Go Back   English Forum Switzerland > Living in Switzerland > Daily life  
Reply
 
Thread Tools Display Modes
  #1  
Old 11.08.2020, 20:58
Newbie 1st class
 
Join Date: Aug 2020
Location: Zurich
Posts: 10
Groaned at 1 Time in 1 Post
Thanked 0 Times in 0 Posts
eggikonwil has no particular reputation at present
Harrassed by a predatory company through Betreibung

Hello everyone,

Sorry for the long post. Also apologies if this is the wrong sub-forum (I couldn't find a "Legal" sub-forum).

By sheer bad luck, I dealt with a predatory company that sent me an unjustified invoice of thousands of Francs with no basis. As I refused to pay, they put me in betreibung, and I contested it with a rechtsvorschlag.

After reading machine translation of some relevant articles of SchKG, I failed to spot any negative consequences on the creditor side, if they simply use the process to harrass people and pursue the case in court. Therefore, I am preparing to go to court with them. The problem is, I do not know German and I am not familiar with the laws in this country, so I have some questions.

1. Will my evidence / proof / documents be understood by the court if it is in English?
2. If the answer to the first question is no, assuming "all are equal before the law" is a general principle in this country, how do I get a fair treatment in the court?
3. If I do have to get the documents translated before getting treated fairly, what if I can't find / afford a translator? If the company loses, will they be obliged to pay all my expenses incurred by this ordeal, including cost of translation and legal consultations?

Now, about some possibilities after reading the SchKG:
4. Will there be bad consequences for me if I put the company in betreibung and mirror their actions?
5. Can I complain about the company to supervisory authority according to Art. 17, and if so, what authority should I complain to?
6. Can I use Art. 73B to ask the company to provide more evidence? I imagine this can be useful if the company can not provide false evidence, given the invoice is groundless. Correct? On the other hand, will this request from me accelerate the court process, and give me less time to prepare (e.g. get my documents translated)?
7. If the company does not proceed to court, can I use Art. 85aE to proceed to court? If I do this and win, will the company owe me the expenses caused by the process?

I know it's a lot of questions, but this can happen to anyone who has not done anything wrong. Any answer to any of the questions is appreciated.

Thank you and have a good day.

Last edited by 3Wishes; 14.08.2020 at 18:44. Reason: fixed spacing
Reply With Quote
  #2  
Old 12.08.2020, 13:17
AbFab's Avatar
Forum Legend
 
Join Date: Sep 2006
Location: Zürich
Posts: 8,235
Groaned at 347 Times in 237 Posts
Thanked 12,011 Times in 4,122 Posts
AbFab has a reputation beyond reputeAbFab has a reputation beyond reputeAbFab has a reputation beyond reputeAbFab has a reputation beyond reputeAbFab has a reputation beyond reputeAbFab has a reputation beyond repute
Re: Harrassed by a predatory company through Betreibung

Never mind the legal situation, even in Switzerland companies do not send out bills for 1000s francs for nothing and then take people to court.

Before taking this matter to court, what is it about??

Nice first post by the way...
Reply With Quote
This user would like to thank AbFab for this useful post:
  #3  
Old 12.08.2020, 13:33
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 12,783
Groaned at 99 Times in 88 Posts
Thanked 19,576 Times in 8,681 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: Harrassed by a predatory company through Betreibung

How far in are you in the process, how many months ago did you do Rechtsvorschlag?

I do not know if you can or should do much before the three months are up and you have invoked Art. 8a Abs. 3 lit. d SchKG

Anyway, the justice system grinds very slowly. Three month is actually super speedy in contrast of which might follow.

Court language, is in the local language. If your documents are in Tibetian, Suaheli, Klingon or English then it is up to you that the court and the other party understands the content. The proceedings are most likely done by mail only. Anything which you do not state will not be used, anything which you do not dispute will be seen as fact.

