The investigation of the causes of failure in lending
The investigation of the causes of failure in lending
The twenty-sixth of November 2007, 15 hours after the day the entrepreneur N. preliminary telephone conversation with the bank employees arrived with his wife in the commercial banks' MRKB "for the purposes of resolving the issue of the financing of the company. After many hours of the visit during which scrupulously were filled all the required written form, as well as provides notarized copies and the Internal Revenue Service documents, the bank did not explain its decision, orally refused N. in lending. When asked to give a written explanation of the bank referred to the right not to inform customers with a detailed motivation of its decision.
Being very well-known business executives, as well as energetic and persistent person, NA did not take this rejection seriously and made a second attempt to get a loan with another bank. Then there was another bank. Then another. When the number of denied him the credit of banks exceeded ten, N. was seriously worried and asked me for advice.
N. had his farm in the suburbs. For more than 10 years he led and developed its agriculture agro almost single-handedly. Its products are used to see every Muscovite on the shelves of grocery stores more than one year. Once having decided to increase the production capacity of the organization, N. decided to draw debt capital. Since the available funds at the businessman was not a matter of the idea to apply for a loan to a commercial bank. If these explanations did not seem surprising as the decision of the bank, but was refused H. twelve (!) Of credit institutions.
Note that the later H. still managed to get the funds for the development of its production. However, the efforts that had to make the entrepreneur seriously undermined his health, but even more confirmed its human and entrepreneurial skills. That's why the story should be N. cause the respect of the most sophisticated credit commissioners.
Credit managers are aware that banks in deciding whether to grant credit are guided by a scoring software systems. The market represented a great variety of them, but the general principle of operation can be described in two words. This program allows you, based on the client voluntarily transmitted personal information to automatically generate a refund or an estimate of the probability of default by the borrower of its loan. However, if all business lending situation was exactly the case, then there would be no reason not to give out loans as N. being not only a talented handyman and having a degree of Doctor of Economic Sciences as well-made business plan and financial justification of the project that might raise doubts probably the only person who knows about the economy of a school textbook.
During the private investigative actions I found out that it is often a credit manager is not the only person engaged by the Bank to the formation of a separate decision on the borrower. To check the creditworthiness of customers the bank commits to connect the so-called security service. It would seem, what does a retired law enforcement officer has to do with the economic analysis of financial records of the borrower? Maybe the employees of private security companies have been charged with supervisory authority to urgently get economic education? But then why are they called security? The answer is simple. The fact that a former employee of the security services with old ties to previous work may be secretly and (important!) Illegally, in the interest of the bank to use automated - reference counts of the Interior Ministry. These information systems contain sensitive information about citizens. Note that each of these counts may acquire in the public domain on the Internet.
I am interested in two online store. First offered for sale database "Failures loan unscrupulous borrowers and banks in Russia - Issue 2 November 2006". Another online store offers for sale the same database in the "Scoring, waivers on loans, credit check, credit fraud, unscrupulous borrowers." It turned out that in the study of one of the above illegal database information was obtained defamatory against N. If you enter in the search box "name" database "Failures loan unscrupulous borrowers and banks in Russia - Release November 2, 2006," the full name of N. , the user receives the following information: "Category: Addicts suspected: GOING TO STORAGE-DRUG-DRUG SALES", which of course is not true. Do not be amiss to remind that the spread of such false information in respect of any citizen entails severe mental suffering and harms not only the health of the citizen, but his business reputation.
Given the affordability of confidential databases, and ease of use, we have concluded that it is the above-mentioned sources used by banks in the decision to grant a loan N. If so, then such criminal acts were valid grounds for a claim on protection of honor, dignity and business reputation.
Two weeks later, the results of private investigation activities, the detective was able to identify the person who allegedly illegally distributes databases containing information defamatory actions against N. head of the organization of the defendant detective qualified under Art. 129 of the Criminal Code. The results of private investigation on paper and in accordance with paragraph 1 of Article 7 of the Law "On private detective and security activity in the Russian Federation," the detective informed the police (prosecutor) on which it has well-known facts of the crime committed against H. The same package documents for the contract service was transferred to the victim's lawyer N.
Since the prosecutor had no reason to open a criminal case of private prosecution on the facts presented by a private investigator, detective and convert collected evidence admissible evidence in the reasons he was not found, then the materials inspection ... Attorney sent the district police at the place of registration N.
Prosecutors can understand. Detective is an interested person carries on business and the current interests of the victim. But it is acceptable to the lack of procedural rights of private detective to collect and present evidence occurred under silent pressure impunity?
Detective, of course, from the very beginning intended outcome of this case, and to learn the office of refusal, received the message without undue optimism. Meanwhile, desire, and perhaps the need for various reasons to move forward in this matter led me to convince my boyfriend - lawyer SP an agreement to operate side by side with the inquirer. On the same day, when the victim on the recommendation of a lawyer P. stood by "accommodating" the pressure of the district and took my statement, we have a lawyer made his statement - "On the invitation of a private detective (detective) to participate in a private prosecution." In a statement, referring to the AP his lack of information to prosecute the person asked to involve the private detective's investigation.
The application shall be accompanied by a contract attorney-client contract detective with a lawyer licensed private detective activity, 3) two letters of recommendation from clients detective, 4) a written report of the private detective with a detailed justification of the results of the private investigation and 5) computer drives with sensitive information . The court agreed with the arguments of the plaintiff, he decided to open a criminal case and ordered the inquiry body to attach to criminal proceedings evidence obtained detective.