What should you do when the debt collector repeatedly harasses the reference person to collect the d

Legal situation:

I used to be a reference person for my friend to apply for a loan from a bank. Later, this person continues to use my information as the reference person. The bank disbursed without giving me any notice, so I do not know about the loan. Recently, since there has been a delay in payment, the debt collector constantly bothers me. I cooperated well and explained that I had not contacted and worked together with that person anymore. But the debt collector has still taken my picture and posted it on social media with the caption is that I haven’t paid the loan. Then, they have even sent those pictures to my other friends. Can I file a lawsuit in court against the debt collector for this behavior? Sincerely thank you.

FDVN’s opinions:

Thank you for concerning and trusting in FDVN’s legal services. Based on your consulting requirements, after studying the legal documents, FDVN Law Firm offers the following advice:

1. Most credit institutions require a reference phone number when making a credit application. Fe credit (FE) – the unsecured consumer loan is not an exception. In order for the application to be approved, the loan applicant must provide the reference phone number.

However, it is crucial to clearly determine that the obligation to pay the loan is performed by clients (borrower) who, in this case, is your friend. The reference person (you) has no obligation to repay the debt on behalf of the borrower (your friend).

2. Currently, there are several law provisions to handle acts that insult to the honor and dignity of others, accordingly:

On penalties for administrative violations against regulations

Pursuant to Point l, Clause 3 Article 5 of the Decree No. 167/2013/ND-CP, which regulates penalties for administrative violations in the fields of social security, order and safety, prevention and fighting of social evils, fire, and domestic violence.

“3. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for one of the acts as follows:

l) Writing, distributing or circulating documents with distorted and fabricated contents affecting the reputation of the organization or individual;”

Thus, you are not the borrower, but the debt collector posted on social networks that you do not pay the loan, which is the act of slander and spread the rumors affecting your reputation.  Pursuant to the above provision, that debt collector will be liable to a fine of from VND 2,000,000 to 3,000,000.

In addition, these acts have signs of constituting the crime of slander as prescribed in Article 156 of the Criminal Code 2015, which was amended and supplemented in 2017. Accordingly, a person who fabricates information or spreads false information to harm another person’s reputation or infringes upon another person’s lawful rights and interests will face criminal prosecution for slander and can be imposed a penalty of up to 02 years’ community sentence or 03 – 12 months.

Thus, you need to save the pictures, pieces of evidence of violations of the debt collector, and then submit a denunciation with signs of criminal law violation to the District-level investigation agency for resolving in accordance with the criminal proceedings.

Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.

Nguyễn Thị Thùy Trang – FDVN Law Firm. 

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