Increased media activity by law firms, which, in our view, is designed to win new contracts, results in requests to secure the property claims of customers of Cinkicarz.pl Sp. z o.o., a company belonging to Conotoxia Holding. In many cases, however, the courts do not handle these requests correctly.
More and more law firms are encouraging Cinkciarz.pl's clients to use their services to address requests to secure property claims. We appeal to the courts to consider requests in a fair and thorough manner, as not all of them have grounds to be granted. The campaign against the Company by the Polish Financial Supervision Authority (KNF), law firms, and the media is causing an unjustified market panic to which the courts may be prone.
Among the examples of such situations (i.e. court action on the wave of media reports) is the recent security claim granted by the Appellate Court in Poznan, Poland. The case concerns the hacking into the account of one of the users of the Conotoxia web portal in 2018. The Public Prosecutor's Office in Zielona Gora, Poland, identified the perpetrator of this crime, who admitted to the act and filed an indictment in this case. According to the defendant's explanations, he found our customer's email address and access password online. It also emerged from the case file that the user had not protected his login data for the portal. Despite this, the court in Poznań ordered the seizure of Cinkciarz.pl's accounts (PLN 1 357 357.18), thus deciding that it is the Company which is to bear the risk of liability for the actions of cybercriminals. If we win the case, we will pursue all claims related to the effects of this seizure.
The emerging picture from the arguments of law firms is that the court's granting of security will protect the customer from the Company's possible bankruptcy. This is not true. Not only does the security consisting of the seizure of a bank account not safeguard against possible bankruptcy, but also it cannot be exercised during restructuring proceedings. In practice, a customer opting for such a path will incur court and bailiff costs. In turn, the security itself will be ineffective, complicate the customer's legal situation and lengthen the time it takes to complete other transactions. In addition, it happens that the same amounts are blocked several times in different bank accounts, deepening the problems and complicating the situation.
A more favourable solution seems to be a settlement agreement provided by Cinkciarz.pl. Signing it means acknowledging the debt, which significantly improves the customer's litigation situation in case of a possible later decision to take legal action against the Company. In addition, the settlement stipulates higher-than-statutory interest for the waiting period, which is an additional safeguard of the customers' interests. Above all, there is also no doubt that the settlement implementation period is much shorter than the average duration of court proceedings until a final judgment is obtained.
Management Board of Cinkciarz.pl