Collection

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Steps to be taken in this procedure

  1. With the last reminder of the client, the client stipulates that the is claim is being transferred to VANDIJK lawyers for collection. VANDIJK lawyers sends the last standard letter to the debtor on behalf of the client.
  2. In case of non-payment by a debtor, the client forwards a copy of the general terms and conditions (for insofar as they do not have these as yet), a copy of the invoice, the reminder and the necessary correspondence to VANDIJK lawyers.
  3. Within two days of receiving the documents, VANDIJK lawyers sends a first collection letter to the defaulter in which the interest and collections costs are immediately claimed. The term of payment, in the case of the debtor being a company, will be 7 days. The term of payment, in the case of the debtor being a consumer, will be fourteen days. The interest is charged up to seven or fourteen days of the date of the first letter.
  4. After this letter, the debtor is contacted by telephone in order to again try to avoid issuing a summons by means of amicable payment by return mail, or by making an arrangement, obviously in consultation with the client.
  5. Immediately after the passage of a period of seven days, the second collection letter is sent to the defaulter. The interest and collection costs are added to the principal sum. The payment is deadline is within three days. Notice is also given of the (costs of the) summons and the bailiff’s costs in this letter in case of non-payment.
  6. If payment is still not forthcoming, the client is consulted as to whether the collection procedure will be continued.

Costs for the client

  1. The collection activities of point 3 and point 4 are, far as possible, charged to the debtor in accordance with the notification of the costs in the collection letters. However, a condition is that a minimum amount in collection costs, upon collection, is included in the general conditions of the Client. Should that currently not be the case, you are urged you to consider including this in your general terms and conditions.
  2. In case of payment of the full amount claimed up to and including point 4, the amount of the principal sum and the collected interest go to the Client, while the collection costs accrue to VANDIJK Lawyers. It therefore costs you nothing!
  3. In case of the debtor only paying the principal sum and not the costs or in case of full payment not being forthcoming after point 3 and 4 and you decide not to institute legal proceedings: The client also pays VANDIJK Lawyers, besides the calculated collection costs, the bailiff’s costs and the court fees for any costs awarded, in advance. VANDIJK Lawyers continues with the collection on behalf of the Client (up to and including the Courts) until the entire claim (therefore including interest and collection costs) has been settled. These activities will take place at an hourly rate of € 98.00 per hour excluding VAT. Any possible collected bailiff’s costs and court fees accrue to the Client entirely. Or Client pays VANDIJK Lawyers 15% of the principal claim with a minimum amount of € 65.- (excluding VAT), after which no procedure is conducted and the file is archived. If you did not agree on a minimum amount for collection costs, as set out in point 6, with your corporate debtor, you pay the collection costs to VANDIJK Lawyers in accordance with the Extra-Judicial Collection Costs Regulation Act. You are referred to the link below for the percentages that are then used: www.rechtspraak.nl/Procedures/Landelijke-regelingen/Sector-civiel-recht/Pages/De-staffel-buitengerechtelijke-incassokosten-(BIK)-vanaf-1-juli-2012/aspx.
  4. In case of dispute or the debtor failing to pay the claim up to point 6, activities, such as conducting correspondence and compiling procedural documents, from the time of initiating legal proceedings (including editing a collection summons), will take place at an hourly rate of € 98.- (excluding VAT). This hourly rate may be adjusted if the case is taken over by a lawyer.
  5. If legal proceedings follow a disputed or claim left unpaid up to point 6, the following costs should be taken into account: – In case of the Sub District Division of the Court, the hourly rate of a legal officer – In case of the Civil Division of the Court, an hourly rate of a lawyer selected by the client.
  6. The size of the claim determines whether the proceedings should be filed with a Sub District Division of the Court or with the civil Division of the Court. Claims above € 25,000, – have to be heard by Civil Division of the Court, where Parties appearing have to be represented by a lawyer.

Communication with the client

Arrangements will be made with the Client as to the manner in which and how frequently you will be informed of the steps to be taken by VANDIJK Lawyers. Our General terms and conditions apply to this regulation. These can be found on our general terms and conditions page.

Collection

Deze medewerker is gespecialiseerd in incasso:

Submit your collection claims via this form

  • Data debtor
  • Claim