Collection agency (Switzerland)
Collection agencies , even collection agencies and collection agencies called, are service companies that the entry of foreign claims to offer.
Services
Collection agencies are not subject to any government supervision or certain statutory regulations . Be it with the debt collection commissioned , so they are open to the terms of the enforcement of the claim the same opportunities as their client.
The limits are set by the criminal law. The threat of "serious disadvantages" such as the deterioration in creditworthiness in the event of non-payment should already constitute coercion ( Art. 181 StGB ), but not the announcement of debt enforcement (for which no warning is necessary anyway ).
Industry associations
The largest national industry association, the Association of Swiss Collection Trust Institutes (VSI), currently has 31 federal debt collection companies as members and has drawn up binding professional standards for them . The VSI has also set up a complaints office.
Compensation for default damages
The Foundation for Consumer Protection (SKS) points out that in the event of default in payment beyond the assertion of default interest ( Art. 104 OR ), the demand for compensation for so-called default damage is only permissible if the client of the debt collection company actually provides a quantifiable, verifiable Damage has occurred that is not fully offset by the default interest ( Art. 106 OR). The remuneration of the debt collection company itself is not refundable ( Art. 27 Para. 3 DEBA ).
Unaffected by this, the client can demand reimbursement of any reminder fees if this was previously contractually agreed.
See also
literature
- Walter Seitz (Hrsg.): Inkasso-Handbuch: Law and Practice of Inkassowesens . Germany, Austria, Switzerland. 4th edition. CHBeck , 2015, ISBN 978-3-406-51560-6 (When using, the proximity of the work to the BDIU must be taken into account (Jäckle, VuR 2016, 60 fn. 4 with references))
Web links
- Association of Swiss Debt Collection Trust Institutes (VSI)
- The Foundation for Consumer Protection (SKS) to debt collection companies with a sample letter to defend against the "damage caused by default"
Individual evidence
- ↑ a b c Reto Ramstein: Debt collection: How do you recognize serious providers as an SME? In: kmu-marketing-blog.ch. räber marketing & internet, February 15, 2014, accessed on March 19, 2017 (the author is a lawyer ).
- ↑ vsi members. In: vsi1941.ch. VSI, accessed December 16, 2016 .
- ↑ Code of professional conduct. In: vsi1941.ch. VSI, accessed December 16, 2016 .
- ↑ Complaints Office. In: vsi1941.ch. VSI, accessed March 19, 2017 .
- ↑ a b Interest on arrears: how much is owed? (PDF; 168 kB) In: konsumentenschutz.ch. SKS, January 2017, archived from the original on March 19, 2017 ; accessed on April 18, 2018 .
-
↑ SKS stops unjustified debt collection rip-offs! In: Konsumentenschutz.ch. SKS, May 19, 2016, accessed March 19, 2017 . Default damage. (PDF; 192 kB) (No longer available online.) In: konsumentenschutz.ch. SKS, January 2017, archived from the original on April 18, 2018 ; accessed on April 18, 2018 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
