Assistance with debt collection problems and payment arrangements
Questioner
Good evening, my question is about the following: I bought things online and was paying fine until I became unemployed. I buried my head in the sand and didn't pay. Very stupid. In January 2018, I received a letter from a debt collection agency stating that they had taken over my debt and that I had to pay them directly. I called them and made a settlement. In March, I received the first payment link as agreed. I paid properly until they forgot to send a payment link in June. I transferred the amount myself. Then, in July, I received a letter stating that I hadn't complied with the agreement, etc., etc. I immediately called and agreed to the claim, offering an apology and a 'new' payment plan. But as it turned out, they immediately added an interest claim of €183.10. The claim started at €4,307.32 in January 2019. On March 8, 2019, after a phone call, it was increased by €109.04 in interest, bringing the total to €4,416.36. This was added when I made a payment arrangement. It will therefore be settled immediately with the first payment. So, I paid €200, and only €90.96 went to the claim. The total amount after the first payment of €200 is now €4,216.36. My first question is: is all this legally permissible? Since I made a payment arrangement, right? Shouldn't that interest be charged at all? And then the next thing: I'm on time with my payments, and on June 27, the total is €3,616.36. Because they sent a letter stating that the payment had not been honored, which wasn't the case, the principal has suddenly become €3,799.46. Because they added an interest claim of €183.10? And was my July payment paid as €183.10 interest and €16.90 claim? The principal is now €3,599.46. Is this allowed? That's my second question. And now my third question, because of all this, I no longer trust it and would like an overview of the debt as they acquired it. I'm no longer known to the original creditor, so I can't check it there. I'm just paying it, but I also want to see how much debt they initially acquired. Is this possible, and are they even required to send me an overview? Thank you in advance for your answer.Questioner
If this had been a consumer purchase, then even after two years there would have been nothing left to claim; it is a strict limitation period; perhaps you can still bring this up.Questioner
Your first question, whether statutory interest can be charged, must be answered affirmatively. This also applies to the calculation during a settlement. Some agencies do it, others don't; that's a matter of discretion. Your second question, whether your repayment can be used first for the interest and then for principal repayment, must also be answered affirmatively. This is stipulated by law. However, you should be aware that you are charged the "statutory interest," not the "statutory commercial interest" (I put the term in quotation marks to clarify the difference). You can do your own calculation at www.wettelijkerente.net. Finally, your third question: whether the buyer of your claim is required to provide insight into what was purchased. The answer is yes. Legally, the buyer of a claim is also obligated to provide you with insight into the purchase agreement (with the understanding that matters that do not concern you (such as the purchase price) may be redacted).Questioner
Thank you very much for your answers. @Monique Ferwerda, yes, I could argue that, but I incurred the debt, so I should pay it. Besides, my last chance to pay the creditor (not the one who bought it off) was in December 2017. So the statute of limitations doesn't apply in this case. @Marc van Rosmalen, I'll look up the difference between these interest rates right away, but my problem is how exactly the interest is calculated. On the website, they state that "interest costs are calculated until the entire claim is settled and are currently at 0%," but below they state the interest rate is 12%. Is that interest calculated on the entire claim? I don't quite understand that. If the entire claim is settled, what are they going to charge interest on? Because I've already paid €292.13 in interest. And finally, I understand the purchase price is none of my business, but I do deserve to know the original amount of the debt, right? That way, I can see what costs they're charging me, like collection fees or whatever they want to call it. And then I can also check whether they're calculating the statutory interest correctly. I would like to thank you both very much for your time and answers. Yours sincerelyTake the next step
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