National Assembly of the Republic of Bulgaria - Home
National Assembly
of the Republic of Bulgaria
News
Urgent changes in legislation will seek a balance between private enforcement and debtors
03/04/2014
Our ambition is before the Easter holidays of the parliament to make ​​changes to several laws, which will strike balance between private enforcement agents (PEA) and debtors. This commitment was taken by the Vice-President of the National Assembly Maya Manolova after the public discussion on the subject organized by the Commission for cooperation with civil society organizations and movements. According to Maya Manolova legislative changes are needed urgently in the CCP, the Banking Act, the Consumer Credit Act and other laws related to this matter.

The amendments should reconsider the amount of fees collected by private bailiffs, particularly from small debtors; the actions of PEA should become subject to judicial control; proportionality should be ensured between the obligation and the means of its collection; more effective control should be imposed on the work of law enforcement etc. The legislative changes should  regulate the collecting companies that currently also collect debts, but remain outside any regulation thus their status being unclear, said Maya Manolova.

The Ombudsman, Konstantin Penchev, who also attended the discussion, welcomed the direction of change and also appealed for strict control and regulation of the collecting companies.

The MP from Coalition for Bulgaria Strahil Angelov familiarized the Commission members with the draft amendment to the Private Enforcement Act.

On behalf of 26 public organizations Dimitrin Vichev, Chairman of the Association of victims of PEA and banks, insisted on the introduction of a moratorium on forced collection of receivables, on setting up an ad hoc parliamentary inquiry committee to investigate the corrupt practices in the work of the PEA and full review and verification of PEA by the Ministry of Justice, Ministry of Finance and State Agency National Security under the supervision of the Prosecutor General's Office.

Representatives of various public organizations expressed the opinion that there is currently no control over the activities of PEA and they often exceed the powers vested in them by law.

Despite the extended invitation, no representatives of the Chamber of Private Enforcement Agents attended the discussion.

Maya Manolova opposed the idea for moratorium, as in her view experience has shown that such bans do not solve problems and in this case will block the entire process indefinitely, which will increase the inter-company indebtedness.

She committed to bring forward for discussion in the Coalition for Bulgaria the request for setting up an inquiry committee to investigate the corrupt practices of PEA.

MPs and experts who will work on amendments to the legislation governing the work of PEA will receive a transcript of the discussion.
Search form
Key word