It may happen that the debtor consumer wins the case in court and the costs of the court proceedings are borne by the losing party. The court may also release the debtor’s consumer entirely or partially from the obligation to bear the costs of court proceedings. A debt collection company may include in letters addressed to debtors consumers a warning about the possibility for the consumer to bear the costs of court proceedings, but without specifying specific amounts. The information provided to the debtor consumer must be accurate

Can a debt collection company frighten me to put my personal data in UK?

No. A debt collection company may not publish in letters addressed to consumers information on the possibility of providing consumer data as a debtor to the Economic Information Bureau. The issue of providing consumer information to the Economic Information Bureau is regulated by the Act of 14 February 2003 on access to business information. In accordance with this Act, the entities authorized to provide such information are only the listed institutions, among which there are no entrepreneurs whose business activity is debt recovery.

A debt collection company scares me with the prosecutor’s office, is it legal?

No. A debt collection company may not publish in letters addressed to consumers information on the possibility of submitting a notification to the prosecutor’s office of a crime committed by the debtor consumer. Disputes arising from legal relations between a creditor or debt collection company and consumers with debtors, as a rule, are of a civil law nature and are primarily subject to the jurisdiction of civil courts. You can talk about an offense committed by the debtor in exceptional cases. Such premises are examined by a criminal court on the basis of a prior notification to the prosecutor’s office by a creditor or debt collection company and the consumer is charged by the prosecutor’s office. Therefore, there can be no justified information about the possibility of bringing criminal proceedings.

The debt collection company attached a lawsuit to the letter, does it have legal force?

The title of letters addressed to consumers “information about the initiation of enforcement proceedings” and sending consumers debtors who have completed, but not sent to the court, I have no legal force. Some of the letters sent to consumers by debt collection companies are entitled “information about the initiation of the enforcement procedure”. 

Attached to these letters is a completed and not sent to court, often unsigned or entitled “draft” lawsuit against the consumer. Such action of a debt collection company may cause consumers to have the wrong impression that enforcement proceedings have been initiated by a bailiff or court proceedings are in progress. Of course, the debt collection company may file a lawsuit against the debtor consumer in order to start the enforcement procedure (bailiff), but the debtor consumer will then receive a letter by registered mail either directly from the court or directly from the bailiff.