The Ministry of Justice is in the process of completing work on a new draft law on debt-collection activities and the debt-collection profession. – We will soon refer him to consulting, because the activity of debt collection companies is currently the Wild West, and there are no regulations, as indicated, for example, in the NIK report on the GetBack scandal – says Marcin Warchoł, Deputy Minister of Justice .
debt collection companies It must be entered in the Central Register, be in the form of a joint-stock company and have a capital of 5 million PLN. Initially, the capital amounted to 20 million PLN, which is approximately equal to what is required of banks. The driving permit will be issued by the Minister responsible for the economy – currently Valdemar Boda, Minister of Development. The company will have to keep complete records Actions taken against the creditor, such as recording messages sent, text messages, emails, and records of telephone conversations.
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Arkadiusz Pączka, vice-president of the Federation of Polish Entrepreneurs, thinks so Changes will favor the professionalization of the industryof which there were many comments. – This market should be regulated anyway, which does not raise widespread controversy. As for the amount of capital, I suppose the ministry bases entries on specific accounts – assesses Pączka.
Marcin Kjeswin, president of the Federation of Financial Entrepreneurs, looks at it differently. – The requirement of PLN 5 million of the capital is a significant obstacle to debt-collection activities He does not know where it came from. The sector is likely to adapt, but one must be careful in formulating this type of requirement, because the EU directive grants the right to cross-border debt collection activities throughout the EU, provided it is entered into the registry in one of the member states – explains as a couple .
So you can expect it Companies will look for countries with friendlier requirements so that they can raise money in Poland.
Who will be able to be a debt collector and what will the debtor gain
A person who graduated can be a collector 24 years old, no criminal record, no debts – number Registered in the Economic Information Offices and the National Debtors Register. Before starting work, she will have to undergo a medical and psychological examination. This will definitely increase labor costs. However, Central Bureau of Statistics data shows that in 2021, up to 91 percent were employed. With 6,037 people dealing with debt collection.
– The most important thing is the right to object – says Marcin Warshaw, Deputy Minister of Justice.
According to the draft, the company must inform it in the first contact at the latest that it can file objections at any stage of debt collection. why? The Ministry of Justice explains this There are not always legal grounds for pursuing debtors, and harassed people, despite having no obligations, will get a tool to quickly eliminate debt collectors from their lives. There is a story in the media, for example, about the collection of elapsed claims or from people who took out the debt after their deceased father, but only up to the amount of the inheritance. On the other hand, the project provides that During the first conversation, the debt collector will have to report the claims limitsIf it has already elapsed long enough.
– In short – the debt collection company has to inform such a debtor that it may refuse to pay the debt without consequences, Deputy Minister Worshaw explains.
According to market representatives, this is an important change, but not necessarily a good one. – This de facto means canceling obligations, ruling that debt simply disappears after the statute of limitations. The most surprising thing is as suggested by the Ministry of Justice. However, if the lawsuit does not fall within the statute of limitations, the objection will immediately refer the case to court proceedings and enforcement of the record, which is costly for the debtor, says Marcin as a married couple.
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The debt data will later go to the records
The Debt Collection Market Regulatory Project also introduced changes to the Economic Information Disclosure Act. Currently consumer who not regulated Bills worth At least 200 PLN for 30 days. design The amount of the debt increases to PLN 500, and the period of non-payment is extended to 60 days. The company’s debts will also be entered into the register only after a couple of months, if it reaches PLN 1,000 – currently it is PLN 500.
According to Marcin as a married couple, this is a detrimental change for both debtors and creditors. – Delays in providing economic information may make it easier for a debtor to fall into a debt spiral. Entry into this database is a sign to everyone that the debtor has a problem. The possibility of incurring new liabilities is reduced. At first glance, you might think that it gives you a chance to “catch your breath”, but that’s just an obvious consequence. This is certainly the opposite trend of working in EU countries. For example, in France, efforts are made to catch the debt spiral as quickly as possible – assures Chugan.
Arkadiusz Pączka doesn’t like this recipe either. – For contractors, the most important thing is whether the customer pays on time. Financial liquidity will become even more important in the context of the crisis. Hence, I am amazed that the deadline has been extended to provide information that the company has arrears in settling bills, especially since the same government has fought against payment bottlenecks – says Pączka.
The European Union imposes market regulation
The EU directive obliges us to regulate the market On credit services, credit buyers and enforcement of collateral, otherwise known as NPL routing. It is scheduled to be implemented by December 2023. So Financial companies are not surprised by the MS project but by its details. According to industry representatives, the project does not implement the requirements of the European Union.
The directive affirms that debt collection companies are an important component of the financial market and aims to facilitate the disposal and investigation of unsubsidized loans in all EU markets. However, it is important that the project does not spoil the market you need, especially by banks, says Marcin as a couple. The Ministry of Justice confirms that the project will continue to be consulted with him.
valdemar boda, The Minister of Development wants That the project is directed to the market on the one hand and that it meets the purposes of the seal on the other hand. In particular, minimal capital analysis is required to allow small entities to operate as well. The market needs regulation, we will try to do this, in cooperation with the Ministry of Justice we will control it – Buddha says.
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