Projet de loi modifiant la loi du 5 juillet 1998 relative au règlement collectif de dettes et à la possibilité de vente de gré à gré des biens immeubles saisis.
General information ¶
- Submitted by
- PS | SP MR Open Vld Vooruit Purple Ⅰ
- Submission date
- June 16, 2006
- Official page
- Visit
- Status
- Adopted
- Requirement
- Simple
- Subjects
- seizure of goods civil procedure indebtedness
Voting ¶
- Voted to adopt
- Vooruit Ecolo PS | SP Open Vld MR
- Abstained from voting
- CD&V LE N-VA FN VB
Contact form ¶
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Discussion ¶
July 6, 2006 | Plenary session (Chamber of representatives)
Full source
Rapporteur Koen T'Sijen ⚙
Mr. Speaker, colleagues, after a short debate in the committee on this bill, it was decided to deal with it without hearing. However, it was agreed at the proposal of Commission President Paul Tant to hear creditors after the summer holiday for a new financing scheme for the Fund to combat excessive debt burden.
Following this issue, the Minister of Consumer Affairs gave a presentation and the Fund for Combating Excessive Debt Load plays, as you all know, an essential role in the framework of collective debt settlement. This Fund pays out the honorary wages of the debt intermediaries in so far as they are not paid by the applicant- debtor.
The fact that the debt intermediaries have the guarantee that they are paid means that they can perform quality work. This is in the interests of both debtors and creditors.
However, the Fund is facing a shortage of resources. This is mainly due to the increasing number of files. According to the Central for Loans to Private Persons, the number of notifications of admissibility to the collective debt arrangement has increased by more than a fifth from 2004 to 2005.
One of the consequences is that the Fund no longer has the resources to carry out any of its other tasks, in particular taking information and awareness-raising measures. In order to cover this deficit, it is proposed to realize an additional fundraising this year.
Collega Pieters noted, among other things, that the government, by the law of 13 December 2005, extends the condition of access to the Fund for the payment of debt intermediaries. This is also one of the reasons for the increased demand for the Fund.
Currently, the Fund is financed by banks and natural or legal persons providing consumer loans. Collega Pieters noted that the Fund also benefits other creditors without, however, having to contribute to the Fund’s financing. She therefore wondered whether it is justified that only credit institutions should tighten the Fund. Also colleague De Meyer stated that utility companies, such as telephone companies, should contribute to this Fund.
In her response, the Minister therefore emphasized that other parties should contribute.
Colleagues Pieters and De Meyer asked for urgent work on prevention and awareness. The Minister replied that the government has decided that 300,000 euros of the additional fundraising will be used for an information campaign. In addition, preventive and curative measures were also taken, such as the revision of the Consumer Credit Act and the establishment of a positive credit central. The law on the collective debt regulation is therefore important as a closing point in this context, the minister stated.
Col. De Meyer also pointed out the sometimes poor quality of the debt mediators and in particular the private mediators. Collega Hove noted that for the year 2005 there are quite a few differences in terms of the use of the fund between the arrondissements. The Minister replied that this is another consequence of the existing law on collective debt settlement, which does not contain objective criteria determining whether or not the fund can be used. Therefore, objective criteria are necessary and will also be included in the law.
The entire draft was adopted with 9 votes for and 2 abstentions.