Considering there is so called evidence and papers, it looks like you had actually some dealings or even a contract with the requesting party. Note: a contract does not have to be written on paper and signed to be valid.
__________________
On Hiatus- Normal operation will resume 22.02.2022 22:02:20.22
Reply With Quote
The following 3 users would like to thank aSwissInTheUS for this useful post:
  #4  
Old 12.08.2020, 13:39
Forum Veteran
 
Join Date: Jan 2014
Location: Lausanne
Posts: 540
Groaned at 44 Times in 25 Posts
Thanked 579 Times in 320 Posts
dandi has an excellent reputationdandi has an excellent reputationdandi has an excellent reputationdandi has an excellent reputation
Re: Harrassed by a predatory company through Betreibung

Quote:
View Post
Therefore, I am preparing to go to court with them. The problem
is, I do not know German and I am not familiar with the laws in this
country
In that case I would not even think going further without getting a local lawyer involved. This is a job for professionals. Yes, it will cost money too...
Reply With Quote
  #5  
Old 12.08.2020, 20:40
Newbie 1st class
 
Join Date: Aug 2020
Location: Zurich
Posts: 10
Groaned at 1 Time in 1 Post
Thanked 0 Times in 0 Posts
eggikonwil has no particular reputation at present
Re: Harrassed by a predatory company through Betreibung

Thanks for your replies. By "preparing to go to court with them", I
meant preparing for the scenario where the company takes the matter to
court (which according to my study of SchKG means opening a legal
proceeding against the Rechtsvorgschlag). I might take them to court
since they have been rather malicious and caused me a bit of problem,
but that is less likely. Sorry for the confusion.

Quote:
View Post
Never mind the legal situation, even in Switzerland companies do not send out bills for 1000s francs for nothing and then take people to court.

Before taking this matter to court, what is it about??
My understanding is, from their perspective it is very cheap to make use of the betreibung and there are no negative consequences with a bogus claim. This is why I am entertaining the idea of doing the same thing to them. They don't do it for nothing of course. For the cost of <100Fr they can potentially intimidate a foreigner into paying thousands for fear of "getting into trouble" so why not?

Quote:
View Post
I do not know if you can or should do much before the three months are up and you have invoked Art. 8a Abs. 3 lit. d SchKG
What is Art. 8a Abs. 3 lit. d SchKG? I looked up SchKG and the closest thing I found is Art. 8a1E. Protokolle und Register / 2. Einsichtsrecht. It seems to be about third party inspection and three months seem to be the time before I can request the removal of my name from the register. It seems to also mention a 20 day window for the creditor to open proceedings against the Rechtsvorschlag. Does that mean if I do not hear from the Betribungsamt in 20 days, the company will not be able bring it to court? In general I want to know my rights and make sure they can't do sneak attack.

Quote:
View Post
How far in are you in the process, how many months ago did you do Rechtsvorschlag?
I did Rechtsvorschlag last week.

Last edited by 3Wishes; 14.08.2020 at 18:49. Reason: fixed quotes; please use multi-quote
Reply With Quote
  #6  
Old 12.08.2020, 21:07
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 31,599
Groaned at 2,354 Times in 1,712 Posts
Thanked 38,405 Times in 18,123 Posts
st2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond repute
Re: Harrassed by a predatory company through Betreibung

Quote:
View Post
My understanding is, from their perspective it is very cheap to make use of the betreibung and there are no negative consequences with a bogus claim.
Not true, it will show up on their record.

I had a company beg me to remove an opposition, which I refused.

Tom

Last edited by 3Wishes; 14.08.2020 at 18:49. Reason: fixed spacing of quote
Reply With Quote
The following 4 users would like to thank st2lemans for this useful post:
  #7  
Old 12.08.2020, 21:40
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 12,783
Groaned at 99 Times in 88 Posts
Thanked 19,576 Times in 8,681 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: Harrassed by a predatory company through Betreibung

A Betreibung/Poursuit goes something like this.

B: Betreibungsamt.
C : Claimant.
D : Debtor.

C starts the Betreibung. (Usually once a debt becomes overdue)
B officially informs D about Betreibung inform of a payment order.

