- Статьи
- Society
- At the expense of rent: carsharing companies began to transfer debts to collectors more often
At the expense of rent: carsharing companies began to transfer debts to collectors more often
Car tenants run the risk of running into collectors even before they have time to challenge the invoice. Services are increasingly attracting such organizations to collect unpaid charges, including those that drivers disagree with. According to experts, carsharing fines account for about 5% of the total portfolio of debt repayment agencies, and this share is gradually increasing. Lawyers emphasize that such a practice is legal if the relevant condition is stipulated in the contract. Why companies resort to such a mechanism and what it threatens motorists is in the Izvestia article.
When a disputed fine becomes a debt
In October 2026, Vadim rented a car. Later, 7 thousand rubles were written off from his account and they demanded to pay more than 15 thousand rubles in compensation for damage from an accident and examination costs. At the same time, according to the driver, he did not get into an accident. And even before the start of the trip, I noticed that there was already a slight damage to the rear door on the car.
"The user draws attention to the fact that the route was carried out on public roads with the presence of video cameras, the material from which confirms the absence of accidents and damage during the use of the car," says the pre—trial claim, which is available to Izvestia.
Despite the fact that Vadim disputes the claims, his fine has already been handed over to the collection agency.
"We ask you to pay the debt today," says the notification he received.
Sergey, a client of another carsharing service, faced a similar situation. After the lease was completed, he was accused of committing an accident and demanded to pay a total of more than 150 thousand rubles. Sergey did not agree with the claims and did not transfer the money. After that, he was charged more than 40 thousand rubles for the delay. The debt was also transferred to collectors who have already appealed to the court.
According to users, in some situations, they are given only a day to repay the debt. If a person refuses to pay and announces his intention to challenge the claims, he begins to receive penalties on a daily basis and is warned about the transfer of the case to collectors.
"You can pay the fine and then provide proof of innocence," a representative of the carsharing service told one of the users. Izvestia has the correspondence.
In addition, tenants are informed that information about their debts will appear on a certain "federal resource."
"The information will be available to government agencies, educational institutions, migration service, banks, BKI (credit bureaus. — Izvestia), at the place of work," another message says.
Izvestia sent a request to car-sharing services asking for comment on the situation, but at the time of publication they had not received a response.
Why do carsharing companies turn to collectors
The involvement of debt collection agencies allows services to delegate the collection of charges, Kirill Saprygin, head of the legal team at DestraLegal, explained to Izvestia.
— Carsharing does not need to independently deal with each debtor, spend its resources on calls. All this is taken over by the collection agency. For businesses, this is an opportunity to focus on their core business by transferring non—core work to a specialized company," he said.
Professional collection organizations (PKO) do work with the debts of carsharing clients, the National Association of Professional Collection Agencies (NAPCA) confirmed to Izvestia. According to her, the share of such debts in the total portfolio of PCOS is about 5%. Lawyers interviewed by Izvestia gave a similar assessment, noting that this indicator is growing.
Most often, agencies act as representatives of the service and negotiate with debtors to resolve the issue, the association said. To do this, they use messages and calls with reminders of the need for payment. According to NAPCA representatives, the PCOS themselves do not charge penalties.
— For the client, the fact of debt transfer is rather positive, as it allows to understand the situation at the pre—trial stage, and if the fine is fair, to resolve the issue on favorable terms, — the association believes.
According to the financial advisor and founder of Rodin.Alexey Rodin's Capital, every tenth carsharing trip ends in a fine. About a third of drivers initially disagree with the demands made to them, but after clarifying the circumstances and communicating with the company, most recognize the debt.
— The main reason for such inconsistencies is that the tenant scrolls through the terms of the contract, immediately checking the box, — he noted.
Services have become more likely to attract claimants or assign them claims under assignment agreements, judicial lawyer and public figure Elena Shalaton confirmed to Izvestia. According to her, before the operators were limited to account blocking and attempts to automatically debit money from the linked card, and now they have established cooperation with professional agencies. As a result, the dispute is moving faster beyond the carsharing ecosystem, the lawyer emphasized.
What is allowed to the recoverers
The involvement of collectors is legal if such an opportunity is provided for by an agreement with the client, the NAPCA explained. As a general rule, separate user consent is not required for this, said Nikos Paraskevov, Managing Partner of the Business Legal Group Bar Association.
— The legislation does not set a minimum deadline for the transfer of debt to collectors. Therefore, formally, this can happen the very next day after the delay occurs," he stressed. — However, the fine must be justified. The charge itself does not prove a violation of the contract and the obligation to pay.
The carsharing penalty does not automatically lead to a deterioration in the credit rating, said Denis Kunaev, lawyer for Business Legal Group and head of administrative practice. However, the consequences may become more serious if the case goes to court and then to enforcement proceedings.
In this case, accounts may be seized, money may be debited and income may be withheld, and if there are grounds, travel abroad may be restricted, Kirill Saprygin said. In addition, court costs and enforcement fees may be added to the initial amount.
How to challenge charges
This can also be done after recovery agencies have joined the case, Denis Kunaev emphasized. First of all, it is necessary to find out who owns the right of claim.
— When collectors act on behalf of carsharing, the dispute is with the company itself. If the debt was sold, the claim should be sent to the person who bought it," the lawyer explained, "the lawyer explained.
It is important to separate the two issues: Kirill Saprygin added who collects the debt and who made the decision to charge it. If the client considers the fine to be unjustified, he needs to request from the service documents confirming the violation, a detailed calculation and the grounds for the claims.
— At the same time, you should notify the collection agency that the charge is being disputed and send him a copy of the appeal to the carsharing. If the original creditor does not recognize the user's claim, the issue can be submitted for court approval," the lawyer said.
NAPCA also recommends sending a claim to the company with evidence of its position.
The main problem lies not in the involvement of collectors, but in the fact that a controversial fine can become an instrument of pressure on the consumer even before checking its validity, Nikos Paraskevov believes. Transferring debt to a third party does not automatically make it legal: carsharing or a new creditor must prove that the debt exists and justify its size, the lawyers emphasized.
Переведено сервисом «Яндекс Переводчик»