In the case of an assignment , a creditor transfers the claim to a contracting party, who then becomes the creditor. The assignment is a disposal transaction based on a commitment transaction. This can be a donation, a sales contract or other contractual arrangements. The original creditor is also called Cedar, the new one referred to as the assignee. Once the assignment has been completed, the cedant loses the right to seek the debtor’s debt. This right then has the assignee. According to the law, the so-called accessory securities ordered for the claim, such as liens, mortgages or guarantees, also go to the assignee. Basically every claim can be assigned, but there are exceptions. These include highly personal claims such as leave entitlement, pension or maintenance claims, claims that relate to a special trust relationship, claims in which an assignment, by agreement with the debtor, has been excluded, unrecoverable claims and legally prohibited claims assignment as under §§ 473, 717 Civil Code.

Assignment

The assignment agreement is free of form and is valid even if the claim relates to a contract that is formally required. It is not necessary for the debtor to participate or receive any information. This is a silent cession. An exception is declared under § 42 (2) of the Tax Code.
An assignment may also take the form of a sale of the claim. As a result, the cedant can become liquid again in the short term. An assignment can also be used as a form of credit insurance, for example, when disbursement claims of corporations, life insurance claims or salary claims are assigned to a bank. If this form of assignment is chosen, the bank will be paid the insurance claims as soon as the customer is no longer solvent.
If it is an open cession, the debtor is informed about the upcoming assignment. The payments to be made are then only to be made to the assignee. Usually the open assignment is especially with life insurance.

There is also the assignment of future claims, such as the global assignment or the extended retention of title. However, it is a prerequisite that the claim is exactly designated or at least to be determined.

If an assignment is agreed, an assignment agreement is signed, which both creditors sign. There are no formal requirements, but they must be in writing.

 

 

 

BIK is something that scares a lot of people. Is it worth avoiding it so much? What impact does it have on everyday life?

BIK is something that scares a lot of people. Is it worth avoiding it so much? What impact does it have on everyday life?

 

BIK is the Credit Information Office. In fact, it is an institution or rather a register of all people who have or have had a credit obligation. If someone takes a loan, loan or buys something in installments, then he goes to BIK. This is done automatically and helps banks know who has what load. However, it is not the burden itself that interests them, but whether these obligations are repaid. If we pay off debts, no one will admit us because banks are not interested in so many installments, only the fact whether there are no arrears in repayments.

What if the installments are not repaid?

What if the installments are not repaid?

First of all, this is information for the bank that such a person is completely unreliable and certainly no bank will give credit or any installments. BIK is information that banks do not grant credit to someone who, despite their considerable creditworthiness, does not pay any liabilities.

And what if we are not at BIK at all?

And what if we are not at BIK at all?

Many people think that if they are not at BIK, they will get a loan faster because they do not have any burdens. Nothing could be more wrong. For the bank, this means that the person has not been checked by anyone and is more unreliable than someone, he does not always pay the installments on time. The consequences of such BIK avoidance are often unpleasant for us, because if necessary, when a loan is needed very much, no bank will help, because it does not know whether we will pay the installments. Therefore, if we are able to buy something in installments or take a loan, it is worth using it and building your own credit history. It is worth knowing that non-bank loans do not count towards BIK. Only debt in banks counts or installment, which is also provided by banks.

 

 

 Inconsiderate borrowing of fast cash loans that are so popular in Poland can lead to serious financial problems. The debt loop will tighten on our neck if we consciously and “head off” do not plan our expenses and we will not check the credit offer exactly, as well as the contract that the lender will give us to sign. It is not an art to incur several or even several thousandth credit. The trick is to borrow responsibly. It is worth going to an institution which in its activities is guided primarily by the principles of responsible lending.

It does not mean responsibly quickly

It does not mean responsibly quickly

Responsible lending is a very popular business strategy currently used by financial institutions operating both on the banking services market and consumer loans of the non-banking sector. Of course, not all companies in the financial sector, especially those from the fast cash loans sector, operate in accordance with Polish law and apply a responsible lending strategy in their operations.

The full, transparent and comprehensive information provided by the financial institution regarding the privileges and obligations arising from the cash loan agreement, including the amount of the loan it can receive, the duration of the contract and all related costs should be extremely important for the borrower.

The consumer must be given the opportunity to contact the lender at any time in order to dispel any doubts before and during the contract being signed. This is especially important for currently popular loans over the internet.

– Responsible lending should be a priority for all undertaken and implemented organizational and financial undertakings of financial institutions operating on the Polish consumer loans market – convinces the expert of MiniCredit , an international financial company operating for years in the cash loans sector https://www.mini-credit.pl. – Granting financial obligations should be done in accordance with and comply with legal provisions applicable in the Republic of Poland, as well as in the interest of ensuring the highest standards of customer service – he adds.

Financial lustration

Financial lustration

A company providing a cash loan should carefully verify the creditworthiness of a potential borrower, preferably using information obtained eg in the Economic Information Office (BIG) or Credit Information Bureau (BIK). Credit should not be granted to people whose financial situation prevents them from paying their financial liabilities on time. Each client should receive comprehensive information about why his loan application has been negatively evaluated. This kind of activity also fits into the strategy of responsible lending.

So dear reader, if you are planning to take out a cash loan in one of the financial institution operating in our market, check whether it uses the strategy of responsible lending. This can save you from unpleasant financial consequences in the future. Come responsibly!

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Currently, many banks and payday loan companies offer loans along with insurance. Not infrequently for insurance is also a condition for receiving money. Insurance policies offered with payday loans are usually life policies whose purpose is to protect the borrower in the event of problems with repayment of the loan . They concern the situation of job loss, illness that prevents repayment of installments, and death. But what if the borrower’s death occurred and the loan was not insured?

Loans and payday loans do not expire automatically upon the death of the borrower. This applies to both short cash loans in banks, non-bank payday loans, as well as mortgage loans for purchase of a flat or construction of a house. Of course, a greater danger occurs when an installment loan or a mortgage loan has been drawn for a very high sum and for a long period.

When a loan or payday loan was insured in the event of the client’s death, then the satisfaction is covered by the policy. But what happens when the insurance has not been signed?

Uninsured loan for consumption – who has to pay it back?

Let’s focus here on cash loans usually made for various types of shopping. If a cash loan is taken for consumption purposes, which is usually not secured, then upon the death of the borrower the obligation to repay falls on the heirs. The lending institution then terminates the contract and the consequence is that the institution satisfies the assets left by the borrower.

If the borrower took out a loan as a spouse, then the gratification takes place on the joint property, but this is only when the deceased debtor has taken the loan with the consent of his spouse. In the opposite situation, the debt passes on relatives who can accept or reject such a decline.

Loan in the fall

It is worth to point out the issues related to accepting the inheritance. At the moment of the borrower’s death, an inheritance is opened on the basis of a will written by him or on the basis of currently applicable legal regulations, on the basis of statutory inheritance. The heir may both accept and reject the inheritance.

In the case of rejection of the inheritance completely, the heir is not responsible in general for inheritance debts. Of course, he does not inherit both debts and other elements of inheritance, for example home, car, money. The heir may also take a direct fall, i.e. without any limitation of liability – he is then obliged to pay off his debts with his property. The third option is to accept the inheritance with limited liability, i.e. with the benefit of the inventory. This limits the liability of the heirs for debts to the value of the inheritance received.

Therefore, in the worst case, the heir will not gain anything, because the inherited property will go into debt repayment, and in the best case it will gain if the estate is still in possession of the inherited debt.