SPECIALIZED COMPANIES HAVE THE RIGHT TO INCLUDE A CLAIM FROM A CONSUMER LOAN

The courts concluded that the assignment of the right of claim on consumer credit in favor of the company is impossible due to the fact that it is not one of the persons clearly defined in the law on consumer lending, therefore, the assignment agreement is null and void and cannot give rise to legal consequences, including granting the creditor the rights of claims to the debtor.

The judicial acts of the lower courts were annulled by the cassation instance, and the dispute was sent for a new consideration (the Decision of the Arbitration Court of the West Siberian District of 27.09.2023 in case No. A27-11994/2022).

The cassation proceeded from the position that the applicant is a specialized financial company. This followed from the name of the company, as well as from the fact that the lender managed the company, which was included by the Bank of Russia in the register of management companies of specialized companies. Thus, the creditor has the right to assign in his favor the debt under the consumer loan agreement. The law has a direct indication of this.