Thread: Debt collection
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Old 09.01.2020, 00:08
asmpic asmpic is offline
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Re: Debt collection

Good, so Betreibung has not been started and you can work it out without any note in the registers.

As for 103/106 those are tied to conditions and the sportschool has the burden of proof, handing over the debt to an incasso firm is seen as normal business risk and those costs cannot be laid down towards you, also they have to specify and proof that they had extra financial damages due to you not paying and this goes beyond the 5% interest (which is handled by art 104.)

So in short:

They bill finding you separately.
The interest is billed separately.
The incasso firm is on their expense.

What on earth do the deem as valid extra financial damage that the think they can use 103/106 for this? Could be that your contract has something about some extra damage, but than they should refer to the contract and not disabuse 103/106.

Tell them you are willing to pay everything except 103/106 unless they give you a proper calculation and proof of such extra damages (which I can't see being valid for a sportschool), heck you could even pay everything already besides 103/106 until they come with proof of those damages, if they give you reasons/calculations/proof you/we can look at it and judge them.
Great! Thatís a relieft about the betreibung not having started yet!

So then is it ok if I just pay everything except the 103/106 directly to the debt collection agency? And send a separate registered letter about 103/106 charges?

Iím asking because Iíve read in other posts that they just paid their last reminder and added the additional accured interest and ignored the debt agency all together. I just want to make sure Iím going the right path.
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