Article 13 of the Notice on Further Regulating Credit Card Business (hereinafter referred to as the Notice-Reporter's Note) issued by CBRC No.60 in 2009 clearly stipulates that banking financial institutions should prudently carry out outsourcing of collection. "The selected collection outsourcing agency should be approved by the senior management of its domestic headquarters and sign a collection outsourcing contract with perfect management and clear responsibilities."
The Guidelines on Outsourcing Risk Management of Banking Financial Institutions (hereinafter referred to as the Guidelines-Reporter's Note) issued by China Banking Regulatory Commission on 20 10 also stipulates that in addition to strategic management, core management and internal audit, banks can entrust "some business activities that they are responsible for" to service providers for continuous processing.
"In fact,' collection outsourcing' has a legal basis and is not uncommon in the banking industry." Li Wei (pseudonym), an employee of the credit card business department of a large commercial bank, told the China Youth Daily reporter, "Due to the collection of personal credit card arrears, the documents are scattered, and the amount involved is usually small but large, while most domestic banks have not set up special debt collection departments. Therefore, it is likely to be handled by some banks through outsourcing. "
However, Li Wei stressed that according to the Circular, banking financial institutions that carry out collection outsourcing should establish corresponding business management systems, and clarify the selection criteria, business training, legal responsibilities and economic responsibilities of collection outsourcing institutions.
The notice requires that the entrusted outsourcing agency must also have a strict examination and approval system and sign a collection outsourcing contract with perfect management and clear responsibilities. And "it is not allowed to pay the commission simply by deducting the amount owed".
"The law has strict control measures to ensure the security of customer information. Therefore, most of the third-party institutions that can cooperate with banks are qualified law firms or consulting companies. "Debt collection company" is just a popular saying in the media. Due to the gray nature of the debt collection company itself, it is easy to cause public misunderstanding. " She said.
The reaction of the banking industry supports Li Wei's statement.
Jiangsu Branch of China Bank and Jiangsu Branch of China Construction Bank, which were "exposed", said in a telephone interview with China Youth Daily reporter that there was something wrong with the report and they had reported the relevant information to the CBRC. The reporter sent a letter to the CBRC for verification. As of press time, no reply has been received.
According to media reports, three "exposed" banks all said that third-party debt collection means that supervision must be strengthened. Such as inviting tenders for all companies, identifying cooperative companies and signing strict liability guarantee; Record all dunning calls and keep them for three months or even two years, and check them irregularly; Door-to-door dunning must be done by two people, including bank employees.
In view of the current "chaos" of bank debt collection, Xia Ping, president of Nanjing Bank, understands that this has exposed the problems of banks in the initial stage of credit card management and "has not learned how to effectively manage third-party companies"
reference data
Experts say that it is not illegal to hire debt collection companies to collect debts. Qian Jing. Com[ reference time: 2018-1-1]