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Old 28.02.2019, 21:12
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Payment record removal

Hi everyone, if there is anyone who dealt with this situation in the past - please, help.

There used to be a road traffic fine which I did not pay because I was relocating to another canton and Mahnungs never got delivered. StVA went for the Betreibungsamt option so they have eventually reached me on the new address and I have paid the fine immediately to avoid problems in the future. At the same time I asked StVA to remove the record explaining that missing the payment deadline was not intentional.

It turns out that the record is still there. Too bad I find this out when I am looking for a new place. What are my options? To write to StVA again? If they ignore, should I go to the lawyer and force them to remove the record? Again, it is important that I did not have the intention to avoid the payment and have proofs of Kantonswechsel at that time.
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Old 28.02.2019, 21:13
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Re: Payment record removal

You did not pay it in time, thus the record.

Tom
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Old 28.02.2019, 21:21
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Re: Payment record removal

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You did not pay it in time, thus the record.

Tom

It's clear, what are the options to resolve it since it is not my fault? I did not live at that address anymore and did not have a new one since I was searching.
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Old 28.02.2019, 21:22
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Re: Payment record removal

You can't force them to remove it, and they wil not remove it since you made to many mistakes on handling this.

Only thing you can do is explain to the new landlord why this notation is existing and hope for the best.
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Old 28.02.2019, 21:24
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Re: Payment record removal

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You can't force them to remove it, and they wil not remove it since you made to many mistakes on handling this.

Only thing you can do is explain to the new landlord why this notation is existing and hope for the best.
What are the mistakes that you mean? They were sending the bill to the wrong address, how was I supposed to know about it? Or am I missing something
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Old 28.02.2019, 21:35
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Re: Payment record removal

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It's clear, what are the options to resolve it since it is not my fault? I did not live at that address anymore and did not have a new one since I was searching.


"road traffic fine" from the StVA? Going to Betreibung? A non paid fine would go to the court. Don't you mean a warning letter with fee because you were speeding.

Did you inform them about your address change, within the time specified by the law and before they actually sent the letter?

Did you have mail forwarding? You had to expect the warning letter and it was your duty to make sure you are able to receive the it.

Your fault, your problem, your bad mark. Do not see how you could force them to remove it.
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Old 28.02.2019, 21:43
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Re: Payment record removal

It'll stay on your Betreibungs Auskunft records for the next 3-5 years.

This will certainly stand in the way when applying for a flat, and in many cases a job (at least in banking).

It's your own responsibility to ensure that post reaches the correct address / you are registered at the Gemeinde when moving around.

Your only recourse is to discuss with the StVA whether they will retract it.

Sorry to not be able to give better news.
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Old 28.02.2019, 21:43
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Re: Payment record removal

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"road traffic fine" from the StVA? Going to Betreibung? A non paid fine would go to the court. Don't you mean a warning letter with fee because you were speeding.
No, it did not go through court for some reason. Regular registered mail from Betreibung. Maybe because it was just a regular bußgeld for +5kmh in the 50 zone. Seriously, I doubt you are expecting this kind of fines and send address updates to StVA every week while stay in Airbnb.
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Old 28.02.2019, 21:48
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Re: Payment record removal

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No, it did not go through court for some reason. Regular registered mail from Betreibung. Maybe because it was just a regular bußgeld for +5kmh in the 50 zone. Seriously, I doubt you are expecting this kind of fines and send address updates to StVA every week while stay in Airbnb.
Well, it's clear that you are not here legally, otherwise you would know where to register your address
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Old 28.02.2019, 21:55
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Re: Payment record removal

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No, it did not go through court for some reason. Regular registered mail from Betreibung. Maybe because it was just a regular bußgeld for +5kmh in the 50 zone. Seriously, I doubt you are expecting this kind of fines and send address updates to StVA every week while stay in Airbnb.
This just reads like another: The rules are stupid so lets bend them a little and I do it my way, and now that I got bitten due to my own behaviour this is all but my own fault and I want them to fix this.

Thing is..: This is your problem. If you changed address every week you should have found a proper solution for the mail to avoid this.
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Old 28.02.2019, 22:10
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Re: Payment record removal

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This just reads like another: The rules are stupid so lets bend them a little and I do it my way, and now that I got bitten due to my own behaviour this is all but my own fault and I want them to fix this.

Thing is..: This is your problem. If you changed address every week you should have found a proper solution for the mail to avoid this.
There’s no rules bending. From ch.ch:

Wenn Sie eine Betreibung vor Ablauf dieser Frist löschen lassen wollen, müssen Sie sich an das für die Betreibung zuständige Gericht wenden und nachweisen, dass die Schuld nie bestand oder dass sie bei der Ausstellung des Zahlungsbefehls nicht einklagbar war.

