Case detailB a c k
Article 5 2.
||National ID||Decision no. RWR 32/2010|
|Common name||Decision type||Administrative decision, first degree|
|Court||Prezes Urzędu Ochrony Konkurencji i Konsumentów, Delegatura we Wrocławiu||Plaintiff(s)||Prezes Urzędu Ochrony Konkurencji i Konsumentów|
|Court translation||The President of the Office of Competition and Consumer Protection, Delegature in Warsaw||Defendant(s)||WEH Inwestycje sp. z o.o. with its registered office in Wrocław|
|Keywords||intimidation, coercion, false impression|
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It is an unfair commercial practice to send letters to consumers threatening them with bankruptcy procedures and executive proceedings on their assets, when in fact such procedures are not (or not easily) available.
The defendant conducts a business activity consisting of buying receivables from creditors (such as banks) that were ineffective in recovering them, and then seeking the recovery of those debts with the defendant itself. In the process of recovery, the defendant used a uniform letter towards the consumers by which the defendant informed the consumer about the consequences of non-payment after receiving such letter.
Is it an unfair commercial practice to send letters to consumers threatening them with bankruptcy procedures and executive proceedings on their assets, when in fact such procedures are not (or not easily) available?
According to the President, the letters were clearly written with the purpose of exerting pressure on the consumers against whom debt recovery proceedings were conducted.
|URL Decision||Decision full text|
The practice was found to constitute an unfair commercial practice.
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