Invalid collection costs

Questioner

I have a subscription with a personal coaching company. No payment has been made since February. I missed this. The reminders were sent by email. Unfortunately, I did not receive the emails that were sent. I check my mailbox and junk mail daily. The outstanding amounts were then forwarded to a collection agency. For me, this was the first payment reminder. The collection agency sent an email with the request to pay 122 euros without specification. After calling, it turned out that the collection costs of 40 euros had already been calculated. After contacting the creditor, I repeatedly asked for proof, specification of the outstanding invoices. I received screenshots from the creditors for the months of February, March, April and May. Three reminders per month. Each month, with the first reminder, I only saw the amount with the request to pay within 4 days without an invoice number. With reminder 2, an additional 5 euros in administration costs were added with the request to pay within 4 days without an invoice number. In reminder 3 the administration costs were 10 euros with the invoice number and message: We urgently request you to pay the outstanding amount within 14 days after the date via the button above. Since I received screenshots I could not get the full text. In reminder 3 it states: Important: If you do not pay this notice (on time), we will have to hand over the claim for collection to the collection agency. After some research I have come to the following points: - I have asked for specifications and invoices several times. However, I have not received them in addition to the screenshots. - I never received the emails. According to the Legal Desk, a reminder via email is legally valid. But what about confirmation of receipt? - I first received reminders 1 and 2, where reminder 2 already included administration costs. After investigation it turned out that administration costs fall under collection costs. - I only received the 14-day reminder email in reminder 3. This means that the administration costs are not valid. Is that correct? - The 14 days (reminder 3) is not valid because it states 'Within 14 days after date'. Is this correct? - Does this mean that due to the above errors, no collection costs of 40 euros should have been charged to the collection agency? I have already sent an email with a sample letter from www.schuldinfo.nl, only to this the creditor responds that it was sent legally valid. They also offer me to pay the first reminder without additional costs. Only it is again unclear what they are referring to. After asking for specifications several times, I also indicated that I am prepared to pay the principal sum without administration costs, collection costs and unknown amounts. What are my actual rights? And what steps can I take? I am aware that I could have prevented this. Unfortunately, it escaped my notice. Given that I was only able to take action after I received the debt collection agency's claim, which was also my first reminder.

Lawyer

The creditor must send the 14-day letter to the consumer-debtor in which no additional costs may be charged. This may only be done for collection after the default has occurred. An email with a 14-day letter is legally valid if the sending can be proven. The letter is deemed to have been received immediately.

Questioner

I have already paid all the principal amounts without the administration costs and the collection costs. The creditor states the following about the administration costs: 'The costs that we charge are actually the costs that we incur to handle the administration that comes with it if you do not make your payment on time. They therefore do not fall under collection costs and have been charged lawfully'. Is this correct? I have asked for specifications about the invoices several times, but I only receive screenshots of half an email via email and described via email: invoice number/date/amount. After several emails and even chat, since they do not answer the phone, I asked for payment details, since I have not received an email and therefore cannot pay via the payment link. They finally emailed the payment details today stating that I should receive the principal sum + administration costs tomorrow. Is this possible?

Lawyer

The 14 day letter must be a reminder free of charge for you. Additional costs may absolutely not be charged until the permitted time has expired. See WIK law .