Another novelty that has been introduced to the BIG report is the assessment of the payment credibility of the analyzed company. The consent given by the consumer to verify it in BIGs, for the benefit of the companies whose services he intends to use will be valid for 60 days.
Easier and faster?
Yes to creditors. From now on, a request for payment may be sent by e-mail, instead of by registered mail or handed in person, which in the opinion of the National Register of Debtors is an important change.
As emphasized by the President of KRD Adam Łącki, to be able to use this solution, a contract should be included in the agreement with the contractor stating the possibility of sending a request for payment in this form. It is important that only companies can show this way of contact, but if the entrepreneur sells something to the consumer – not anymore.
Opposition of the debtor and maximum backlog
After the amendment to the regulations, the debtor has the right to object to both the creditor and BIG, e.g. regarding the threat of disclosure in the register. The objection shall specify the request and shall indicate the circumstances and evidence justifying the opposition. On the other hand, BIG will check and analyze the situation in justified cases, and then suspend the disclosure of data. It can also update them or remove them completely from the registry if they are found to be incorrect. The creditor may enter in the register information on:
- deferral of payment of receivables
- spreading liabilities into installments
- initiating bankruptcy proceedings
- initiating restructuring proceedings
- withholding the implementation of a final decision, order or other decision
- initiating administrative proceedings, tax proceedings or court and administrative proceedings, if they were initiated after disclosing the data
- instituting extraordinary proceedings regarding a final decision, order or other decision
- discontinuance of enforcement proceedings, if it has not been five years from the date on which the decision to discontinue such proceedings became final
- death or cessation of an obligated legal entity
The above information may be removed from the register
No later than 7 days from the date of becoming aware of the circumstances justifying the change or removal. From the good news for debtors there is certainly information about new regulations limiting the entry into the BIG of debts older than 10 years. Until now, the restriction referred to the maximum 10-year period of debt presence in the Economic Information Bureau register, regardless of the date of the debt.
Another, one of the most important changes is the recognition of unfair competition by the creditor to BIG of false data on arrears, i.e. false economic information. If BIG – against the obligation – does not delete or update the data on the amount due, it will commit an act of unfair competition.