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Old 12.01.2017, 17:47
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Swiss Code of Obligation - question....

Hi

To cut a long story short, I am wondering if someone can help with the correct Swiss Code of Obligation article number, I have to quote it in a letter to a company.

Due to some confusion I am late in a couple of payments, and they have been referred to a third party agency for collection, whom have added hefty late fees to the original bill. I spoke to a very helpful person yesterday at another agency who said that according to the Swiss Code of Obligations there is an article which states you don't have to pay these late fees, they can only ask for them but are not legally able to enforce them. I should pay the original bill with the late fees, But I must write a letter stating swiss code of obligation and the article number, which she couldn't remember. I have had a look through and its all a bit baffling, does anyone know the one she was referring to?
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Old 12.01.2017, 17:56
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Re: Swiss Code of Obligation - question....

https://www.debitors.ch/fr/services/...u-recouvrement
One of these (google translate them).
Anyway it seems depending on their interpretation anyway.

I think its related to "intra justicium" or something no?

Anyway I vaguely remember that one had to pay the debt to the original company and bin the threatening letters.

To be verified.
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Old 12.01.2017, 18:14
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Re: Swiss Code of Obligation - question....

It's not part of OR, but in a different code.

Art. 27 Abs. 3 SchKG: "Niemand kann verpflichtet werden, einen gewerbsmässigen Vertreter zu bestellen. Die Kosten der Vertretung dürfen nicht dem Schuldner überbunden werden."
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Old 12.01.2017, 18:27
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Re: Swiss Code of Obligation - question....

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It's not part of OR, but in a different code.

Art. 27 Abs. 3 SchKG: "Niemand kann verpflichtet werden, einen gewerbsmässigen Vertreter zu bestellen. Die Kosten der Vertretung dürfen nicht dem Schuldner überbunden werden."
You mind if I copy this post to a new thread and stick it? It's the sort of thing that would be useful in future?
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Old 12.01.2017, 18:28
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Re: Swiss Code of Obligation - question....

Sure, no problem
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Old 21.06.2017, 13:05
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Re: Swiss Code of Obligation - question....

So just to confirm, I am a bit behind on my bills, one got to be more behind than expexted and it went to intrum justicia or something like that. So they threatened me to pay the bill of 440 plus an additional 260 Francs in fees. Legally I only have to pay the 440 correct? Do I pay the original bill or to Intrum and send a letter qouting the code above?
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Old 21.06.2017, 13:13
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Re: Swiss Code of Obligation - question....

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So just to confirm, I am a bit behind on my bills, one got to be more behind than expexted and it went to intrum justicia or something like that. So they threatened me to pay the bill of 440 plus an additional 260 Francs in fees. Legally I only have to pay the 440 correct? Do I pay the original bill or to Intrum and send a letter qouting the code above?
I don't have time to search now but if you have a look through the threads, searching for Interim Justicia, there is loads of information on them. They seem like chancers adding their own cut to debt collection but aren't legally enforceable.

Seems many people on here have had dealings with them.

Good luck.
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Old 04.07.2017, 17:01
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Re: Swiss Code of Obligation - question....

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So just to confirm, I am a bit behind on my bills, one got to be more behind than expexted and it went to intrum justicia or something like that. So they threatened me to pay the bill of 440 plus an additional 260 Francs in fees. Legally I only have to pay the 440 correct? Do I pay the original bill or to Intrum and send a letter qouting the code above?

I was told by another company that you need to quote the relevant code, which is in the comments above yours, and state that you will pay the original debt and the interest, but not their charges.
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