While the Act was making its way through the Dutch Parliament, a discussion arose as to whether repayment arrangements entered into with consumers in relation to debts that are already due and payable and do not originate from a credit agreement should be treated as credit. For example: an energy supplier offers a consumer who is in arrears on his/her monthly energy bills an arrangement for paying the arrears in instalments.

As a result of this discussion, the abovementioned explanatory memorandum was supplemented to make clear that the offering of a debt repayment arrangement in normal commercial transactions does not require the party doing so to obtain a licence. The memorandum gave the above situation of an energy supplier as an example of a normal commercial transaction. However, according to the same explanatory memorandum, a debt repayment arrangement will be subject to supervision if excessive charges are imposed. In the interest of clarity, these rules will be laid down in an amendment to the Exemption Regulation Wft (Vrijstellingsregeling Wft). This amendment has not been published yet.