A dunning company is legal as long as it is legally established. A debt collection company is a company specially set up to collect debts for some institutions or individuals.
When a regular dunning company collects debts, it will abide by the law and will not violently collect debts. However, some companies often take some drastic measures to collect money, but the state has long banned violent collection.
The Notice of the State on Standardizing and Rectifying the Cash Loan Business stipulates that the establishment of financial institutions and financial activities must be subject to access management according to law. No organization or individual may engage in loan business without obtaining the qualification for loan business according to law. All kinds of institutions or entrusted third-party institutions shall not use violence, intimidation, insult, slander, harassment and other means to collect loans. All kinds of institutions shall strengthen the protection of customer information security, and shall not steal or abuse customer privacy information in the name of "big data", or illegally buy, sell or disclose customer information. Article 246 of the Criminal Law stipulates that whoever publicly insults others or fabricates facts to slander others by violence or other means, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Chapter III of the Code of Conduct states:
Article 13 The object of debt collection shall meet the relevant requirements of laws and regulations, and shall not harass irrelevant personnel.
Article 14 When an institution can't get in touch with the debtor, it can only get in touch with the contact person agreed by the debtor in advance to restore contact with the debtor.
Fifteenth in debt collection, the collection personnel should indicate the name of the representative office at the first time, and should take the initiative to produce relevant documents and loan information when collecting on site.
Article 16 When communicating with the debtor and related parties, the collection personnel shall use polite language, and shall not intimidate the debtor and related parties with words or behaviors that threaten, insult or violate public order and good customs.
Seventeenth collection personnel should carry out collection activities at an appropriate time, and shall not frequently call to harass debtors and other personnel.
Article 18 Collection personnel shall not disclose the debtor's personal information such as debts, overdue and breach of contract. For persons other than the debtor, except as otherwise provided by laws and regulations.
Article 19 An institution shall designate a collection channel, and the collection personnel shall not use other channels or methods to collect repayment from the debtor and related parties, nor shall they illegally collect additional fees in the name of collection.
Article 20 Field collectors must dress in a civilized and decent manner, and shall not violate public order and good customs, and shall not wear misleading clothing.
Twenty-first on-site collection should be audio or video recording. On-site collection personnel shall take the initiative to inform the debtor and the relevant parties of the audio or video recording behavior.
Twenty-second on-site collection personnel shall not beat or hurt the debtor and other personnel, shall not illegally restrict the personal freedom of the debtor and other personnel, and shall not illegally invade other people's homes or illegally search other people's bodies.
Twenty-third on-site collection personnel shall not rob or destroy the property of the debtor and other personnel.
Twenty-fourth on-site collection personnel should take the initiative to report to the police if there is a conflict with the debtor and related parties.
Twenty-fifth collection personnel shall not induce or force debtors to raise funds to repay overdue debts through new loans or illegal means.
Twenty-sixth levy personnel shall not use the name of administrative departments, judicial organs and any other institutions or individuals to levy.
To be clear, a relatively formal collection company not only needs to have the above qualities, but also must have a formal business license. Before reaching the cooperation, you need to ask them for a company introduction, including: company introduction (including business license), photos of office environment, radiation scope of the company's overseas inspection, tax bill, cooperation contracts, business processes, company system and safety measures of other customers who cooperate with Party A, etc.
First of all, you should see whether the business license scope of the other party matches the business of your company. Secondly, from the information such as environment, we can further judge whether this company is really qualified.
Please click to enter a picture description.
Extended data:
According to the provisions of the General Principles of Civil Law of People's Republic of China (PRC):
Article 84 A debt is a specific relationship of rights and obligations between the parties according to the contract or the law. Creditors are creditors and debtors are debtors.
The creditor has the right to require the debtor to perform its obligations in accordance with the contract or according to law.
Article 85 A contract is an agreement between the parties to establish, change or terminate a civil relationship. Contracts established according to law are protected by law.
Article 86 Where there are more than two creditors, they shall share the rights according to the determined share. If there are more than two debtors, they shall share the obligations according to the determined share.
Article 90 Legal lending relationships are protected by law.
In the previous article, Bian Xiao sorted out some collection procedures of collection companies, collection skills of enterprises, how to collect international debts, and work rules of collection personnel. You are welcome to read them.