Assistance with Debt Collection Claim and Limitation


Questioner

Good day, I received a letter from a debt collection agency regarding a claim from a large energy supplier on me. It would concern 3 unpaid invoices from the beginning of 2009. I have never received an invoice, reminder or notice from this supplier, and to my knowledge I have never been a customer there either. I have informed the debt collection agency that in my opinion there is a limitation period for such an invoice that has now been exceeded, and that I would like to receive a supply contract, the invoices, reminders and notices. They are now going to request these. The last message from the debt collection agency states that I should also immediately consider that message as an interruption of the limitation period. I am very curious about what my rights and obligations are in this regard?

Lawyer

The interruption is not legally valid if you rely on the limitation period. On the other hand, you can rely on the legal processing of the claim. Given the circumstances, it must be demonstrable that the claim has been publicized by the supplier in the past 9 months. The limitation period for suppliers is 5 years, as I am not mistaken.

Lawyer

He who claims must prove. Claims from 2009 are time-barred if not stopped in time, i.e. before 2014.

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