Petition is addressed to: Petitionsausschuss des Europäischen Parlaments

The petitioner represents her son living and working in Spain in whose name she contracted a mortgage loan in 2007 to purchase a real estate property in Bulgaria. She describes the proceedings with the bank, the plan for payments, the interest rates and she alleges irregularities. Stating delays of payment, the bank issued an order for payment and obtained a writ of execution and an enforcement order. The petitioner alleges that the writ of execution against her son was issued without an order granting the application for a writ of execution and without official examination by the court of allegedly unfair terms in the credit agreement. The procedure was contested by the debtor within the two-week deadline. The District Court in Sofia allegedly did not carry out ex officio examination, and the debtor’s appeal was rejected by the Court. In the meantime, the property purchased with the mortgage has been sold at a public auction. The petitioner claims that the EU law has not been properly applied and that there is a lack of effective control over banks and bailiffs, although the Bulgarian authorities have been asked repeatedly to remedy this situation and some amendments have been made to the Civil Code of procedures. The petitioner asks also to set up a mechanism to compensate victims for the damages suffered because of the unlawful application of such orders for payment and enforcement procedures.