Chapter 2. Observing economic rights
59
Example
At the same time, the financial institution did not warn the applicant in due time of such artificial debt
and liquidation of the bank, transferring the rights of claim under the loan agreement in the amount
of UAH 3,900 and personal data of L. to the debt collection company. The applicant refused to pay this
amount and thus, debt collection company continued to demand payment of non-existent debt by
unlawfully increasing the amount of claimsup to UAH 74,000, using psychological pressure in the form
of threats and blackmail.
As a result of the measures taken by the Commissioner, a systemic problem has been identified that
requires legislative regulation – a state regulator should be granted the authority to regulate debt
collection activities of debt collection companies
It should be noted that the Law of Ukraine “On Financial Services and State Regulation of Financial
Service Markets” #2664-III of 12 July 2001 establishes only the legal framework for the protection of the
rights and interests of clients of financial institutions and private entrepreneurs who provide financial
services, but does not cover all aspects of such activity, including the methods of debt collection.
In their appeals to the Commissioner, citizens report interference of debt collection companies with
their private lives, moral and physical pressure.
Example
Citizen Ch. from the city of Vinnytsia reported to the Commissioner the violation of her rights by
representatives of debt collection companies that demanded her to pay money under loan agreements,
which she did not enter into. Representatives of the debt collection company put moral pressure on the
applicant, threatened her and her family with physical violence.
Following the violations identified, the Commissioner referred the appeal to law enforcement agencies
requesting them to verify the facts of threats and possible violence by the representatives of the debt
collection company against the applicant and her family.
The Commissioner requested the debt collection company to immediately terminate violations of the
rights of consumers of financial services and do not commit them in its further activities.
The Draft Law of Ukraine “On Protection of the Rights and Legal Interests of Debtors in Collecting
Activity” was submitted to the Verkhovna Rada of Ukraine (reg. #2133 of 12.09.2019). It was adopted on
12.12.2019 as the basis in the first reading.
CHAPTER 2
The Commissioner was contacted by citizen L. from the city of Zhytomyr, a retiree by age. The applicant
alleged that she had timely fulfilled the terms of the loan agreement with the financial institution, but
the last payment she had paid had not been credited to the creditor’s account due to the deterioration
of liquidity and the subsequent insolvency of Khreschatyk Bank that served the creditor.
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