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The Office of Competition and Consumer Protection (UOKiK) announced that the debt collection company One Debt Partners was to drop lawsuits against debtors and result in the termination of enforcement proceedings. The decision is immediately enforceable.
Decision One Debt Partners (ODP) it's the day after the case being handled at the telecommunications operator PGTwhich misled consumers.
The office initiated proceedings against One Debt Partners of Wrocław in the autumn of 2018. In February 2017, it bought receivables from PGT in Warsaw. It is a telecommunications company that misled consumers by pretending to be their current operator. A month and a half before the transaction, UOKiK issued a decision imposing a fine of 1.97 million zlotys on PGT. Previously, he had also issued a warning to consumers against this company. The president of UOKiK, quoted in the statement, Marek Niechału, said:
One Debt Partners should not recover debts arising from PGT's illegal activities. Professional diligence requires that the sources of purchased receivables be verified prior to the transaction. PGT has been widely accused for about a year. The case was handled by UOKiK and the prosecutor's office, which has been reported several times by the media.
However, the AMF pointed out that this was not the only complaint against the FIR. The debt collector also misled consumers and put pressure on them. The company sent payment requests, warning that it would transmit the debtor's data to InfoMonitor's Economic Information Office, even if it was only PLN 100. . According to the law, consumer data can only be transmitted to BIG when the liability exceeds 200 PLN.
UOKiK decision on One Debt Partners
The ODP also did not inform consumers of that the purchase of debts does not worsen their situation – they can also bring the same charges against the PER, they had before the deal with PGT. "At the same time, the company took legal action and sent a request for payment to the consumer.The collector did not contact the debtor beforehand to clearly determine the amount of the debt and propose a settlement to him. ; amicable ". This is contrary to decency, especially in doubtful circumstances, "the office said.
Niechrał added that he had been questioned by UOKiK The ODP practices were aimed at encouraging consumers to pay the amount requested, even if it was not due. "The ODP has threatened them with prosecution or disclosure in the debtors' registry.Many people, as a result of such suggestions and misinformation, could have waived their rights," he said. -He underlines.
The Bureau indicated that the ODP had already stopped using these products in the spring of 2017. The decision of UOKiK obliges to suppress their effects:
The company must withdraw from the courts all the lawsuits concerning debts born from contracts with PGT, as well as ask the bailiffs to put an end to all these procedures of execution. It has three months from the publication of the UOKiK decision. In addition, he must refrain from initiating new enforcement proceedings until the final verdict of the court on the decision rendered against PGT. The commitment is immediately enforceable. This means that the ODP must execute them even if it is appealing the decision.
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