Forums » Netherlands » Legal Problems in the Netherlands

• vdejong

  
   

  March 17, 2011 6:27:15 PM CET

  We were (dreadfully) late with paying a bill in January... We paid on Feb 15th, and a week later received a from an Incasso bureau dated Feb 17th stating we owed such and such amount plus a 75+ euro Incasso fee. We had already paid it on the 15th, and in our eyes we owed nothing more. If we paid on the 15th and the Incasso drew up the letter on the 17th, and sent it out even though we had aready paid, isn't that their error? Now they are calling and telling us that we need to pay the incasso fee of 75+ euros. That is ludicrous, isn't it?
• pepec

  

  • 2359 posts
   

  March 17, 2011 7:00:24 PM CET

  Yes it is. Don't pay.
• betsie

  
   

  March 17, 2011 7:20:44 PM CET

  I think it might depend on what your final reminder said: if they said "pay by a certain date, or we will hand it over to an incasso buro", and you missed paying by that date, then you are probably liablefor the costs incurred.
• pepec

  

  • 2359 posts
   

  March 17, 2011 7:23:26 PM CET

  But since the incassoletter is dated the 17th and the payment the 15th, I think VdeJong has a pretty strong case.
• peony

  

  • 790 posts
   

  March 17, 2011 7:35:15 PM CET

  Yeah, I think they prepare this bills in advance and send them out sometimes by mistake. You should fax them the copy of bill/internet payment to show that you paid before that date.
• betsie

  
   

  March 17, 2011 7:42:42 PM CET

  
  

  pepec (Mar 17 2011, 06:23 PM) said: > original post
  But since the incassoletter is dated the 17th and the payment the 15th, I think VdeJong has a pretty strong case.

  
  
  
  
  I think so too, but I can see how the incasso buro might reason: if the final reminder stated, for example, "pay by the 12th or this case will be placed in the hands of an incasso buro," then the buro would already have the case on its books by the 15th, when the bill was paid.
  
  Just guessing, I'm not a lawyer.
• joel1

  
   

  March 17, 2011 8:34:56 PM CET

  incasso bureaus are big business here. If you can prove that they acted in error than fight it, but if not, then you are better off just paying. there is a guideline on how much they can charge....you can find it here.
  
  http://www.rechtspraak.nl/Naar+de+rechter/...ctor+kanton.htm
  
  I have been told that judges stick to these numbers.
  
  Good luck.
  
• vdejong

  
   

  March 22, 2011 2:52:24 AM CET

  Happy to report that after calling, asking to speak to the manager and asking why we were being charged for their mistake, and why they were trying to charge so much (more than they're allowed), they apologized and said that we didn't have to pay. We are very relieved. Thanks for that link joelposters. Thank you all for your input