If D does nothing B will size its assets. If the assets cover the debt it will be entered as paid in the debt register. If there are no or not enough sizable assets C get as loss note (can be used to restart the whole process within 20 years). The debt will be entered as partially paid/loss in the debt register.

If D pays the payment order the Betreibung ends, and it will be entered as paid in the debt register.

If D objects (Rechtsvorschlag) B informs C. The debt will be entered as pending in the debt register.

C can now start a civil law suit. The stages are: Justice of peace, district court, canton high court, federal court. The justice of peace is more like an arbitration step and you must appear in person. (Different protocol if the debt is due to a previous law suit, public debt, or has otherwise been acknowledged)

If C does not start the civil lawsuit process within 3 months after the Rechtsvorschlag D can request that the pending debt shall be removed from the register. (Art. 8a Abs. 3 lit. d SchKG)

C has now another 20 day to show proof that they actually started the civil law suit process. If they do not show proof the entry will be removed. If they show proof the entry stays.

If C brings proof of a civil law suit at a later time, after the 20 days grace period, the entry will be reinstated.

If you win the civil law suit (at any stage) and zero debt is owned you can once again request the removal from the register. If some debt was owned the entry will stay.

Also possible is that D starts a civil lawsuit and request that the court determines a the debt was never owned. There are two different procedures Art. 85a SchKG and Art. 88 ZPO
See also: https://www.schuldeninfo.ch/files/_d...lungsklage.pdf (Honestly, I do not really understand the finer details of the two possibilities)
Yes, you can recover some of the expenses and make the other party to pay the court fee. This would be part of your claim.
https://www.zg.ch/behoerden/zivil-un...t.pdf/download

As you found out you can use Art. 73 SchKG to your advantage (There is no B, the B is part of the title). It has no impact on the speediness of the process. But as noted in the article if C fails to produce evidence it will help your case in the civil law suit.

Art. 17 SchKG is when you have problems with the conduct of the Betreibungsamt.
__________________
On Hiatus- Normal operation will resume 22.02.2022 22:02:20.22
Reply With Quote
The following 4 users would like to thank aSwissInTheUS for this useful post:
  #8  
Old 13.08.2020, 15:02
Junior Member
 
Join Date: Nov 2017
Location: Zürich
Posts: 33
Groaned at 0 Times in 0 Posts
Thanked 25 Times in 15 Posts
RobScoue has no particular reputation at present
Re: Harrassed by a predatory company through Betreibung

Just be careful I had a few experiences with the betreibungsamt and some of them are a bit biased and if some deadlines have past they have a lot of power.

One year I switched my health insurance, but the new insurance didn't inform the old one and then both charged my for a few months even though I had the confirmation of cancellation.

Apparently a few years ago a law was pass that allows Insurance company to reject your Rechtsvorschlag by simple sending you a letter and you have to contest this letter again, which I didn't know and after 15 days I lost the dispute.

The letter the insurance company sent to me was not even signed and they had no proof that I had received it, the betreibungsamt just took their side and cancelled my Rechtsvorschlag.

In the end I paid it and had to contact them for a refund and then asked them to remove the entry.
Reply With Quote
The following 2 users would like to thank RobScoue for this useful post:
  #9  
Old 13.08.2020, 15:54
Banned
 
Join Date: Oct 2007
Location: CH
Posts: 10,975
Groaned at 2,037 Times in 1,121 Posts
Thanked 5,139 Times in 3,246 Posts
omtatsat omtatsat omtatsat omtatsat omtatsat
Re: Harrassed by a predatory company through Betreibung

Quote:
View Post
Hello everyone,

Sorry for the long post. Also apologies if this is the wrong sub-forum (I couldn't find a "Legal" sub-forum).

By sheer bad luck, I dealt with a predatory company that sent me an unjustified invoice of thousands of Francs with no basis. As I refused to pay, they put me in betreibung, and I contested it with a rechtsvorschlag.

After reading machine translation of some relevant articles of SchKG, I failed to spot any negative consequences on the creditor side, if they simply use the process to harrass people and pursue the case in court. Therefore, I am preparing to go to court with them. The problem is, I do not know German and I am not familiar with the laws in this country, so I have some questions.

