Collectors Private detectives have prepared a new niche of work

[Ющук Евгений Леонидович]

Re: Collectors Private detectives have prepared a new niche of work

Well, if in your own, then written permission is not required. Only verbal, preferably in a voice recorder. Only one of the debtors will go to the office of the detective or collector to talk about paying the debt. At best, the conversation will take place on the street or in the office of the debtor.

Clear.
I think the situation is as follows: in all cases, the detective is able to organize:
1. Video recording of the alleged crime.
2. Design (before, after or during shooting), which does not allow the recording to be considered illegal.
3. Legalization of the record in the case file - immediately from myself, by communicating from the client during the survey, by communicating from an eyewitness, or in any other way that does not contradict the law.

But the specifics, as usually happens, depends on the circumstances in which there is contact with the villain. It is important that the detective, in principle, has sufficient qualifications to organize, conduct and properly arrange this event.

 

[Роберт]

Re: Collectors Private detectives have prepared a new niche of work

And the next day, or that very evening, the debtor fells from the city !!! And all over again !!! : D: D

 

[Роберт]

Re: Collectors Private detectives have prepared a new niche of work

The problem is that all materials on debts refuse at once, referring to civil legal relations. So for the police, this is not a crime. And so the showdown is the family level of the precinct. It is possible to issue the material only if the person gives a clear consent, and he usually says that he doesn’t want to communicate, doesn’t know anything, and in general it’s not him: D and even protests, shouts: - Fulugan! Kill!
Or: - Leave me alone, police! Help! : D ah !!!
Well, and other nonsense.
Therefore, the good collectors often speak politely, but with
This is put on all fingers on a golden nut, all sorts of bracelets and watches are authoritative. One says, and the second "charmingly" smiles, looking like a weightlifter: D well, and the value face never hurts. You can be silent with such a face.

 

[Ющук Евгений Леонидович]

Re: Collectors Private detectives have prepared a new niche of work

The problem is that all materials on debts refuse at once, referring to civil legal relations. So for the police, this is not a crime. And so the showdown is the family level of the precinct. It is possible to issue the material only if the person gives a clear consent, and he usually says that he doesn’t want to communicate, doesn’t know anything, and in general it’s not him: D and even protests, shouts: - Fulugan! Kill!
Or: - Leave me alone, police! Help! : D ah !!!
Well, and other nonsense.
Therefore, the good collectors often speak politely, but with
This is put on all fingers on a golden nut, all sorts of bracelets and watches are authoritative. One says, and the second "charmingly" smiles, looking like a weightlifter: D well, and the value face never hurts. You can be silent with such a face.

I rely on what the collectors themselves have said. And they expressed themselves very clearly - that they will disseminate defamatory information, demanding to pay some money, which is exclusively a figment of their client’s imagination.
I don’t see any reason to discuss who put on some nuts. information issued by them speaks differently.

 

[Роберт]

Re: Collectors Private detectives have prepared a new niche of work

And will the detectives help them with this? Hardly?
I doubt that detectives will work with collectors.

 

[JR Security Consulting Group]

Re: Collectors Private detectives have prepared a new niche of work

The collectors have a bad reputation ... few will agree to work with them ...

 

[Ющук Евгений Леонидович]

Re: Collectors Private detectives have prepared a new niche of work

And will the detectives help them with this? Hardly?
I doubt that detectives will work with collectors.

The collectors have a bad reputation ... few will agree to work with them ...

Um ...

Let’s, I will quote the material again in this part - so that we talk nevertheless about what is written, and not about what is fantasized.

So, the position of the collectors who announced the collection of legally unconfirmed debts:

According to Izvestia, Russian collectors began to offer their customers a new service - collecting “black salaries” from employers.

According to the publication, the pioneers in this area were the Center for the Development of Collection and the Agency for Financial and Legal Security.

The head of the “Center for the Development of Collection” Dmitry Zhdanukhin and the deputy general director of the Agency for Financial and Legal Security Fedor Kazakov confirmed to Izvestia this information.

According to these leaders, most often such a service is in demand among directors of small companies, and in the amount of about one and a half million rubles.

