Legal Assistance with Debt Collection Problems | Legal Aid

Questioner

Hello, It may be a bit of a complicated story, but I will try to explain the problem as best I can. Last September 2013 I was suddenly called by a collection agency that I had to pay an invoice. It turned out that it was an invoice from an association. An invoice was sent by email, but I never received anything by post. It soon became apparent that all invoices had been sent to my old address. After changing the address, the magazines from the association were sent to my correct address, but not the invoices. After a long exchange of emails, an agreement was made by email (I doubt whether there was an agreement by email) that I had to pay the invoice within 2 weeks. Another invoice was also sent, with the subject payment reminder. I eventually paid this invoice, because I thought it was about that invoice. After a few more weeks, an email was sent that the invoice had not been paid, and again I had not received anything by post, while now they really should have my correct address. It turned out that there were 2 invoices outstanding. The collection agency is processing the invoice from 2012 and the association only sent a payment reminder from 2013 by email. In the email exchange it was never explained that there were 2 invoices open and that I had to pay 2 invoices within 2 weeks. After the email agreement I paid the invoice from 2013 and thought that it was settled then, I also asked for confirmation of the payment to be sure because I was not sure whether it had gone well. I then received an email back that it was in order. Now they still want to recover the collection costs from me. I recently paid the invoice from 2012 as well, only without collection costs because I do not agree that I have to pay that, I explained that it was a misunderstanding, that I never understood that it concerned 2 invoices. I am now not allowed to contact the association and the collection agency wants to see collection costs otherwise a summons will follow. Again I have never received anything by post everything went by email. Do I have to pay the collection costs?

Lawyer

As for the threat of the summons, you don't have to worry about them coming to empty your house. The case must first go to court. In most cases, it just doesn't get that far because the costs of litigation are higher than the outstanding amount. In this case, you indicate that you have already paid both invoices from 2012 and 2013. However, you should file a written defense against the collection costs. Indicate why you disagree with the claim, namely that you never received the invoices because you moved. You can also prove this. The association itself sent the invoices to the wrong address. The collection costs are therefore not for your account. For individuals who have not hired a lawyer, debt collection agencies will try to continue until everything has been paid (including the collection costs). Most people are not aware of their rights. Incidentally, no one can forbid you to contact the association.