When a collection company entrusted by a bank uses violence to collect debts, it violates the law. Is the bank responsible?

I personally feel that the bank violated the rules first and leaked personal privacy to the collection company, one for Party A and one for Party B. In this case, the bank must be responsible

The bank is responsible, but the bank is responsible The right is entrusted to a collection company to collect debts. A common thing is to collect overdue credit cards. In reality, there must be some collectors who do not comply with the regulations when collecting, but it is really rare to use violence. There are too many methods that can be used. For those whose debt exceeds 50,000 yuan, , suspected of credit card fraud, a criminal case can be filed, and I really won’t use violence for that commission.

This time the supplementary criminal law only requires violent collection and sentencing, covering all aspects, including glue on doors, plastering slogans, threats and terror, humiliation of character, kidnapping, etc.

The bank has no responsibility. So the collection business was given to an outsourcing company. Bank collections mainly focus on the 90-day overdue stage. To be more precise, they are not collections, but notifications and urging cardholders to repay as soon as possible. The attitude is relatively mild. After these 90 days, without a penny being paid, the bank forwarded the bill to a third party for collection.

Why push it to a third party? First, the bank has limited staff and cannot spend too much experience on collecting accounts. Another reason is to avoid responsibility. If the cardholder files a lawsuit, the bank will be unable to withstand it. Frequently harassing cardholders is illegal in itself. Although there are no relevant legal provisions, cardholders can also call the police.

Many cardholders call the bank to solve repayment problems, such as repaying the principal in installments. The bank will not accept it and will push it to a third party. There is really no way for the third party to collect. Only then will the order be pushed back to the bank. So cardholders often receive collection calls from across the country. If you want to file a lawsuit with them, you don’t know who to turn to.

When have you ever seen banks responsible?

The law does not explicitly prohibit banks from entrusting third parties to collect debts. However, collection companies that collect debts on behalf of others constitute illegal business operations. It is also illegal for a bank to entrust a debt collection company to collect debt from others knowing that it is operating illegally. The company that requires accounts uses violent methods. If serious consequences are caused, both the company and the bank that require accounts will be held criminally responsible.

It is the same as hiring a murderer. He should be the principal culprit and should be punished more severely. I am the owner of Gui Yu Zhai who only talks about practical things. As for the title of the question, if you have enough evidence to prove that the collection company is appointed by the bank, then the bank must bear relevant joint and several liability. However, in actual circumstances, it is difficult for the victim to provide evidence for the following reasons:

1. Any collection company does not use a fixed real-name telephone number when conducting collection. Even if you use recording methods, you cannot actually prove the phone number. The collection staff on the other end are employees of a third-party company entrusted by the bank. Therefore, it is recommended not to answer any unknown calls.

2. Even if the debt collector states that he is an employee of a certain company, you cannot prove whether the company is still cooperating with the relevant bank when answering the call.

3. Even if the collection staff provides information on the cooperation between the relevant company and the bank (provided it is true), it will be difficult for you to prove whether the employee is a real employee of the company.

If any of the above three points is not true, you cannot sue the bank or collection company. Do you understand?