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Old 14.08.2013, 11:21
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Debt Collection Agency Issues

I was referred to a debt collection agency quite rightly unfortunately because i messed up the automatic monthly payment. They were asked to collect the full 3015CHF plus 15CHF Kunderkosten. It snuck up on me so i called them and said i wouldnt be able to pay it until i recieved my paycheck at the start of the next month (august 1st). Called them July 29th to comfirm how much i had to pay in interest which came to 135.60CHF, didnt quibble because i thought i was getting off lightly. paid it august 1st but it seems the payment didnt go through until the 5th.

They sent out a letter on the 7th which reached me today (14th) demanding payment of 616.00CHF of Verzugsschaden gem. Art. 106 OR plus an extra 50CHF in interest within 5 days so its possible I'm already in trouble.

Is there any justification for this? and more importantly have i got any valid way to get out of it? In a bit of a bind
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Old 14.08.2013, 12:08
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Re: Debt Collection Agency Issues

First, there is no Federal Court ruling if the Verzugsschaden is due.
But there is a lower cantonal court ruling in the canton of Nidwalden that no Verzugschaden is due.
Quote:
Art. 106 Abs. 1 OR. Art. 27 Abs. 2 SchKG. Art. 68 Abs. 2 SchKG. Der Ersatz für Aufwendungen im Rahmen des Inkassos beschränkt sich auf die Betreibungskosten. Allfällige darüberhinausgehende Spesen für das Inkasso können dagegen nicht als Verzugsschaden geltend gemacht werden.

http://www.nw.ch/dl.php/de/20060613140302/

See also this page for more details and opinions: http://www.mbagsba.ch/or106/

At most you own 5%/365 days * 5 days * CHF 3030 = CHF 2.10 for your late payment.
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Old 26.09.2015, 11:07
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Re: Debt Collection Agency Issues

I heard another situation. In the contract with one very famous provider it is written that in case of payment period expiration he is "entitled to claim interest for 5% per annum" and in case of late payment all costs and damages lays on customer. So the customer owe provider some payment and received mail from Incasso with demands to pay 300 CHF of outstanding payments, 3.00 as client costs, 10 as interest and 145 "Verzugsschaden gem. art 106 OR" . In the end it was found out that provider screwed up and main cost dropped down from 300 to 150. But other numbers of interest and verzugungsschaden did not change.
The question is - should verzugungsschaden be paied and if yes, what is the right amount? If not, what is the correct explanation that can be sent to collectors?
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Old 26.09.2015, 12:54
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Re: Debt Collection Agency Issues

In the end I paid the amount I owed plus the interest, told them that is what I had done but was unsure what the verzugschaden... Was and asked them for an explanation of what and why I had to pay it and haven't heard a word from them since. Not the neatest way to go about it but it worked. My understanding of that charge is that it has no valid application to this and it's just a money grabbing attempt by the debt collection agency.
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