Decision No. 59/1 of 9 December 2025 on the Preliminary Application Submitted by Mr [...] Representing Ms [...] Against CNPF Letter No. 04-5/3235 of 04.08.2025

REPUBLIC OF MOLDOVA NATIONAL FINANCIAL MARKET COMMISSION 77 Stefan cel Mare si Sfant Blvd, Chisinau, MD 2012, tel: (373 22) 859 401, www.cnpf.md, e-mail: office@cnpf.md

DECISION 9 December 2025 No. 59/1

On the Preliminary Application Submitted by Mr [...], Representative of Ms [...] Against CNPF Letter No. 04-5/3235 of 04.08.2025

On 28.08.2025, within the National Financial Market Commission (CNPF/Authority), the Preliminary Application (Application) was registered (No. 6413), submitted by Mr [...], representative of Ms [...] (consumer), requesting:

"1. The full annulment of administrative act No. 04-5/3235 of 04.08.2025 – 'Re: completion of the administrative procedure, initiated by the petition of Ms [...]', issued by CNPF, as being illegal. 2. The establishment of the violation by OCN 'Cash & Go' SRL of the provisions of Art. 15 para. (7) of Law No. 202/2013 on consumer credit contracts, in relation to the consumer [...], upon the conclusion of Consumer Credit Contract No. [...]. 3. To prescribe 'Cash & Go' SRL and the assignee IM 'Incasso' SRL the application of Art. 15 para. (9) of Law No. 202/2013 on consumer credit contracts in relation to debtor [...] within Consumer Credit Contract No. [...] namely, the prohibition of claiming and collecting amounts exceeding the disbursed sum according to the credit contract in the amount of 3000.00 lei. 4. To inform us about the result of the examination of the preliminary application at address [...] or at email address – [...].".

In this case, to ensure a comprehensive, objective, and transparent investigation that offers the real possibility of analyzing the consumer's claim, communication is made regarding the examination of the relevant factual and legal circumstances of the case, in advance, by different executors within the CNPF.

In fact, on 29.04.2025, within the CNPF, the petition submitted by [...], representative of [...], was registered (No. 3185), requesting CNPF intervention regarding the legal relationship between OCN 'CASH & GO' SRL (Creditor) and the consumer based on Non-bank Credit Contract No. [...] (Contract).

Subsequently, following investigations carried out by the Authority, taking into account the lack of cooperation of the participant in the administrative procedure as well as the impossibility of the Authority to express itself in the absence of relevant evidence, by CNPF Letter No. 04-5/3235 of 04.08.2025, under Art. 78 para. (1) of the Administrative Code, the consumer was informed about the completion of the administrative procedure.

Not agreeing with the response provided by CNPF, the consumer submitted the Preliminary Application with the requests stated above.

In order to elucidate the factual circumstances comprehensively, under the arguments stated in the Preliminary Application, the CNPF, in advance, undertook a series of operations. Thus, considering that the case materials attested to the transfer by the creditor of the right to perform the recovery of the debt to IM 'INCASO' SRL, by the Disposition of the President of CNPF No. 947 of 08.09.2025 regarding the ex officio attraction of IM 'INCASO' SRL into the preliminary procedure, initiated by the Preliminary Application submitted by Mr [...], representative of Ms [...], and the suspension of the preliminary procedure, IM 'INCASO' SRL was attracted into the preliminary procedure, being requested, by CNPF Letter No. 06-5/3639 of 10.09.2025, to provide information regarding the sum that, based on the Service Provision Contract, was to be requested from the consumer, in order to ensure the extinguishment of obligations towards the creditor. At the same time, the term of the preliminary procedure was suspended until 15.09.2025 inclusive. In this case, no response was received from IM 'INCASO' SRL within the offered term.

Given the non-presentation of the requested information, as well as the impossibility of anticipating the non-compliance by the participant with its obligations to provide materials, by the Disposition of the President of CNPF No. 972 of 16.09.2025 regarding the extension of the term of the preliminary procedure, initiated by the Preliminary Application submitted by Mr [...], representative of Ms [...], and the repeated suspension of the preliminary procedure, the preliminary procedure was suspended, repeatedly, for a term of 5 days, until 21.09.2025 inclusive, with the consecutive request for the provision of the necessary information.

At the same time, arising from the complexity of the object of the preliminary procedure and, taking into account the imperative of carrying out complete investigations, which implies time for the meticulous examination of the case materials and the formation of objective and motivated conclusions, in order to ensure the principle of good faith of the public authority in managing terms, by the aforementioned Disposition, the extension of the term of the preliminary procedure by 15 days was ordered, applying Art. 60 para. (4) of the Administrative Code, which establishes that, '(4) For justified reasons related to the complexity of the object of the administrative procedure, the general term may be extended by at most 15 days.'.

Subsequently, on 19.09.2025, a letter No. 2509170667 dated 17.09.2025 (registered at CNPF with No. 6934) was received from IM 'INCASO' SRL, from which it results that the file related to Non-bank Credit Contract No. [...] was returned to 'CASH & GO' SRL. Accordingly, IM 'INCASO' SRL would be unable to provide the requested information.