1. Will my evidence / proof / documents be understood by the court if it is in English?
2. If the answer to the first question is no, assuming "all are equal before the law" is a general principle in this country, how do I get a fair treatment in the court?
3. If I do have to get the documents translated before getting treated fairly, what if I can't find / afford a translator? If the company loses, will they be obliged to pay all my expenses incurred by this ordeal, including cost of translation and legal consultations?

Now, about some possibilities after reading the SchKG:
4. Will there be bad consequences for me if I put the company in betreibung and mirror their actions?
5. Can I complain about the company to supervisory authority according to Art. 17, and if so, what authority should I complain to?
6. Can I use Art. 73B to ask the company to provide more evidence? I imagine this can be useful if the company can not provide false evidence, given the invoice is groundless. Correct? On the other hand, will this request from me accelerate the court process, and give me less time to prepare (e.g. get my documents translated)?
7. If the company does not proceed to court, can I use Art. 85aE to proceed to court? If I do this and win, will the company owe me the expenses caused by the process?

I know it's a lot of questions, but this can happen to anyone who has not done anything wrong. Any answer to any of the questions is appreciated.

Thank you and have a good day.
Why dont you get a lawyer who will answer these questions!

Last edited by 3Wishes; 14.08.2020 at 18:50. Reason: fixed spacing in quote
Reply With Quote
This user would like to thank omtatsat for this useful post:
This user groans at omtatsat for this post:
  #10  
Old 13.08.2020, 15:56
Newbie 1st class
 
Join Date: Aug 2014
Location: Wallisellen, Zurich,
Posts: 23
Groaned at 29 Times in 13 Posts
Thanked 27 Times in 15 Posts
Pandalicious has slipped a little
Re: Harrassed by a predatory company through Betreibung

Quote:
View Post
Why dont you get a lawyer who will answer these questions!
That would be a good point if Lawyers didn't cost so much.
Reply With Quote
  #11  
Old 13.08.2020, 16:00
Banned
 
Join Date: Oct 2007
Location: CH
Posts: 10,975
Groaned at 2,037 Times in 1,121 Posts
Thanked 5,139 Times in 3,246 Posts
omtatsat omtatsat omtatsat omtatsat omtatsat
Re: Harrassed by a predatory company through Betreibung

This place can be useful for advice. 70 CHF for 30 minutes.

https://www.anwaltskollektiv.ch/
Reply With Quote
The following 2 users would like to thank omtatsat for this useful post:
  #12  
Old 13.08.2020, 20:40
Newbie 1st class
 
Join Date: Aug 2020
Location: Zurich
Posts: 10
Groaned at 1 Time in 1 Post
Thanked 0 Times in 0 Posts
eggikonwil has no particular reputation at present
Re: Harrassed by a predatory company through Betreibung

Quote:
View Post
Not true, it will show up on their record.

I had a company beg me to remove an opposition, which I refused.

Tom
That's interesting. Why would a Rechtsvorschlag be bad for a company?
Doesn't it disappear if the company removes the claim?

Quote:
View Post
A Betreibung/Poursuit goes something like this.

B: Betreibungsamt.
C : Claimant.
D : Debtor.

C starts the Betreibung. (Usually once a debt becomes overdue)
B officially informs D about Betreibung inform of a payment order.

If D does nothing B will size its assets. If the assets cover the debt it will be entered as paid in the debt register. If there are no or not enough sizable assets C get as loss note (can be used to restart the whole process within 20 years). The debt will be entered as partially paid/loss in the debt register.

If D pays the payment order the Betreibung ends, and it will be entered as paid in the debt register.

If D objects (Rechtsvorschlag) B informs C. The debt will be entered as pending in the debt register.

C can now start a civil law suit. The stages are: Justice of peace, district court, canton high court, federal court. The justice of peace is more like an arbitration step and you must appear in person. (Different protocol if the debt is due to a previous law suit, public debt, or has otherwise been acknowledged)

If C does not start the civil lawsuit process within 3 months after the Rechtsvorschlag D can request that the pending debt shall be removed from the register. (Art. 8a Abs. 3 lit. d SchKG)

C has now another 20 day to show proof that they actually started the civil law suit process. If they do not show proof the entry will be removed. If they show proof the entry stays.