... they called two fundamentally different types of such impacts - writing statements to regulatory authorities and disseminating information about the company's dishonesty among its contractors and potential employees. There is serious doubt about the need to hire collectors to write statements to regulatory authorities. The person who worked as the director is quite capable of doing this himself. But the dissemination of, in fact, defamatory information about the company, its owners and its management, collectors can really execute.

The opinion of another collector - who does not consider this direction completely legal:

In fact, doubts about the full legitimacy of this area were expressed by the commercial director of the Stolichnoe AVD collection agency, Evgeny Arsentiev. “Large collection companies operate strictly within the legal framework, in the same case, the problem arises of collecting documented amounts that are not confirmed,” Mr. Arsentyev told Izvestia, adding that this niche may be relevant for “small companies that do not take into account legal risks. ”

Opinion regarding detectives:

... the collection of documented sums not under the threat of disseminating information defaming the company or its owners may lead collectors to the dock under the criminal article “Extortion”.

The fact is that actions aimed at obtaining, as part of an organized group, arrears that are not documented, can form part of this crime, the punishment for which in this case is from 7 to 15 years in prison.

It is also important that non-payment of part of the promised remuneration often occurs due to a conflict between the employee and the company. Therefore, the parties to the conflict have well-grounded claims to each other. And this, in turn, increases the likelihood that the owners of the company may consider it morally justified to write a statement to the police regarding collectors.
A contract with a licensed private investigator may allow such owners to expertly secure evidence in the case. And then, the law-enforcement authorities, together with the statement, will be handed over a practically open case, with officially documented evidence.

Detectives will not work with those who collect money extorted from?

 

[Роберт]

Re: Collectors Private detectives have prepared a new niche of work

No, they will not do. All the violations. Black salary is a violation. And collectors finally can run into extortion. Who will start a contract with a detective or a lawyer? This, whatever one may say, is outside the legal field.
I didn’t even think about this situation at first, for me it is unacceptably simple.

 

[Марат]

Re: Collectors Private detectives have prepared a new niche of work

There were several orders from collectors to establish the actual place of residence of the debtor. We reported the location of the object, and then not our element. No contracts were concluded. On some issues, you can find mutual interest with them. Just be careful))

 

[Андрей Захаров]

Re: Collectors Private detectives have prepared a new niche of work

Well, extortion, not extortion, is another question ... However, in the actions of persons who are engaged in the recovery of documented unreasonable debts, in the worst case, a corpus delicti could be found, providing for liability under Art. 330 of the Criminal Code of the Russian Federation (Self-government, i.e. , contrary to the procedure established by law or other normative legal act for any actions, the legality of those involved is disputed by the organization or citizen if significant harm is caused by such actions). , all actions aimed at collecting these debt obligations not within the framework of preparing lawsuits to the judicial authorities can be considered arbitrariness ... In addition, apparently the actions of collectors regarding the collection of documented debts clearly go beyond their “authority”, t. to. collectors, in principle, can organize the collection of debt obligations, having acquired from creditors the right to collect those, which (the right of claim) should be fixed on the basis of documents (loan agreement, etc.). If there are no such documents, collectors, of course, do not can acquire the right to claim the debt from the creditor and, thus, all their actions aimed at organizing the recovery of debt obligations that are not documented can be illegal ... Regarding the role of the black hole in the procedure for proving the existence of debt obligations in terms of non-payment of “black” salaries. .. the question is controversial ... After all, it is easier for a citizen who has not received a “black” salary under an employment contract to make a statement to law enforcement agencies to check for the presence or absence of an offense in the actions of the employer that provides for liability for fraudulent actions (Article 159 of the Criminal Code of the Russian Federation ) or according to Art. 165 of the Criminal Code ... The same applies to persons working on civil law contracts ... Police officers are obliged to accept this application from a citizen, verify the facts and make an appropriate decision. This decision (as practice shows on such appeals) is usually about refusing to initiate criminal proceedings for lack of corpus delicti, will be a documentary confirmation of the fact of the presence or absence of any debt obligations to the applicant. Moreover, this decision is in the form of a resolution, if the fact of non-payment of wages or remuneration during the verification of the application is established, is a document confirming the fact of debt. It is with this document that you can go to court with a request to collect a debt in the manner prescribed by law ... Something like this ...