Cost of debt is often too high: Wik law collection costs

Miscellaneous joon3177 July 25, 2016 78 22
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The reminder costs and collection costs of a collection agency are high and sometimes redundant. Yet everyone forgets sometimes to pay a bill. Sometimes there is defaulted. Therefore, the question of which costs at a debt collection are allowed. Think of a loan or rent arrears. Often the collection costs prove simply too high. There is a special sliding scale for collection costs and a new incassowet 2012 Wik assumed that the height of the extrajudicial collection costs in 2014 and 2015 to be precisely controlled. This law applies from 1 July 2012. Minimum pay 40 euros. Once a payment has expired, you as a consumer after a written reminder at least 14 days to pay the bill no extra cost.

Collection costs are often too high

Who forgets his account to pay for the water or the electricity bill, the risk of significant additional collection costs. Including cost of the reminder can be a water bill for three decades soon rise to 95 euros and you have to be not even talk of willful default. If you can not come out with the agency, there will be by the collection agency must be a bailiff or a lawyer to be able to take further action. A collection agency may itself not seize your property. Come immediately motivated and written into action and defend you. Therefore challenges the case if you can do that motivated. When it comes to justice because your defense must be included in the summons.

Court notes some collection costs down

What you do see is that there is sometimes wrongly collection fees are charged or collection costs which are rejected by the court. Some examples are:
  • In the action were all collection costs and the collection agency makes another step further.
  • If the claim is disputed and it is immediately clear that you will not pay. The creditor will then have to immediately take action and not cost accumulate costs.
  • If the action could also have been included in an earlier proceeding, once the claim was payable.
  • When the construction of the additional costs of the plaintiff are unclear.

Guidelines cost of debt in 2010, 2011 and 2012

The tame that was arranged on such a collection in the law until recently nothing, even though they often are perceived as unjust high. Therefore wielded the judges in our country a common tier II report which was approved and widely accepted for debts up to July 1, 2012:
And so on. So a doubling of the maximum collection fees. At a water bill of 30 euros is permitted a maximum of 37 euro cost of the collection. That includes VAT amounting to 44.03 euro exclusive of any handling fee of 25 euros. Still much in proportion, but these are all good collection costs. It's not that the company and the collection agency may bring both these amounts charged.

National Organisation for Social Raadslieden

The National Organization Social Counselors, LOSR, the collection costs in our country mapped out and came against outliers from 277% to 333% excess costs charged. Moreover, proved creative in raising debt to another collection drive. For instance, a collection of 501 euro significantly more than a collection of 499 euros.

Advice LOSR

The opinion of LOSR is to object at high costs and offer to pay the principal sum, including interest. Look what is coming out with a proposal to pay the principal plus the statutory interest. If threatened to shut down your water or energy, you might count your buttons better than going to court. Cost of closure and reconnect are often too expensive, you will also have no provision in the meantime. All in all an uncomfortable situation so, with power primarily rests with the company.

Up to 15% of the amount due

A collection agency that is affiliated with the NVIO uses a maximum cost of 15 percent of the debt. Higher costs will not be charged to the debtor. Moreover that a debtor must have received at least two reminders to the debt amount, before the collections is forced place.

Legislation as the cornerstone

The Minister of Justice promised the House to bring forward additional legislation. This has become the incassowet 2012. The fee for collection costs is calculated as a percentage of the amount that the debtor to the creditor is owed, with a minimum of 40 euros. For example, no more than 150 euros in collection fees may be charged as an expense of € 1,000 has been paid.

New incassowet 2012 Wik, the decision compensation for extrajudicial collection costs in 2014 and 2015

The new incassowet 2012 in April 2011 been approved by the Lower House on March 13, 2012 by the Senate. The key is that collection agencies may charge no more haphazard and calculate the minimum amount is 40 euros. For claims up to an amount of 25,000 euros, the following percentages:
  • 15% of the amount of the principal amount of the claim in the first ?? 2500;
  • 10% of the amount of the principal of the debt over the next ?? 2500;
  • 5% of the amount of the principal of the debt over the next ?? 5000;
  • 1% of the amount of the principal of the debt over the next ?? 15,000.

These costs may be placed two weeks after a reminder charge. That two weeks is a deterioration, because without you purchased this law could get a final notice and the collection agency collecting activities should have done. But if you then still pay within two weeks, no collection costs should be calculated. The collection costs could eventually reach up to 6775 euro. The new rules apply to claims from July 2012.
sample calculation collection costs
If there is a claim of 5,000 euros, the collection costs amount to 15% of 2500 euros plus an additional 10% or 625 euros.

Other collection costs

Gives a creditor the recovery of a bill in the hands of the collection agency, this agency may not charge extrajudicial costs in addition to the administration. Other costs that you may be facing are:
  • Administration. These are the costs which a creditor applies for reminder. The combination of administrative and non-legal costs should not.
  • Fees. These costs may be incurred as a collection agency requests information from another as with the municipal administration or Chamber of Commerce. A bailiff may these file charges if he plans to sue you.
  • Settlement Charges calculated if you take a payment.
  • Office and administrative costs of setting up a file, such as postage and copying costs.

  • Lock

    Do not let it come to a collection, because the costs can be high. On the other hand, if you do not agree with the collection, you should contact as soon as possible with the collection agency. The stabbing head in the sand does not help. Consultation or settlement often. In addition, it is much cheaper.
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