Poland - Ultimo - Decision of UOKiK
An investigation agency shall carry out background surveys in the workplace and the place of residence, furthermore it shall determine, by means of conversations held with neighbours and co-workers, the degree of fulfillment of financial obligations and reliability of the debtor – these are excerpts from demands for payment sent by Ultimo vindication agency. The President of UOKIK ascertained that those actions were aimed at intimidating debtors and exerting illicit pressure on them.
Proceedings against Ultimo company from Wrocław were launched in June 2013, following a complaint received from a consumer. Between the beginning of 2012 and the end of May 2013, the company sent out over 186 thousand vindication letters of intimidating nature. The Office analyzed the correspondence addressed to debtors. UOKIK’s doubts were raised by information included in the demands for payment providing that the investigation agency, at the request of Ultimo, would address the debtor’s employer and neighbours and determine, by means of conversations with neighbours and co-workers, the degree of fulfillment of financial obligations and reliability of the debtor. According to the President of UOKiK, the objective of such actions was to frighten, exert illicit pressure on the debtor and make him/her fearful of a possible deterioration of his/her opinion among the employer and neighbours.
The President of UOKiK established that the questioned actions taken by Ultimo violated collective interests of consumers. The undertaking committed itself to cease those actions and consequently it avoided the fine.
It was not the first time when the Office inquired about Ultimo’s operations. In 2007, the company was penalized for, inter alia, informing debtors on a possible intervention to be taken by Grupa Windykacji Terenowej (Field Intervention Group), which was to conduct vindication directly at their place of residence.
Assistance for consumers: Consumer Ombudsmen, Federation of Consumers, Association of Polish Consumers. Free of charge helpline: 800 007 707.