Thus, arising from what is stated in the aforementioned letter and considering that the file related to the Service Provision Contract was returned to the creditor, by the Disposition of the President of CNPF No. 1035 of 02.10.2025 regarding the ex officio attraction of 'CASH & GO' SRL into the preliminary procedure, initiated by the Preliminary Application submitted by Mr [...], representative of Ms [...], and the suspension of the preliminary procedure, 'CASH & GO' SRL was attracted into the preliminary procedure, being requested, in this way, to provide information regarding the exact sum requested from Ms [...], in order to extinguish obligations based on the Service Provision Contract. At the same time, the term of the preliminary procedure was suspended until 09.10.2025 inclusive.

Within the aforementioned term, 'CASH & GO' SRL did not present certain explanations and/or documents requested by CNPF Letter No. 05-5/3959 dated 03.10.2025.

In this case, it should be noted that the Preliminary Application contains allegations regarding the insufficiency of the Authority's intervention means within the administrative procedure. In this sense, in advance, CNPF appreciated the necessity of undertaking all measures that can be anticipated to obtain information from the creditor.

As a result, by CNPF Letter No. 06-5/4121 dated 16.10.2025 (sent by post to address: [...]), the repeated request was made for 'CASH & GO' SRL to provide information regarding the exact sum requested from Ms [...], in order to extinguish obligations based on the Contract. It is noted that the repeated request of the Authority remained unanswered, and hindering it in the exercise of its supervisory duties constitutes a contravention.

At the same time, considering the lack of responses from 'CASH & GO' SRL to CNPF addresses, including within other administrative procedures, CNPF requested the Public Institution 'Public Services Agency' (ASP) and the State Fiscal Service (SFS) by letters No. 06-4/4119 dated 16.10.2025 and No. 06-4/4120 dated 16.10.2025, to communicate whether any notification from 'CASH & GO' SRL regarding the modification of the legal address had been received by them. In the same vein, it was considered necessary to request the presentation of data regarding the existence of current communication with this company and the address used in correspondence, to verify if it coincides with the address held by CNPF.

Thus, by the Disposition of the President of CNPF No. 1074 of 13.10.2025 regarding the suspension of the preliminary procedure, initiated by the Preliminary Application submitted by [...], representative of [...], the term of the preliminary procedure was suspended until the presentation of the information requested by CNPF from ASP and SFS.

Respectively, on 23.10.2025, and subsequently on 26.11.2025, the requested information was received from ASP and SFS (registered at CNPF with No. 7721 and, respectively, with No. 8503).

Analyzing the responses received from ASP and SFS, it is noted that 'CASH & GO' SRL did not notify the modification of the legal address, and in the State Register of legal persons and individual entrepreneurs, no such modification is registered.

In law, according to Art. 19 of the Administrative Code, 'The Preliminary Application is the institution that offers a pre-judicial path for the resolution of administrative disputes.', and, in accordance with the provisions of Art. 162 para. (1) and para. (3) lit. a) and lit. b) of the same law, '(1) The preliminary procedure aims to verify the legality of individual administrative acts.[...] (3) The Preliminary Application may be directed towards: a) the full or partial annulment of an illegal or null individual administrative act; b) the issuance of an individual administrative act.'.

In accordance with Art. 20 of the Administrative Code, 'If a legitimate right or a liberty established by law is violated by an administrative activity, this right may be claimed through an administrative litigation action, [...]', and according to Art. 17, 'A violated right is any right or liberty established by law to which an attack is brought by administrative activity.'.

Under the conditions of Art. 166 of the Administrative Code, 'The Preliminary Application may be submitted only if the person claims their rights violated by the issuance or rejection of the issuance of an individual administrative act.', and, in accordance with Art. 167 para. (1) of the same law, '(1) If the public authority considers the preliminary application admissible and well-founded, it annuls the contested individual administrative act in full or in part or issues the requested individual administrative act.'.

In this case, Art. 78 para. (1) of the Administrative Code establishes that '(1) The administrative procedure is finalized by carrying out an administrative operation or by issuing an individual administrative act, namely the conclusion of an administrative contract.'.

At the same time, according to Art. 15 of the Administrative Code, administrative operations are defined as '[...] manifestations of will or activities of public authorities that do not produce legal effects per se. Administrative operations can only be contested concurrently with the individual administrative act, with the exception of executive administrative operations or those directed against a third party.'.

Thus, it is essential to administrative operations that they do not produce legal effects. The lack of legal effects of administrative operations implies the lack of coercive character and the fact that they do not create, modify, or extinguish a legal relationship or rights and obligations of the parties to the legal relationship, or, in the case of the completion of administrative procedures, administrative operations, similar to the one in this case, constitute only a factual exposition.

