FAQ
According to the records of our Principal you have an outstanding debt towards him/her. Please read the information material sent to you carefully. It contains the possible causes of the emergence of your debt, too. You may be in possession of information that you did not communicate to our Principal (e.g., you have sold your car). Even if you notify him now, it can be of great help in finding an appropriate solution for the arrear to be settled. Please, call our colleague so that we could help solving your case. In the course of our proceedings we shall always observe the statutory provisions. According to the guidance of the National Bank of Hungary, debt managers can contact debtors thrice a week, in an ascertainable manner (meaning: calls not answered are not counted towards this number but the text messages and emails sent yes) According to the guidance, our colleagues can call the obligors between 08:00 a.m. and 08:00 p.m., and on Saturdays between 08:00 and 12.00 a.m. Our goal is to inform clients that they can avoid enforcement of the claim in a legal proceeding and paying vast expenses if they are cooperative and an agreement can be reached regarding the payment of the outstanding debt.
Our company is entitled to control the data of clients on the basis of the law. We can manage only the data necessary for the settlement of the debt, and only as prescribed by law. We have a power of attorney to proceed to collect your debt. We can take exclusively steps approved by our Principal and can act on the basis of his/her instructions Based on Section 4, Subsections 8 and 10 and Section 28(1) of the GDPR Creditforte Kft classifies as data processor and not as a third person, therefore, no consent is required for the transmittal of personal data. Our Principal, as owner of the claim against you controls the following of your personal data: name, address, phone number, e-mail address and other contact data; regarding the debt: type, capital amount, and currency of the debt, expenditure, balance, and the personal data of other natural persons linked to the debt, e.g.., guarantor, heir. We carry out our work in the framework of a contract of agency concluded according to the Act on the Civil Code and the Act on the Activities of Attorneys at Law, Act CXII/2011 and Decree 2016/679 (General Data Protection Decree). In the course of our work we process your personal data with a view to recover your debt. Based on the above your consent is not required. Creditforte Kft. received your personal data from its Partners, original beneficiaries of the receivables assigned in the skeleton of a contract of agency for debt management. Within the limits allowed by law, we can update your data from lawful data sources (including also information obtained from data transmitters (e.g., the Residence Register of the Ministry of the Interior). We receive your personal data from our Principal for the following goals: to send you information on how the debt emerged, the consequences that you may have to face in case that you fail to pay (verbal and written communication, the sending of payment orders), legal proceedings, the handling of complaints. Our company may use profiling for controlling the financial situation of debtors which also includes the preparation by the help of statistical methods and also the use of classification models. It is on the basis of this profile that we shall decide what collection strategy we shall follow and, especially, whether we should or not recommend our partner to resort to a legal action. The security risks arising as a result of transmitting your data are mitigated by the application of appropriate security features, such as password). We shall actively control your personal data until your debt is credited on the given account, and passively (e.g., the furnishing of information in case of information request) for 90 days following the period allowed for case management. This storing period, however, can be restricted by the instructions of our Principal, or the statutory provisions.
Our Partners try to inform the obligors at every time when the latter incur debts and also before they hand the cases over for a collection procedure, it may, however happen, that you did not fulfil your obligation to notify the other party of the change of your data, therefor, our Principal did not know that your contact data stated upon the conclusion of the contract have changed. It is a frequent problem, that for failure to update the address although our Principals attempt to notify the clients the letters return with the “addressee unknown” or “moved elsewhere” stamps. You must check by all means what the contact data for notices and actual contacts that you gave in the contract were.
We can update our data only from public data bases, therefore, we have the opportunity to ask for a residential address from the Ministry of the Interior, or for a phone number from the Telekom Information Service. If you want to find out more precisely from what source we have got your data, do not hesitate to contact our case managers. It is important to stress, that in the event that you inform them, that the phone number is not yours (e.g., it is used by your daughter, and then the number shall be deleted. The goal of our contacting you, however, in every case is to find the proper solution for closing down the claim.
According to the statutory provisions in force we record all conversations and store them for 5 years, and, if we are specifically asked to, then without any fee being charged therefor place them at your disposal. We can hand the recording over can be either personally or electronically. The conversation can be identified at any time based upon the phone numbers of the caller and the person called and the date and time of the call.
We do not have the opportunity to switch off recording for audio recording serves in every case the interests of the client. If you do not want to discuss with our colleague by phone, then you can communicate with him/her in writing or personally.
In this case you are kindly asked to send to the contact address shown in our letter, i.e., directly to our Principal, copies of the death certificate and the final estate distribution order. Based upon the documents sent, the claim may be revised.
Late interest: the amount of late penalty was regulated by Section 301 of the old Act on the Civil Code and by Section 6:48 of the new Act on the Civil Code for private persons and by Section 301/A of the old Act on the Civil Code and Section 6:155 of the new for enterprises. Section 293 of the old Act on the Civil Code or Section 6:46 of the new provides that in case that the obligor owes interest and costs, too, and the amount paid is not enough for the settlement of the entire debt, then first the costs, then the interest are to be paid of it, and the capital amount of the debt shall be the last to cover.
Lump sum collection costs: to be established based on Act IX/2016 (the Act on Lump sum Collection Costs). Its lower limit is EUR 40. It is a fee to be charged for B2B debts based upon invoices.
Management fee, collection fee: these two shall be defined based on Section 10.3.1. 6:154 of the Act of 2003 providing for the sanctions to be imposed in case of late payment by the obligor. By the fact that he or she failed to perform as set down in the contract and that his/her debt had to be given to a debt management firm for collection, the person in breach caused damage to his/her creditor, who can rightfully request the redemption of this damage.
Attorney’s costs: costs of the collection procedure launched because of the delay. Its payment is voluntary, however, if the remuneration of the attorney-at-law is not paid for then the Principal can institute a suit for indemnification, claim its amount, and ask late interest to be paid on it pursuant to Section 6:154 § (3) of the Act on the Civil Code and can enforce it by the help of warrant for payment. By paying the attorney’s costs the obligor explicitly authorizes our company to issue on him/her an invoice for the attorney’s remuneration and to record and control the obligor-principal’s data handed over as data processor.
