Reporting a debtor
To report the details of an indebted person or entity to the economic information bureau, i.e. ERIF register of debtors, the conditions laid down in the Act of April 9, 2010 on Disclosure of Economic Information and Economic Data Exchange must be satisfied. The provisions of the Act specify which entities may be reported to the economic information bureau database and how to correctly report details to the Economic Information Bureau.
Consumers, sole traders, legal persons or entities without legal personality obliged to the creditor in the course of their business or legal relationship (Article 2 section 2 item 2 letter a, b of the Act) may be reported to the database of ERIF BIG S.A.
The Act specifies three basic modes of communication in respect of payments in arrears, as defined in Article 14-16. Each of these modes requires that certain conditions be met by the creditor, so that the disclosure of information proceeds in a legitimate manner:
Checking information in ERIF BIG S.A.
Retrieving data from the economic information bureau is recorded in the Register of Queries to which entities concerned by the information disclosed are legally guaranteed access. In this way, they can check who they were verified by and what information was obtained from the database in ERIF BIG S.A. The user of the IT system in ERIF BIG S.A. has access to the history of its queries made from its own account in the system and can download a generated verification report.
Reports are available for 90 days from the date the check in the database was made. Older reports are visible on the list of operations only as a record indicating the check made.
In the case of information relating to individuals involved in business activities, legal persons and organizational units without legal personality – economic information is publicly available and can be downloaded by anyone. To check the information relating to a consumer- in accordance with the legal regulations – authorization from a consumer to apply to the bureau for disclosure of economic information about it must be obtained. The authorization is valid for 30 days from the date is was granted.
A check in the ERIF System is confirmed by a report which contains information on the entity or the consumer:
- a negative report – outstanding liabilities of the entity checked;
- a positive report- liabilities met by the entity checked in a timely manner.
The report is available online and as a PDF file for download.
Removing a report from ERIF BIG S.A.
A negative report can be removed from ERIF BIG S.A. or the disclosure of the information may be withheld at the request of the creditor who submitted the report.
Removal or cessation of disclosure may also occur in the following cases:
The debt has been paid
If the debt has been paid, the creditor who submitted the report to ERIF BIG S.A. is required to update the information, i.e. to submit the payment information to ERIF BIG S.A.. If the debt has been paid in full, ERIF BIG S.A. ceases to disclose information concerning that financial obligation. From this point, such information may be processed for statistical purposes only to the extent specified in the Act.
The financial obligation has been assigned
If the obligation is assigned to another entity, the assignor (the original creditor) should provide information to the Register of the assignment of receivables. In this case, the assignee (the secondary creditor) may report to the bureau within 14 days in order to update the information in respect of the creditor. Otherwise, the information will be removed from ERIF BIG S.A.after 14 days.
A complaint – an unsubstantiated report in ERIF BIG S.A.
Anyone who can prove that the information about him/her which has been reported to ERIF BIG S.A. is out of date, incomplete, inaccurate or has been provided or stored in violation of the Act, may directly demand that the creditor who submitted the report to ERIF BIG S.A. update, correct, supplement or delete it. Such a person may also make a complaint to ERIF BIG S.A. A contact form available at www.erif.pl needs to be filled in and the “Complaint” topic selected. All complaints will be dealt with in accordance with the relevant procedures set out in the Data Management and Consumer Service Rules.