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Old 26.09.2015, 11:07
Meerkat Meerkat is offline
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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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