Incasso Problemen? Ontdek je rechten


Vraagsteller

Hello, I have a question regarding an 'Incasso' company claiming a debt from 3 years ago. While working in The Netherlands (I don't work nor live there anymore ) I had a service (which I thought it would be covered by my insurance). I've never received any invoice nor request to pay any amount. After 4 months I moved out to a new address but kept my mail forwarded for a few months. Still haven't received anything from that company. 3 years later I receive an email from an 'Incasso' company asking to pay, in 5 days, the alledged debt plus fee and interests (a little over 1000 € in total) or they threatened me with legal actions. If I own any money, I'm willing to pay, but, because the company didn't sent any invoice nor tried to reached me by email (which I would've get), I don't want to pay an Incasso's company fee. Could you please tell me what are my rights? Do I really have 5 days? It is worth to present this to a lawyer or go through legal actions for that 'small' amount of money? How do I know, if I pay, that the Incasso company is really working for the company that provide me the service? (I contacted that provided me the service but after a few days I had no answer so far). Thanks!

Jurist

The debtor is responsible and has to present a relevant adress or e-mail adress. If you lack this information 'verjaring' limitation period of 5 years will not commence. Therefore I recommend not to start a legal procedure in this case. If you are living in Europe an international procedure of incasso is easy.

Jurist

One thing that may be worth pursuing a bit further, is the fact you say you never received an invoice or reminder when you still lived on the old address. You could ask when the company sent you the invoice and reminders and to which address. Also you should ask them to proof that those letters, if sent at all, were received by you or at least delivered to that address. Probably the company can't proof that, which would be a good reason for you not having to pay the extra fees.

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