The state telephone company has an overdue portfolio, in the process of extrajudicial collection, for more than $232 million.
Since the beginning of 2022, the problems that the National Telecommunications Corporation (CNT) for collect their beads.
In mid-January, the state company suspended their coercive processes, because they were detected inconsistent data (including even cases of identity theft) in more than 37,000 clients, which appear in the records with debts of more than $116 million.
That portfolio with problems was generated between 2001 and 2021 and has caused the suspension of coercive has been extended until April 15, 2022.
Despite this, customers report that they continue to receive emails, messages and calls asking them to come to pay delinquent or pending accounts.
armored deals
According to the authorities of CNTthe collection procedures have not been paralyzed in the non-prosecuted cases, that is, in the so-called extrajudicial collections.
The problem with those cases is that the contracts signed by the state telephone company to receive this service they are not public and they are not hanging on the National Public Procurement System (Sercop).
LA HORA consulted this topic in the CNT and from the company replied that the hiring of law firms and external lawyers for management of extrajudicial collections It is done under the figure of commercial contract.
Under this figure, there is no obligation to publish the contracts in the state system of public purchases.
If you want to access the signed documents, the answer is “Yes, it is possible to access the full contract of extrajudicial charges, as long as there is a court order that provides for it, by formal requirement by a control entity or by private request prior authorization of the parties”.
In other words, these agreements, which are paid for with public money, are shielded and access depends on paying for a network of procedures. Meanwhile, it is not known how much they cost CNTwhat is asked of them and how are they paid? law firms and external lawyers.
Gaps that allow abuse
Ana Vaca, a small business owner, said that she has received emails from private Hotmail or Yahoo accounts demanding that she come to pay, as soon as possible, a pending account with CNT. They have even called distant relatives to demand that payment.
These types of customer complaints point to procedures for extrajudicial collections without clear rules, and in which no limits are established on the efforts of the external lawyers.
Román Hernández, researcher on issues of public procurementcommented that the regulations on state purchases have several loopholes that allow certain types of contracts remain in the shadows and it is not known how they are managed.
Currently, the past due portfolio extrajudicial on a national scale it amounts to $232,269,421. However, the current CNT administration disclaims responsibility for the conditions and parameters under which the agreements were signed. existing contracts from extrajudicial charges.
“The current administration of the CNT EP, under the General Management of attorney Ralph Suástegui, cannot issue a statement on the conditions in which these actions were carried out. hiringsince they were approved and signed by the Deputy General Manager at that time, through Resolution No. CNTEP-GG-0106-2019 ”, points out a response from the institution to LA HORA.
Millions at stake
In these circumstances, Hernández stressed that they remain unanswered as to how much the commission amounts to the law firms and external lawyersand why this type of services can be contracted by hand and outside the regulations of public purchases.
“The amount of the extrajudicial portfolio is very important. There are several million at stake. Therefore, full transparency should be required about what the state telephone company signed. CNT is involved in various problems and was even declared in institutional emergency in July 2021Hernandez stated.
LA HORA asked Sercop if there are limits to the use of commercial contracts, and in which cases their application is allowed. However, until the closing of this edition there was no response.
From CNTit was assured that at the moment a process of reforms of the internal regulations is being carried out, in order to carry out a “new call for lawyers and specialized companies for the management of collection”.
While that is happening, seven contracts signed between January and August 2020; and January 1, 2021. (JS)
What is the suspension of coercive collections for?
According to the National Telecommunications Corporation (CNT), the suspension of coercive processes, until April 15, 2022, has three objectives: Check that all processes have the documentary support for their enforceability; that the CNT EP archive adopt the necessary measures so that all documentation is available digitally; and that the instructions for Attention, Resolution of Claims and Return of Values, for Lack of Physical and/or Magnetic Documentation, and for Presumed Acts of Falsification of Signatures on the Documents for the Provision of Services of the CNT, be reformed.
If these irregularities are confirmed, the competent Coercive Headquarters, based on the corresponding reports, will nullify the process and the enabling documents that support the judicial execution and will lift the precautionary measures against the claimant.
Most of the claims for improper charges and even identity theft are concentrated in the province of Guayas.