If C brings proof of a civil law suit at a later time, after the 20 days grace period, the entry will be reinstated.

If you win the civil law suit (at any stage) and zero debt is owned you can once again request the removal from the register. If some debt was owned the entry will stay.

Also possible is that D starts a civil lawsuit and request that the court determines a the debt was never owned. There are two different procedures Art. 85a SchKG and Art. 88 ZPO
See also: https://www.schuldeninfo.ch/files/_d...lungsklage.pdf (Honestly, I do not really understand the finer details of the two possibilities)
Yes, you can recover some of the expenses and make the other party to pay the court fee. This would be part of your claim.
https://www.zg.ch/behoerden/zivil-un...t.pdf/download

As you found out you can use Art. 73 SchKG to your advantage (There is no B, the B is part of the title). It has no impact on the speediness of the process. But as noted in the article if C fails to produce evidence it will help your case in the civil law suit.

Art. 17 SchKG is when you have problems with the conduct of the Betreibungsamt.
Amazing answer, thank you so much. I have a much better idea about what to do now. This is one major reason I like web forums. Now anyone in a similar position, or just looking up for information about the process can appreciate this comprehensive answer. The system does seem a bit more balanced given what you said. By the way I am too new for the thank button to surface, but will thank this reply once I've posted enough.

Quote:
View Post
Apparently a few years ago a law was pass that allows Insurance company to reject your Rechtsvorschlag by simple sending you a letter and you have to contest this letter again, which I didn't know and after 15 days I lost the dispute.

The letter the insurance company sent to me was not even signed and they had no proof that I had received it, the betreibungsamt just took their side and cancelled my Rechtsvorschlag.

That's pretty bad, thanks for sharing and I'll watch out for this kind of letters. On the other hand I also remember reading that Betreibungsamt acts as a "pawn" for creditors, so perhaps the bias is intended?:

https://www.vgbz.ch/betreibungsamt/rechtsvorschlag/

In theory, therefore, someone can operate any person without there ever having been a legal relationship between the two. The debt collection office will or can do nothing against "unlawful" debt collection. They execute like "pawns" what the alleged creditor demands of them, namely to serve the order for payment on the "debtor".

That said, I do wish Switzerland could had a higher standard for consumer protection.

Last edited by 3Wishes; 14.08.2020 at 18:42. Reason: fixed quoting, please use multi-quote - the button to the right of quote
Reply With Quote
  #13  
Old 13.08.2020, 22:23
NotAllThere's Avatar
Forum Legend
 
Join Date: Oct 2008
Location: Baselland
Posts: 13,259
Groaned at 216 Times in 191 Posts
Thanked 19,334 Times in 7,869 Posts
NotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond repute
Re: Harrassed by a predatory company through Betreibung

I know a couple whose landlord was a serial imposer of betreibung. They contests the lot, it never went further, and it had no detrimental effect on their finances. They got a mortgage, for example. without issue.

Contest, wait for their move, and stop worrying or wasting energy. Unless they've got a case of course, in which case settle as soon as you can. Do not attempt to muddy the waters by issuing your own betreibung. If it comes to court the judge will know and will take a vexatious claim into consideration when making a judgement.
Reply With Quote
The following 2 users would like to thank NotAllThere for this useful post:
  #14  
Old 14.08.2020, 15:06
Treverus's Avatar
Forum Legend
 
Join Date: Dec 2007
Location: Work in ZH, live in SZ
Posts: 11,998
Groaned at 334 Times in 273 Posts
Thanked 22,926 Times in 8,297 Posts
Treverus has a reputation beyond reputeTreverus has a reputation beyond reputeTreverus has a reputation beyond reputeTreverus has a reputation beyond reputeTreverus has a reputation beyond reputeTreverus has a reputation beyond repute
Re: Harrassed by a predatory company through Betreibung

Quote:
View Post

1. Will my evidence / proof / documents be understood by the court if it is in English?
2. If the answer to the first question is no, assuming "all are equal before the law" is a general principle in this country, how do I get a fair treatment in the court?
The arrogance of expecting the world to adapt to your lack of language skills is honestly funny. All are equal by law and have to present their cases in one of the official languages... if you don’t speak it, get help. If you don’t know the legal system well, get legal help.