The only thing I wanted to know is whether my case falls under “nicht einklagbar” part. That’s it.
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Old 28.02.2019, 22:16
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Re: Payment record removal

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There’s no rules bending. From ch.ch:

Wenn Sie eine Betreibung vor Ablauf dieser Frist löschen lassen wollen, müssen Sie sich an das für die Betreibung zuständige Gericht wenden und nachweisen, dass die Schuld nie bestand oder dass sie bei der Ausstellung des Zahlungsbefehls nicht einklagbar war.

The only thing I wanted to know is whether my case falls under “nicht einklagbar” part. That’s it.
You should have done it during the "einklagbar part"
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Old 28.02.2019, 22:17
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Re: Payment record removal

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There’s no rules bending. From ch.ch:

Wenn Sie eine Betreibung vor Ablauf dieser Frist löschen lassen wollen, müssen Sie sich an das für die Betreibung zuständige Gericht wenden und nachweisen, dass die Schuld nie bestand oder dass sie bei der Ausstellung des Zahlungsbefehls nicht einklagbar war.

The only thing I wanted to know is whether my case falls under “nicht einklagbar” part. That’s it.
I ran that text through Deepl and it says:
Quote:
If you want a debt collection order to be cancelled before the expiry of this period, you must apply to the court responsible for the recovery and prove that the debt never existed or that it was not enforceable when the order for payment was issued.
It sounds like you're stuck, as the debt did exist and it was enforceable. It's your responsibility to keep your address updated. At the very least you should have had your mail held or forwarded, so that any important documents would arrive.

Someone correct me if I'm wrong on this...I believe if your mail is being officially held by the Post, then that extends the timeframe in which you have to pay a bill which was received while the mail was held. The clock starts after the hold expires. At least that's why we always put our mail on hold for holidays, in case bills arrive that we didn't expect (such as traffic fines)

I think the advice to explain to the landlord is best, but don't get into details or express your frustration. Tell them there was a mistake when you were moving home and you missed the bill and reminders, but that it was a small debt that's been paid.
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Old 28.02.2019, 22:17
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Re: Payment record removal

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The only thing I wanted to know is whether my case falls under “nicht einklagbar” part. That’s it.
No, it falls under the "I'm a stupid troll, and not a very good one" part.

Tom
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Old 28.02.2019, 22:20
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Re: Payment record removal

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No, it falls under the "I'm a stupid troll, and not a very good one" part.

Tom
Please, without insults, I am a female after all. I just asked for advice.
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Old 28.02.2019, 22:28
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Re: Payment record removal

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Please, without insults, I am a female after all. I just asked for advice.
We at EF strongly feel for equality and therefor belief that every being wether qualifying itself as woman, man, troll, non-binary or Apache helicopter to name just a few has an equal right to being called out, and also we strongly believe that all can be equally dumb.

But here is your case in short:

You failed to oblige to rules and therefor could not be found in time, you also failed to know the law which is your responsibility, you also think this is not your fault (than whose is it? ).

As for solutions, there is one, which luckily is very simple: Suck it up.
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Old 01.03.2019, 09:26
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Re: Payment record removal

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There’s no rules bending. From ch.ch:

Wenn Sie eine Betreibung vor Ablauf dieser Frist löschen lassen wollen, müssen Sie sich an das für die Betreibung zuständige Gericht wenden und nachweisen, dass die Schuld nie bestand oder dass sie bei der Ausstellung des Zahlungsbefehls nicht einklagbar war.

The only thing I wanted to know is whether my case falls under “nicht einklagbar” part. That’s it.
No it doesn't.
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Old 01.03.2019, 12:38
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Re: Payment record removal

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What are the mistakes that you mean? They were sending the bill to the wrong address, how was I supposed to know about it? Or am I missing something
Of course you are missing something - the part about being an adult and taking responsibility for ensuring that your mail is forward to you!
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Old 01.03.2019, 18:35
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Re: Payment record removal

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Please, without insults, I am a female after all. I just asked for advice.
then you should have thought twice before even getting behind the steering wheel. your place is on the back seat just like for any other woman that cannot drive properly
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Old 01.03.2019, 18:49
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Re: Payment record removal

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then you should have thought twice before even getting behind the steering wheel. your place is on the back seat just like for any other woman that cannot drive properly
Working on your reputation already then... let me guess you got something to sell...
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