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  #21  
Old 28.11.2015, 08:38
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Re: Contract Breach: Not Paid by For Work from Other Country

Having had some dealings with late payers, it sounds like they're wriggling and trying to muddy the waters. That might mean they're open to offers.

I would write them a suitable worded letter (if this was the UK, I'd include "without prejudice" in it), offering to waive the 10% if they'll settle the original debt within 30 days. Otherwise you'll have no choice but to chase it through the legal system - which will cost them quite a bit. I did this with a contract under UK law and got a cheque by return of post - that didn't bounce either!

If they settle you save all your fees and the risk of losing. You've also not really lost out financially as interest rates aren't massively high at the moment. It's better to get some money and walk away than fret about how much you could have won. It's the cost of doing business.
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  #22  
Old 28.11.2015, 15:23
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Re: Contract Breach: Not Paid by For Work from Other Country

Thanks NotAllThere for your comment. They indeed want to pay 2/3 of the amount that was originally open 5! years ago. The problem that they want to pay it only starting next year as a new agreement (forgetting about old debt) and in 12 instalments, which seems risky as knowing them they might want to go bankrupt till the next year but not to pay dues. If they wanted to pay they wouldn't put it to the next year, but started paying now. They already offered me a 'work-for-free agreement' 5 years ago which I didn't accept of course.
So I don't want any new agreements with them.
But considering we had 10% interest agreed it will be till now 50% more to pay. They clearly say they don't want to pay interest which is what they must do now as it went through Debt Enforcement Proceedings.
One more thing that when you sent a Debt Enforcement form to Debt Collection Office you have to convert all the amounts to CHF which was 40% higher (the contract was in EUR) 5 years ago. So in total if I understand it correctly and they now have to pay it in CHF it will be about 100% more + expenses on lawyers.
The lawyers for them is easy part because the current owner of the company has a law firm. But they still offered to settle everything amicably.

They have to pay dues as the legal system requires, though I would be happy to forgive them 10% (last year interest), but this is not what they want. They want 50-60% to be forgiven.
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  #23  
Old 28.11.2015, 15:27
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Re: Contract Breach: Not Paid by For Work from Other Country

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OK so after 2 years you pick up where you left off

Swiss lawyers don't do flat rate, they charge you by the hour, every hour, for every phone call even asking how much it's going to cost.

Without knowing what response the other party will give, you can't put a time limit.

Swiss courts like compromise, don't expect to get all your costs.

If the company has no money, you won't get a cent.

Thanks fatmanfilms, that's bad news.
But okay, I will be more prepared now.
I've read somewhere that first hour of consulting lawyer is free (to interest person).
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  #24  
Old 28.11.2015, 15:58
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Re: Contract Breach: Not Paid by For Work from Other Country

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Thanks fatmanfilms, that's bad news.
But okay, I will be more prepared now.
I've read somewhere that first hour of consulting lawyer is free (to interest person).
The Swiss court will never accept a late payment interest rate of 10%, it's much too high.
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  #25  
Old 28.11.2015, 16:27
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Re: Contract Breach: Not Paid by For Work from Other Country

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The Swiss court will never accept a late payment interest rate of 10%, it's much too high.
I've checked this page:
http://europa.eu/youreurope/business...s/index_en.htm
and looks everywhere around Switzerland (Austria, Germany, France) it is 8-9%. The default in Switzerland is 5%. So my 10% (which was agreed!) does not look that high. At least that is what they accepted. If they didn't want to pay interest they should have paid me earlier.
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  #26  
Old 28.11.2015, 16:33
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Re: Contract Breach: Not Paid by For Work from Other Country

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I've checked this page:
http://europa.eu/youreurope/business...s/index_en.htm
and looks everywhere around Switzerland (Austria, Germany, France) it is 8-9%. The default in Switzerland is 5%. So my 10% (which was agreed!) does not look that high. At least that is what they accepted. If they didn't want to pay interest they should have paid me earlier.
Switzerland has always had substantially lower interest rates, as the currency has been strong & price have hardly changed in 25 years. In any case Switzerland is not an EU member.
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Old 28.11.2015, 16:58
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Re: Contract Breach: Not Paid by For Work from Other Country

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Switzerland has always had substantially lower interest rates, as the currency has been strong & price have hardly changed in 25 years. In any case Switzerland is not an EU member.
Well, this year shown that both CHF and EUR are very unstable (comparing to USD). If I get my money paid in 2010 in EUR (as it was contracted) the amount in EUR converted to USD (my main currency) would be 25-40% higher.
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  #28  
Old 28.11.2015, 18:34
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Re: Contract Breach: Not Paid by For Work from Other Country

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Well, this year shown that both CHF and EUR are very unstable (comparing to USD). If I get my money paid in 2010 in EUR (as it was contracted) the amount in EUR converted to USD (my main currency) would be 25-40% higher.
Using 1 year is too short a period of time, as it's the time the earth goes around the sun & has no connection with the business cycle. Higher but less than 25% on a 1 year view.

You should look back further & will see the Euro has been worth substantially less to the USD than it is today & the Euro has only been a currency for 13 years.
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  #29  
Old 28.11.2015, 18:52
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Re: Contract Breach: Not Paid by For Work from Other Country

Just out of interest alexandros, why did it take another 2 years before you followed up on this?
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  #30  
Old 30.11.2015, 04:06
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Re: Contract Breach: Not Paid by For Work from Other Country

@fatmanfilms Will not open polemic on them as it goes out of context of the topic, but if there is appropriate topic here on forum would discuss further.

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Just out of interest alexandros, why did it take another 2 years before you followed up on this?
Yes, sorry, fatmanfilms was also interested and I forgot to answer.
The story, is that the company didn't answer on my emails until I met a person from Switzerland who offered to send the company the invoice by registered mail this year (with deadline and Debt Enforcement Proceedings notice if they don't pay) and maybe as a coincidence but company's management has changed also about this time, so finally they had to reply to the registered mail.
And he also agreed to be my representative to send Debt Enforcement form to the Debt Collection Office. You can send the form yourself to Debt Enforcement Office (which what I did), but have to put a Swiss address of representative for them to reply to him.
But unfortunately as company objected the Payment Summons I now have to hire a lawyer to represent me in a court.
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  #31  
Old 30.11.2015, 04:16
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Re: Contract Breach: Not Paid by For Work from Other Country

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@fatmanfilms Will not open polemic on them as it goes out of context of the topic, but if there is appropriate topic here on forum would discuss further.



Yes, sorry, fatmanfilms was also interested and I forgot to answer.
The story, is that the company didn't answer on my emails until I met a person from Switzerland who offered to send the company the invoice by registered mail this year (with deadline and Debt Enforcement Proceedings notice if they don't pay) and maybe as a coincidence but company's management has changed also about this time, so finally they had to reply to the registered mail.
And he also agreed to be my representative to send Debt Enforcement form to the Debt Collection Office. You can send the form yourself to Debt Enforcement Office (which what I did), but have to put a Swiss address of representative for them to reply to him.
But unfortunately as company objected the Payment Summons I now have to hire a lawyer to represent me in a court.
Its a shame you did not tell us before, rather than let us waste time answering....
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  #32  
Old 30.11.2015, 06:45
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Re: Contract Breach: Not Paid by For Work from Other Country

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Its a shame you did not tell us before, rather than let us waste time answering....
Didn't tell what?
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