Most malicious Betreibung don’t actually make it to court - some people just use the Swiss system to annoy and cause trouble. An recently fired employee once send one to my former employer - absolutely no basis. But he knew that having an entry in our register would make us lose points in all official government purchasing processes. As a private person might it make it harder to get credit or a rental contract...

Last edited by 3Wishes; 14.08.2020 at 18:50. Reason: fixed spacing in quote
Reply With Quote
The following 5 users would like to thank Treverus for this useful post:
This user groans at Treverus for this post:
  #15  
Old 14.08.2020, 19:07
Newbie 1st class
 
Join Date: Aug 2020
Location: Zurich
Posts: 10
Groaned at 1 Time in 1 Post
Thanked 0 Times in 0 Posts
eggikonwil has no particular reputation at present
Re: Harrassed by a predatory company through Betreibung

Quote:
View Post
Contest, wait for their move, and stop worrying or wasting energy. Unless they've got a case of course, in which case settle as soon as you can. Do not attempt to muddy the waters by issuing your own betreibung. If it comes to court the judge will know and will take a vexatious claim into consideration when making a judgement.

Thank you. That is good advice.


Quote:
View Post
The arrogance of expecting the world to adapt to your lack of language skills is honestly funny.

I don't think it is fair to equate expecting to be treated fairly by law and expecting the world to adapt to lack of language skills, especially when the law has made it easy for malicious people to engage in harassment.
Reply With Quote
  #16  
Old 15.08.2020, 10:01
Treverus's Avatar
Forum Legend
 
Join Date: Dec 2007
Location: Work in ZH, live in SZ
Posts: 11,998
Groaned at 334 Times in 273 Posts
Thanked 22,926 Times in 8,297 Posts
Treverus has a reputation beyond reputeTreverus has a reputation beyond reputeTreverus has a reputation beyond reputeTreverus has a reputation beyond reputeTreverus has a reputation beyond reputeTreverus has a reputation beyond repute
Re: Harrassed by a predatory company through Betreibung

Quote:
View Post
I don't think it is fair to equate expecting to be treated fairly by law and expecting the world to adapt to lack of language skills, especially when the law has made it easy for malicious people to engage in harassment.
You expect the court to accept your statement in a language that isn’t an official language in Switzerland. Otherwise is would be “unfair”. Can you imagine any Spanish, Polish or other immigrant complaining that a Zurich court doesn’t speak their language? Me neither. That’s a Anglo Saxon thing.
Reply With Quote
The following 4 users would like to thank Treverus for this useful post:
This user groans at Treverus for this post:
  #17  
Old 15.08.2020, 12:14
Newbie 1st class
 
Join Date: Aug 2020
Location: Zurich
Posts: 10
Groaned at 1 Time in 1 Post
Thanked 0 Times in 0 Posts
eggikonwil has no particular reputation at present
Re: Harrassed by a predatory company through Betreibung

Quote:
View Post
You expect the court to accept your statement in a language that isn’t an official language in Switzerland. Otherwise is would be “unfair”.
Nowhere in the original post did I say or imply this.
Reply With Quote
  #18  
Old 15.08.2020, 13:10
Forum Veteran
 
Join Date: Jul 2020
Location: Up there over the fog
Posts: 1,914
Groaned at 257 Times in 189 Posts
Thanked 2,108 Times in 1,040 Posts
JackieH has a reputation beyond reputeJackieH has a reputation beyond reputeJackieH has a reputation beyond reputeJackieH has a reputation beyond reputeJackieH has a reputation beyond repute
Re: Harrassed by a predatory company through Betreibung

Quote:
View Post
Never mind the legal situation, even in Switzerland companies do not send out bills for 1000s francs for nothing and then take people to court.

