The government is planning to adopt a draft which will regulate the functioning of debt collection companies, the legal framework for their activities and regulations concerning the status as well as the rights and obligations of persons conducting debt collection, according to the list of legislative and program works of the Council of Ministers. The adoption of the bill on debt collection activities and the debt collector’s profession is planned for the fourth quarter.
The assumption of the draft act is that the performance of economic activity in the field of debt collection is a regulated activity within the meaning of the provisions of the Act of March 6, 2018 – Entrepreneurs Law and requires obtaining a permit and entry in the relevant register. category of entities after obtaining a permit issued by the minister responsible for economy and entry in the Central Register of Debt Collection Companies and Debt Collection Companies kept by him, according to the list.
Only a person employed in a debt collection company, having a license and entered in the register, will be able to collect the debt collector.
All documents and letters prepared in connection with debt collection activities will have to include the name of the debt collection company, including its address; indication of the number in the Register of Debt Collection Companies and Debt Collection Companies and the number in the National Court Register; names and surnames of persons authorized to represent the enterprise.
Pursuant to the draft, the debt collector will be required to keep collection files, including the preparation of a recovery note and recording of the ongoing debt collection in the form of a regularly updated debt collection list. The debt collection note will be part of the debt collection files that the debt collection company will be obliged to keep separately for each obligated person.
Collection files are to be issued immediately upon every request of the court, prosecutor and supervisory authorities.
The draft is also to regulate the rules of conducting the complaint procedure in the course of debt collection. After exhausting the complaint procedure, it will be possible to raise objections to the supervisory authority. The appeal may be submitted in any form. The forms used are only to be a convenience and one of the possible forms of their submission.
The minister responsible for economy is to supervise the activities of debt collection companies and debt collectors. This minister is to issue, refuse to issue and revoke permits for the activity of debt collection companies, he will also be competent with regard to the license for the debt collector.
Within the scope specified in the Act of 21 July 2006 on supervision over the financial market, the supervisory authority will be the Polish Financial Supervision Authority.
