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Old 17.08.2015, 22:24
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Does anyone have a Swiss address for XE?

Hi,

I'm getting fedup with XE customer services, and I know they have a bank account in Switzerland, but do they have an address here where I can serve a Betriebung?

Thx,
Banjo
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  #2  
Old 17.08.2015, 22:36
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Re: Does anyone have a Swiss address for XE?

As in xe.com???
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Old 18.08.2015, 09:25
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Re: Does anyone have a Swiss address for XE?

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As in xe.com???
Yes, XE.com (head office Canada).

They claimed they could let me send Chinese Yuan to my wife (who as a citizen is subject to limits on currency trading, whereas I have no limits - so long as I'm not laundering), but they sent her US Dollars instead, and said she had to change it. And after she changed it (lucky she hadn't used up her allowance) there was nearly $100 less Yuan than the amount specified in the XE trade deal. XE are trying to tell me its my wife's problem.
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Old 18.08.2015, 09:45
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Re: Does anyone have a Swiss address for XE?

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Yes, XE.com (head office Canada).

They claimed they could let me send Chinese Yuan to my wife (who as a citizen is subject to limits on currency trading, whereas I have no limits - so long as I'm not laundering), but they sent her US Dollars instead, and said she had to change it. And after she changed it (lucky she hadn't used up her allowance) there was nearly $100 less Yuan than the amount specified in the XE trade deal. XE are trying to tell me its my wife's problem.

Before you get carried away and go to the Betreibungsamt and pay for the Betreibung do you have a contract indicating how much is leaving your account, in what currency and what amount will arrive in your wife's account(IE the rate).


Without sufficient evidence the Betreibung will be disputed and you'll then need to go to court.


For 100USD??
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Old 18.08.2015, 10:24
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Re: Does anyone have a Swiss address for XE?

Every XE trade comes with the notice in the email as to the exact terms, including the currency that was chosen to receive the transfer (You->XE) and in what currency the transfer will be sent (XE->You). Did you double check to make sure you specified CNY for the outgoing transfer?

It would be fair for XE to balance things out on your account if they screwed up the transfer. But you might find its more hassle, you could try customer service nicely and ask to speak to a manager, explain the situation, and see what he/she will do for you.
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Old 18.08.2015, 10:24
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Re: Does anyone have a Swiss address for XE?

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For 100USD??
I probably won't bother going to the Betreibungsamt, I want to make a credible sounding threat, in the hope that they then take me seriously.
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Old 18.08.2015, 10:42
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Re: Does anyone have a Swiss address for XE?

To determine whether xe.com is commercially registered in Switzerland, check the trade register at:

zefix.ch or
moneyhouse.ch

Edit:
"Can I try to collect debt from a person who lives abroad?
This is only possible if the person has assets in Switzerland and the creditor has had these assets seized or has a lien on them (the assets are used as collateral for the amount owed). It is also possible if the debtor agrees to debt enforcement proceedings being opened."

https://www.ch.ch/en/debt-enforcement-request/
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Old 18.08.2015, 12:19
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Re: Does anyone have a Swiss address for XE?

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I probably won't bother going to the Betreibungsamt, I want to make a credible sounding threat, in the hope that they then take me seriously.

TIS - do or do not, there is no threat.
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Old 18.08.2015, 12:33
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Re: Does anyone have a Swiss address for XE?

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I probably won't bother going to the Betreibungsamt, I want to make a credible sounding threat, in the hope that they then take me seriously.
Be very careful, making a threat is a criminal offence in CH, the police will take the matter very seriously & you will end up in front of a judge.
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Old 18.08.2015, 15:33
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Re: Does anyone have a Swiss address for XE?

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Be very careful, making a threat is a criminal offence in CH
Seriously guys???
I'm talking about a legal notice "you have 14 days to give me back my money, or I will commence legal procedings against you"
This is a threat, and a prerequisite to legal action, and the Police aren't going to prosecute me for it.
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Old 18.08.2015, 15:44
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Re: Does anyone have a Swiss address for XE?