On the subject, from the systematic interpretation of both Art. 17 and Art. 166, as well as Art. 20 and Art. 207 of the Administrative Code, it results that the admissibility of a preliminary application is determined by the claim of a violated right through administrative activity.

In this case, the contested act does not reveal rights or obligations of the consumer. Accordingly, the Preliminary Application does not fall within and does not justify the existence of a violated right, as the latter is absent due to the lack of the binding effect of the administrative operation on it.

At the same time, contrary to what was invoked by the consumer, within the limit of legal competence, CNPF undertook investigation measures within the limits of their accessibility, in order to administer the necessary evidence and to verify the incidence of Art. 15 para. (7) and para. (9) of Law No. 202/2013 in force at the date of signing the Contract.

Thus, in accordance with Art. 85 para. (2) and para. (3) of the Administrative Code, '(2) Within the investigation of the state of facts, participants in the administrative procedure are obliged to cooperate with the public authority and to indicate the evidence and facts known to them, to present the documents they possess. (3) The public authority must establish ex officio the factual aspects of the case that is the object of the procedure, without limiting itself to the evidence and statements of the participants. For this, the public authority establishes the purpose of the necessary investigations and their nature.'. At the same time, Art. 92 para. (1) stipulates that, '(1) The public authority decides according to its free conviction if it considers a fact as existing, taking into account the entire administrative procedure, including all evidence.', and in accordance with Art. 93 para. (1) '(1) Each participant proves the facts on which they base their claim.'.

Complementarily, given the norms presented above, analyzing the provisions of the Contract as a whole but also specifically point 3.7 of the Contract, which provides that 'in case of violation of the repayment term provided in point 5.1 of the Contract, the total sum of interest for the use of the credit indicated in point 3.1 of the Contract and of the late interest (penalty) specified in point 3.6, requested by the creditor, cannot exceed the total sum of the credit indicated in point 2.3 of this Contract', it is attested that, in accordance with contractual provisions, the creditor ensured compliance with Art. 15 para. (7) in force at the date of signing, which provided that 'the application of any payments, including interest, commissions, taxes, penalties, late interest, and any other type of payments, related to a consumer credit contract [...] whose total value exceeds the disbursed value according to the respective contract is prohibited.'.

Consequently, by CNPF Letter No. 06-5/4633 of 27.11.2025, in accordance with Art. 94 of the Administrative Code, the consumer was informed of the right to be heard in writing, by this means being requested to present, until 08.12.2025 (inclusive), any confirmatory documents or means of evidence that would demonstrate that, in relation to the consumer, sums were claimed that would exceed the limits provided by law, or other useful information for establishing the state of facts, being, at the same time, invited to express themselves on any other aspects they consider relevant for the examination of the case.

In this case, no response was received from the consumer within the term granted by the Authority.

At the same time, by the Disposition of the President of CNPF No. 1190 of 26.11.2025 regarding the suspension of the preliminary procedure, initiated by the Preliminary Application submitted by Mr [...], representative of Ms [...], the term of the preliminary procedure was suspended until 08.12.2025.

Thus, in the absence of the presentation of the information requested by the participants, the Authority cannot be guided by the presumption of violation of legal norms, as long as on the merits there is no minimum evidence to contradict the capping clause in the contract and to prove the exceeding of the thresholds prohibited by law, which is why the preliminary application should be rejected as insufficiently proven, the utilization of the consumer's support remaining conditioned by the presentation of justificatory documents that clearly highlight the exceeding of the legal capping limit.

From the considerations recorded above, under Art. 18 para. (3), Art. 20 para. (1), para. (6), para. (7) and Art. 22 para. (3) of Law No. 192/1998 on the National Financial Market Commission, Law No. 202/2013 on consumer credit contracts, Art. 17, Art 19, Art. 162 para. (1) and para. (3) lit. a), Art. 166, Art. 167 para. (3) and Art. 169 of the Administrative Code and points 16 and 19 of the Regulation on the organization and functioning of the National Financial Market Commission (CNPF Decision No. 57/11/2022),

The National Financial Market Commission DECIDES:

1. The Preliminary Application, submitted by Mr [...], representative of Ms [...], regarding the contestation of the letter of the National Financial Market Commission No. 04-5/3235 of 04.08.2025 regarding the completion of the administrative procedure, initiated by the petition of Ms [...] (registered at CNPF with No. 6413 on 28.08.2025), is rejected.
2. The Legal Department will ensure the initiation of the corresponding legal procedures, according to the competencies established by the Contravention Code, in relation to 'CASH & GO' SRL taking into account the non-presentation by it of the information requested by CNPF.
3. The control over the execution of this Decision is placed on the Legal Department.
4. This Decision may be contested with an administrative litigation action submitted to the Chisinau Court, Rascani seat (MD-2068, Chisinau, Kiev 3 St), within 30 days from the date of its communication.
5. This Decision enters into force on the date of adoption, is communicated to the recipients according to legislation, and is published on the official website of CNPF (www.cnpf.md).

Dumitru BUDIANSCHI, PRESIDENT