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-   -   Letter from ecollect.ch (https://www.englishforum.ch/transportation-driving/250647-letter-ecollect-ch.html)

rob1 31.03.2016 17:30

Re: Letter from ecollect.ch
 
Euro parking hahaha throw it in the bin

alemap 31.03.2016 17:55

Re: Letter from ecollect.ch
 
As well as evidence, power of attorney, proof they can operate on behalf of the Council or local authority, wouldn't they also need to show that there has been a judicial judgement of some kind against you, based on the evidence?

This all seems very inflated, and I'd assume only a fraction of people would pay on such a flimsy looking demand.

rob1 01.04.2016 08:21

Re: Letter from ecollect.ch
 
Quote:

Originally Posted by daffy99 (Post 2555420)
Honestly? I think you should support their innovative business model - they are a startup technology company with venture capital, FinTech sector, want to expand across Europe. What's there not to like?

Regarding their demands? It's just looks like factoring or plain debt collection. Pretty legal everywhere on this planet.

Has the parking fine any merit? That's your problem and that's what you need to challenge.

Hopefully you know the difference between a debt collection agency and a bailiff.

catandmouse 01.04.2016 19:14

Re: Letter from ecollect.ch
 
You need to make a distinction between fines (or whatever newfangled words they have for these) issued by the police, local authorities or anything official, and those issued by private companies. The latter are civil matters and are much more difficult to enforce. Hence the strong-arm methods used by the debt-collectors trying to do so. Interestingly in Switzerland you are only obliged to pay the amount on the original bill and none of the fees of the debt collection agency.

doropfiz 01.04.2016 19:55

Re: Letter from ecollect.ch
 
Quote:

Originally Posted by catandmouse (Post 2565888)
Interestingly in Switzerland you are only obliged to pay the amount on the original bill and none of the fees of the debt collection agency.

That's interesting. Could you please provide a link setting this out? That would help me help someone else, right away. Thanks.

Treverus 03.04.2016 21:08

Re: Letter from ecollect.ch
 
Quote:

Originally Posted by doropfiz (Post 2565902)
That's interesting. Could you please provide a link setting this out? That would help me help someone else, right away. Thanks.

Just for the record - it is totally legal to charge you a reasonable percentage of interest on money owed. But we are talking about a few percent per year... that's called Verzugszins.

Any additional charges for the effort to make you pay are illegal. Any company can send you three reminders and then make an official and very cost efficient Betreibung. If they decide to use an Inkasso company is it their job to pay them. Here is the source with a template letter to tell them to go f($& themselves...

http://www.konsumentenschutz.ch/them...jUaxoCwEbw_wcB

Landers 03.04.2016 21:48

Re: Letter from ecollect.ch
 
Quote:

Originally Posted by catandmouse (Post 2565888)
Interestingly in Switzerland you are only obliged to pay the amount on the original bill and none of the fees of the debt collection agency.


Also the case in the UK, unless you have agreed to such costs in any contract.

rob1 03.04.2016 22:58

Re: Letter from ecollect.ch
 
As hinted at earlier there is a huge difference between a DCA and a bailiff. DCA tell them to piss off.

doropfiz 03.04.2016 23:24

Re: Letter from ecollect.ch
 
Quote:

Originally Posted by rob1 (Post 2566709)
As hinted at earlier there is a huge difference between a DCA and a bailiff. DCA tell them to piss off.

Please, what are the official Swiss terms (in German? in French?) for a "DCA"? (not actually sure what that means in English)
And for a bailiff?
Thanks. Then perhaps I'd learn the difference.

rob1 04.04.2016 01:07

Re: Letter from ecollect.ch
 
DCA = debt collection agency

Landers 04.04.2016 01:52

Re: Letter from ecollect.ch
 
If you tell a debt collection agency to piss off you effectively tell them go away or take me to court, and they just might.

rob1 04.04.2016 08:20

Re: Letter from ecollect.ch
 
All depends if they have the right to the claim doesn't it.

proshut 04.04.2016 09:13

Re: Letter from ecollect.ch
 
Quote:

Originally Posted by babaroga (Post 2555410)
Hi all,

I have recently received a letter from company called eCollect. They are demanding a payment for some parking fine that was made in some other country outside EU and Switzerland back in 2014. I cannot recall ever receiving parking fine over there.

Apparently they either bought the loan or acting on behalf of European Parking Collection, which is one of those, and eCollect.ch is registered in Zug.

I have no idea on how they got onto my details and how they can request a payment?

Is this legal in Switzerland and shall I report this to local Gemeinde and Police?

Many Thanks

Then why is the phone number in Germany? (country code : +49)... fishy!

Treverus 04.04.2016 09:41

Re: Letter from ecollect.ch
 
Quote:

Originally Posted by Landers (Post 2566739)
If you tell a debt collection agency to piss off you effectively tell them go away or take me to court, and they just might.





