Assignee creditor, foreign banking company. Lack of authorisation to carry out debt recovery activities in Romania. Denial of forced enforcement

DREPT CIVIL ŞI PROCESUAL CIVIL

Abstract

In the present case, a check of the List of entities carrying out debt recovery activities published on the website of the National Authority for Consumer Protection shows that neither the assignee, which is indeed a banking company but based in Bulgaria, nor its representative, the assignor, which is a Romanian non-banking company, have been legally authorised to carry out debt recovery activities on Romanian territory, as the first court rightly held.

By the assignment of the receivable, the provisions of Article 70 para. 2 of GEO no. 50/2010 were not complied with, since the claim arising from the loan agreement no. [...] was assigned in favour of T.B EAD, which does not qualify as a creditor as defined in Article 7(5) of the same act.