Before taking this matter to court, what is it about??

Nice first post by the way...

is it about goods you have purchased, or services? It is hard to reply without knowing the facts. But a Betreibung that goes wrong is very bad news indeed and will have serious consequences for your future here in 100s of ways. Legal advice is expensive- but you have been given a link to very reasonable services higher up in the thread.


Treverus's comment is harsh - but it is the reality. We are all foreigners here, all had real issues with language, especially re contracts- but most of us have agreed that if you do not understand what you sign- you have to get help, professional or otherwise. Good luck- hope it all works out for you. But take it seriously.
Reply With Quote
This user would like to thank JackieH for this useful post:
  #19  
Old 15.08.2020, 13:17
AbFab's Avatar
Forum Legend
 
Join Date: Sep 2006
Location: Zürich
Posts: 8,235
Groaned at 347 Times in 237 Posts
Thanked 12,011 Times in 4,122 Posts
AbFab has a reputation beyond reputeAbFab has a reputation beyond reputeAbFab has a reputation beyond reputeAbFab has a reputation beyond reputeAbFab has a reputation beyond reputeAbFab has a reputation beyond repute
Re: Harrassed by a predatory company through Betreibung

Quote:
View Post
is it about goods you have purchased, or services? It is hard to reply without knowing the facts. But a Betreibung that goes wrong is very bad news indeed and will have serious consequences for your future here in 100s of ways. Legal advice is expensive- but you have been given a link to very reasonable services higher up in the thread.


Treverus's comment is harsh - but it is the reality. We are all foreigners here, all had real issues with language, especially re contracts- but most of us have agreed that if you do not understand what you sign- you have to get help, professional or otherwise. Good luck- hope it all works out for you. But take it seriously.
We have no idea, that‘s why I asked. The OP may have signed a contract agreeing to pay 1000s for doing basically nothing. Who knows??
Reply With Quote
This user would like to thank AbFab for this useful post:
  #20  
Old 15.08.2020, 14:00
Newbie 1st class
 
Join Date: Jun 2012
Location: D
Posts: 20
Groaned at 8 Times in 5 Posts
Thanked 17 Times in 12 Posts
Missmoneypenny has slipped a little
Re: Harrassed by a predatory company through Betreibung

Hello
I had a similier experience when I was first over here, regarding apartment cleaning. I phone one to get a quote and they said can do it for xxxCHf and I did not agree over the phone except say sounds ok and I assumed they would send somev body around to see the size of the apartment and to confirm the price.


No one turned up at all and when it was my time to leave, the owner said no need to clean apartment as they are doing a complete decoration.
As I had not heard from the cleaning company I assumed they had just forgotten. But unfortunately for me they just assumed I had formally agree several weeks before and turned up after I had left the apartment to do the cleaning.
They were going to charge me the full price even though they had not confirmed in writing or verbally.
I had to take this cleaning company to tribunal, like you were doing and all the proceeding were in Swiss language which I did not understand at all, but
I took a girl friend with me who was Swiss and she helped translate was was going on.
Long story short in the end I settled the matter by paying off the cleaning company for slightly less than the original bill. After I had paid, the tribunal judge said to my friend he would not have paid and taking it to court.
But as others have said it would probably have cost me more paying for a legal brief and translation of documents etc.
Reply With Quote
This user would like to thank Missmoneypenny for this useful post:
Reply

Tags
betreibung, consumer protection




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Betreibung Fight and Dodgy Company Dallmayr Finance/banking/taxation 17 03.07.2020 19:22
Betreibung - oh dear telandy Finance/banking/taxation 7 12.07.2019 19:07
Rechtsvorschlag to Betreibung, what's next? mimivin Daily life 8 23.01.2017 18:22
Betreibung clerin53 Finance/banking/taxation 8 17.10.2011 17:43
harrassed by media marketing research firm sonnyk Complaints corner 24 08.03.2008 09:10


All times are GMT +2. The time now is 10:24.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0