No, not in Switzerland. You do not get sued to pay a bill, you get a Betreibung. Thats a special claims system unique to Switzerland. And there is nothing to be afraid of it - anyone who wants money from you will need to prove their claim. Something they have not done so far. Then do you of course not have to pay for the illegal costs typically slammed on your bill.


Long story short: Debt collecting agencies in Switzerland do everything to avoid the actual legal route - cause they know that they cannot make money with it. So they rather send you another angry pseudo legal threatening letter that it will get much more expensive if you wait longer and don't pay immediately... which is simply not true.

Samaire13 04.04.2016 11:26

Re: Letter from ecollect.ch
 
Quote:

Originally Posted by proshut (Post 2566767)
Then why is the phone number in Germany? (country code : +49)... fishy!

+1

Would have guessed this is a scam for sure :confused: But then I googled a little and it seems legit :confused:
http://www.startwerk.ch/2015/01/27/e...-per-whatsapp/ http://www.20min.ch/schweiz/news/story/12520181 (German only)

Urs Max 05.04.2016 01:44

Re: Letter from ecollect.ch
 
Quote:

Originally Posted by doropfiz (Post 2566722)
Please, what are the official Swiss terms (in German? in French?) for a "DCA"? (not actually sure what that means in English)
And for a bailiff?
Thanks. Then perhaps I'd learn the difference.

DCA, debt collector agancy, is an Inkassofirma in swiss German.
Bailiff is a Gerichtsvollzieher. Even though the term exists the job/position doesn't exist in Switzerland (but it does exist in Germany)
Quote:

Originally Posted by Landers
If you tell a debt collection agency to piss off you effectively tell them go away or take me to court, and they just might.
Quote:

Originally Posted by rob1
All depends if they have the right to the claim doesn't it.


Nope, doesn't matter if they do. Or try, rather as the debt hasn't been proven yet.

But assuming instead that there is indeed a debt the debtor owes
- the original debt (or remainder if already partially paid)
- interest (Verzugszinsen) of no more than 5% p.a. (pro rata where applicable)
- the cost for the Betreibung itself (offcial fees, regulated; amount depends on the sum owed, typically 100-200CHF)

Code of obligations (Obligationenrecht) article 106, which the debt collectors usually refer to, does not apply. What does apply however is Schuld- und Konkursgesetz article 27 (SchKG art. 27) (no english version) which says that ...
"...
3 Niemand kann verpflichtet werden, einen gewerbsmässigen Vertreter zu bestellen. Die Kosten der Vertretung dürfen nicht dem Schuldner überbunden werden."

... thus if the creditor appoints a debt collector they are not paid by the debtor but rather by the creditor. So indeed, OP do tell them to STFU and stuff it where the sun doesn't shine (in a non-punishable way of course).

Generally speaking if after paying the debt (assuming there is indeed a debt) they keep harassing you they may be prosecutable under criminal code article 181, coercion (Nötigung). If on the other hand they keep harassing you despite being unable to prove their case that's probably coercion as well. I'm quite positive mentioning that in a registered letter plus forbidding them to contact you any more (and of course that you reserve the right to report them if they keep contacting you) will get you your peace back.

bigblue2 01.12.2016 15:11

Re: Letter from ecollect.ch
 
been getting letters from these clowns now for the dart charge, threats are getting more :) lets see how far they take it before I fold and pay them the 3chf original charge lol

Textoch 01.12.2016 16:59

Re: Letter from ecollect.ch
 
Quote:

Originally Posted by bigblue2 (Post 2701144)
been getting letters from these clowns now for the dart charge, threats are getting more :) lets see how far they take it before I fold and pay them the 3chf original charge lol

Too bad bills in Switzerland must be paid by transfer. Sending a payment by post with 60 5-centime coins Scotch-taped onto the remittance slip would be gratifying in this case, IMO.

Medea Fleecestealer 03.12.2016 21:27

Re: Letter from ecollect.ch
 
This might cheer all of you up. :D

"A spoof news site has released a charity song for Christmas, mocking an infamous river crossing.

Southend News Network's song "Dartford Tolls" has been viewed more than one million times on Facebook and YouTube.

Written by the site's creator, the ditty slams the Essex to Kent crossing's regular traffic jams and "extortionate" toll charges.

Southend News Network's "chief reporter" said the aim was to raise "as much money as possible" for charity."

http://www.bbc.com/news/uk-england-essex-38180535

catandmouse 28.06.2018 08:57

Re: Letter from ecollect.ch
 
This is clearly a civil case and not a criminal case, so you won't have the police getting involved in this.
Have you received any documentation relating to the claim? Any detailed invoices? If you want to deal with the claim, these would be the first things to go for. That will allow you to determine what amount you really need to pay (paying 250 or so CHFs for the Dartford crossing seems like extortion, when in reality you probably only need to pay the original toll plus interest for late payment).
If you ignore this completely, the only way they can move further is "poursuite" or "Betreibung" which you can simply contest. After that, they have to take you to court, which they may or may not do, as it's a lot of bother for them, as the burden of proof of the debt is on them.


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