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Seriously guys???
I'm talking about a legal notice "you have 14 days to give me back my money, or I will commence legal procedings against you"
This is a threat, and a prerequisite to legal action, and the Police aren't going to prosecute me for it.
It is still a threat.
Either start legal action or don't. You can't threaten it.
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Old 18.08.2015, 16:08
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Re: Does anyone have a Swiss address for XE?

If the action mentioned in the threat is legal, then so is the threat. In effect it's just a warning.

If you don't do A I will consider doing B.

That's it.
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Old 18.08.2015, 16:29
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Re: Does anyone have a Swiss address for XE?

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It is still a threat.
Either start legal action or don't. You can't threaten it.
Please inform every company in Switzerland with a billing department about this. They will be very interested to hear that they can't mention possible legal action on late notices anymore.
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Old 18.08.2015, 16:43
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Re: Does anyone have a Swiss address for XE?

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Please inform every company in Switzerland with a billing department about this. They will be very interested to hear that they can't mention possible legal action on late notices anymore.
Lawyers get paid many many CHF to argue over MAY and WILL.

In general though they don't even bother with that - the Swiss procedure is pretty clear - bill, mahnung 1, mahnung 2, betreibung - or in lieu of that cancellation of contract - and then maybe betreibung.

They don't need to threaten legal action because unless the person not paying knows their arse from their elbow they'll struggle to counter a betreibung. Most people will at this point will go to a lawyer if they believe the debt is invalid.

Perhaps companies should in future add "If you don't pay you'll have to hire a lawyer"
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Old 18.08.2015, 16:53
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Re: Does anyone have a Swiss address for XE?

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They don't need to threaten legal action
It is standard and commonplace to write on the bottom of a (second) mahnung that you will start a betreibung if the bill is not paid.

This is exactly what we are discussing and exactly the kind of statement that the chap who started this thread wants to make.
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Old 18.08.2015, 16:57
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Re: Does anyone have a Swiss address for XE?

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I probably won't bother going to the Betreibungsamt, I want to make a credible sounding threat, in the hope that they then take me seriously.
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It is standard and commonplace to write on the bottom of a (second) mahnung that you will start a betreibung if the bill is not paid.

This is exactly what we are discussing and exactly the kind of statement that the chap who started this thread wants to make.
They don't sound the same to me
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Old 18.08.2015, 16:58
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Re: Does anyone have a Swiss address for XE?

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They don't sound the same to me
Well, I'm sure it's somehow possible that he wants to inform them he will break their legs if they don't give him his 100.- back! I think that's not what he meant though, he just said he probably won't follow through with an actual betreibung - which you'd have to be an idiot to do over 100.-.
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Old 18.08.2015, 16:59
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Does anyone have a Swiss address for XE?

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If the action mentioned in the threat is legal, then so is the threat. In effect it's just a warning.



If you don't do A I will consider doing B.



That's it.

It's still considered coercion which is s criminal offence.
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Old 18.08.2015, 17:04
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Re: Does anyone have a Swiss address for XE?

Err...so i have a credible legal case against pretty much every person who has sent me a bill, including the gemeinde?

I think there is a difference here that needs to be considered:

Making a threat of doing something illegal ("if you dont pay, i'll kick 7 shades of s*** out of you") is illegal.
Making a threat of doing something perfectly legal ("if you don't pay, i will raise a betreibung") is legally, a warning. And that's not going to get you pulled in front of a judge. Repeated and unwarranted warnings becomes harassment, which is a separate issue altogether, and unlikely in this case.
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Old 18.08.2015, 17:28
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Does anyone have a Swiss address for XE?

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Err...so i have a credible legal case against pretty much every person who has sent me a bill, including the gemeinde?

I think there is a difference here that needs to be considered:

Making a threat of doing something illegal ("if you dont pay, i'll kick 7 shades of s*** out of you") is illegal.
Making a threat of doing something perfectly legal ("if you don't pay, i will raise a betreibung") is legally, a warning. And that's not going to get you pulled in front of a judge. Repeated and unwarranted warnings becomes harassment, which is a separate issue altogether, and unlikely in this case.

Be very careful, if you can't speak a Swiss language fluently be double careful of what you say. You don't understand the law, it's different & may seem strange to you.
It's better to say nothing, just do what you intend to do.
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