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Old 24.10.2012, 16:44
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Legal advice provided by the Kanton?

Hello,
I'm not sure if this is the right forum, but I really need some advice. Main point is that legal advice on how to fight a "zahlungsbefehl". In December 2010 I moved out of a flat. In March of 2012 I received a payment reminder. By then I just moved to a second flat, so my old building "verwaltung" did not have the new adress, so I assume that this is why I have not received the first bill. I contacted the company asking what is the bill for since there was no explanation other than this is a reminder regarding the CHF 25.55. I wrote to the company saying that I'd like to understand for whattime period this is since I have not lived in that place for 14 months and expected that all bills were paid off during 2011 and the hand off process. I sent 4 emails and received no response. I received another reminder in August, so I escalated the issue to all the people whose name I could find on the letter, since obviously the person I was originally contacting, was not helping. I also tried calling and left a message with a colleague, but obviously no response.

So as of the end of August I received an email reply that they are looking at my request for an explanation of the bill. In the mean time, the person who said this mentioned that she is goign on vacation and will deal with it when she is back. I informed her that when she is back, I will be away.

And so we come to last thursday, Oct. 18th where she rights me an email explaing what the bill was for (clear, perfectly fine) and that I owe "debt collection fees", which are more than twice the measly chf 25.55... I was only able to read the email on Friday, but by then I transferred the Chf 25.55 and asked her to explain why she expects me to pay the debt collection fees if the reason the bill was not paid was because no one from the company cared to inform me what it was about? (She had a copy of every single email I sent them from the time I escalated the issue in August).

On MOnday I come home to a lovely letter from the Betriebsamt calling me to come and pick up the official notification of the Debt collection...

now I have 10 days to appeal. While I speak German and have been dealing with the case in German so far, now I need someone who speaks it fluently and who knows how I can fight against this. I very clearly stated in March I would be happy to pay the bill if they just explained to me what it was for...

Are there any legal services available that could help me with this without charging me an arm and a leg?

Thank you for your help and advice.
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Old 24.10.2012, 16:46
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Re: Legal advice provided by the Kanton?

You can try these links in this thread:

http://www.englishforum.ch/daily-lif...f-library.html

Unentgeltliche Rechtsauskünfte

http://www.zav.ch/service/rechtsauskunft.html

http://www.beobachter.ch/familie/art...s-auch-gratis/

http://www.palombo-rechtsanwalt.ch/

http://www.egli-law.ch/konditionen/

http://www.blick.ch/life/ratgeber/ko...h-id71554.html
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Old 24.10.2012, 16:57
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Re: Legal advice provided by the Kanton?

I would just suck it up, the lesson to learn is email is not writing to someone - registered letters achieve that goal.

You might try showing your emails but you have no confirmation that it was received. For 25 francs plus costs, I'd not waste my time. I also believe this on your record will not upset anybody. It's low and it's alone.
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Old 01.11.2012, 11:12
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Re: Legal advice provided by the Kanton?

Thank you for all the links, I did use the Rechtsauskunft and the lawyer had a good laugh about how poorly i was treated.

Regarding the emails, I have actual "read receipts", so I know they've received my emails. Eventually, as of September when I escalated the issue, I have actual replies, but not with an actual answer but rather "we confirm we have received your inquiry, we will look at it when blah blah is back from vacation".

I actually had my swiss colleague call the agency (as they were not picking up my calls) and speak to the first woman I was trying to get in touch with. She claimed I was writing her in English and she didn't understand. SHe also said that they didn't have my new home address so she couldn't send me the new bill (as if replying to the email with the question about the new address would be too hard). In any case, my swiss colleague, after the conversation, apologized to me for being treated this way, clearly because I was a foreigner. My Swiss colleague and the woman agreed to have another call regarding potential solutions the following day, however the agency remained silent.

Not to mention that the bill they sent, which was finally explained (1 day before the Zahlungsbefehl was issued), includes 5 months of costs, for which the new tenant should have been charged.

I am now following the advice of the lawyer and while I have every right (and proof) that I was correct, I'm not sure I'll get any fair treatment from them.

I have admit that I am extremely bothered by the prejudiced treatment I have encountered on multiple occasions, despite being a "productive member of the society" for 7 years...
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