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Old 14.04.2014, 16:23
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Debt Collection

Hi,
I am being hassled by a company based in Austria for payment for a service that they have performed inadequately and which I cancelled in any case. They have sent me multiple payment demands the most recent of which is entitled 'last reminder before court action'. I don't believe I have a requirement to pay. Am I correct in thinking that if they wish to persue the matter they will have to get someone to first issue me with a poursuite notice, presumably quite difficult and expensive for them to do from overseas, and then, in any case I can either contest the poursuite or choose to pay the original sum without costs ? Can anyone please clarify the situation for me ?

Thanks in advance Bob
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Old 14.04.2014, 16:37
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Re: Debt Collection

Austria is more likely neigbouralps than overseas. And a poursuite/Betreibung (a.k.a. court action) does not cost a fortune.
As they most likely will speak German they will use this service: https://www.e-service.admin.ch/eschk...g_einleiten_de
The real court action will start after you contested the poursuite.

PS: Depending, on the contract you have, an "inadequat" performace may not release you from you obligations.
PPS: Did you agree on a place of law and court in the contract?
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Old 14.04.2014, 16:45
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Re: Debt Collection

Hi,

thanks..this clause was in the contract

To decide all disputes under this contract, including a dispute about its existence or absence, regardless of the amount in dispute only the competent court of the information processor is recognized. Jurisdiction is Sautens / Imst and Innsbruck. The information processor is free to sue the customer in another court. Austrian law applies exclusively.

Am I correct in assuming that if they do issue a poursuite I can still pay the original amount ? They are making dark threats about 500EUR debt collection fees etc ?

Thanks

Bob
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Old 14.04.2014, 16:47
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Re: Debt Collection

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Hi,
I am being hassled by a company based in Austria for payment for a service that they have performed inadequately and which I cancelled in any case. They have sent me multiple payment demands the most recent of which is entitled 'last reminder before court action'. I don't believe I have a requirement to pay. Am I correct in thinking that if they wish to persue the matter they will have to get someone to first issue me with a poursuite notice, presumably quite difficult and expensive for them to do from overseas, and then, in any case I can either contest the poursuite or choose to pay the original sum without costs ? Can anyone please clarify the situation for me ?

Thanks in advance Bob
How did it play out? Did you let them know in writing that whatever service they provided was inadequate and did they make any effort to make good or even respond in any way?

If you just refuse to pay, based on no prior complaint, that might be hard to contest.
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Old 14.04.2014, 16:53
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Re: Debt Collection

Hi,

we seem to have had just email exchanges, I have made my position clear and responses have been of the 'you owe us the money according to our terms and conditions so you will pay' variety. I have asked them repeatedly to cancel the service and they are requesting a letter. An email will not work apparently despite the fact that that was the basis of the relationship in the first place.

I was counting on the fact they would not pursue it due to the costs and, that if they did, I could just give in and pay the requested original amount without penalty. I think they are in the wrong but do not want a situation where I am indeed stuck with 500euro of extra fees as they suggest. The original amount is EUR70 (not that that has any bearing on the rights and wrongs of the situation|)
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Old 14.04.2014, 17:20
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Re: Debt Collection

What kind of work is it? Can you negotiate with them and get them to put it right, whatever it was?

EUR 70 really isn't a lot, and I know it's not the issue but is it worth the costs that could escalate if it all goes to court, lawyers get involved, etc?

If it were me, for that amount, I would just pay it, chalk it up to experience but let them know in no uncertain terms that they are a bunch of shysters.
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Old 14.04.2014, 17:25
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Re: Debt Collection

An email is never sufficient. You need to send a registered letter with complaints and cancelations.
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Old 14.04.2014, 17:53
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Re: Debt Collection

Austrian law.
Hmm, thats the Allgemeines Bürgerliches Gesetzbuch.
http://www.jusline.at/Allgemeines_Bu...ch_(ABGB).html

§ 918
Quote:
(1) Wenn ein entgeltlicher Vertrag von einem Teil entweder nicht zur gehörigen Zeit, am gehörigen Ort oder auf die bedungene Weise erfüllt wird, kann der andere entweder Erfüllung und Schadenersatz wegen der Verspätung begehren oder unter Festsetzung einer angemessenen Frist zur Nachholung den Rücktritt vom Vertrag erklären.
Unless your contract states something else, the gerneral contractual rule in Austria is: If you are unhappy with the service rendered you can either request fulfilment plus a penalty for a delayed delivery, or request fulfilment within a resonable time limit or cancealtion of contract if there is still no fulfilment.

Do not expect anything else then requests for payments if you do not follow the procedures set by the law.

As state above: Registred mail is the way to go for this.
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