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Old 08.01.2020, 18:03
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Debt collection

Hello,
I received a letter from the debt collection agency today for not paying my basefit gym membership fees. I thought I cancelled in time but since I moved apartments shortly after, I never received the 2 reminders.
The bill shows the original amount+interest+art 103/106 charges+ fee for finding my new address.

My questions:
-I understand from the forums that I'm not required to pay the art 103/106 charges but what about the fee for finding my address?
-Who should I pay? Can I pay basefit directly the original amount+interest+mahngebŁhr (2 reminders that I never received)?
-After I pay, will I avoid any betreibungs on my record?


Thanks a lot!

Last edited by asmpic; 08.01.2020 at 18:12. Reason: edits
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  #2  
Old 08.01.2020, 21:03
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Re: Debt collection

- Is it certain that you cancelled to late?
- Did you give them your new address? If not it is your fault and problem that you did not get the reminders, also if the costs for finding you are reasonable you have to pay them.
- Did you get a letter from a debt collection agency or did they start Betreibung?
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  #3  
Old 08.01.2020, 22:30
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Re: Debt collection

Quote:
- Is it certain that you cancelled to late?
- Did you give them your new address? If not it is your fault and problem that you did not get the reminders, also if the costs for finding you are reasonable you have to pay them.
- Did you get a letter from a debt collection agency or did they start Betreibung?
-yes, when I received the confirmation for the cancellation I just assumed that it was dated for 2019 but now that I checked it was dated for Oct. 2020 which means I didnít cancel in time.
-yes, I understand itís my fault for not telling them my new address. Since I mistakenly thought my membership was cancelled, I didnít think there was a further need to let them know my address changed. The fee isnít unreasonable so then I will pay that as well.

- yes, the letter was from ideal payment which I assume is the debt collection agency.
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  #4  
Old 08.01.2020, 23:48
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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.
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Old 09.01.2020, 00:08
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Re: Debt collection

Quote:
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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Old 09.01.2020, 00:12
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Re: Debt collection

Quote:
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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.
Somebody else will have to answer that, I have no experience in Switzerland with paying directly instead of towards an incasso-agency.
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  #7  
Old 16.01.2020, 17:38
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Re: Debt collection

I sent them a letter using one of the templates outlining that I'm not required to pay the Art 103/106 charges and instead have paid all other charges.

I just received this letter from them today. Are they just trying to scare me into paying and I can just ignore it or do I need to just pay up?

Thanks a lot!
Attached Files
File Type: pdf collectionletter.pdf (173.6 KB, 43 views)
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  #8  
Old 16.01.2020, 18:48
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Re: Debt collection

To whom did you pay, and when did you pay?
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  #9  
Old 16.01.2020, 19:58
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Re: Debt collection

I paid Ideal payment (collection agency) on the same day I sent the letter (14.01). They probably didn't get a chance to check their account for the payment which is why they said that I still owe the full amount.
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Old 19.01.2020, 14:03
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Re: Debt collection

Does anyone have any experiences with this or do I just need to pay up?
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