Collection
Many entrepreneurs experience problems collecting their unpaid invoices. VANDIJK lawyers offers you a helping hand without losing your client. If you hand over a collection to us, this is in many cases free of charge for you! We would like to refer you to our collection conditions.
- At the client’s last reminder, the client states that it will transfer the invoice for collection to VANDIJK lawyers. VANDIJK advocaten delivers the last standard letter to be sent by the client to the debtor.
- In the event of non-payment by a debtor, the client will send a copy of the general terms and conditions (if we do not yet have them), a copy of the invoice, the reminders and the necessary correspondence to VANDIJK lawyers.
- Within two days after delivery of the documents, VANDIJK lawyers will send a first collection letter to the defaulter, whereby the interest and collection costs will be demanded immediately. The payment term will be 7 days if the debtor is a company. The payment term will be 14 days if the debtor is a consumer. The interest is charged up to 7 or 14 days after the date of the first letter.
- After this letter, the debtor will be contacted by telephone in order to try to prevent the issuing of the summons by amicable payment by return or by making arrangements, naturally in consultation with the client.
- Immediately after the 7-day period has expired, the 2nd direct debit letter is sent to the defaulter. The interest and the collection costs are added to the principal sum. The final payment term is 3 days. In this letter the summons (costs) and the bailiff’s costs are also notified in the event of non-payment.
- If payment has not yet been made after this, the client will be consulted on whether the collection procedure will be continued or not.
- The collection activities of points 3 and 4 are charged to the debtor as much as possible in accordance with the notification costs in the collection letters. A condition is that a minimum amount of collection costs for collection is included in the client’s general terms and conditions. If this is not currently the case, I would suggest that you include it in your general terms and conditions.
- Upon payment of the total amount claimed up to and including point 4, the amount of the principal and the interest collected will go to the client, while the collection costs accrue to VANDIJK lawyers. This therefore costs you nothing!
- When paying by the debtor of only the principal sum and not the costs or in the absence of full payment after points 3 and 4 and you decide to refrain from legal proceedings: The client pays VANDIJK lawyers in advance, in addition to the calculated collection costs, also bailiff costs and court fees for a possible cost order. VANDIJK lawyers will continue the collection for the client (up to and including the court) until the entire claim (ie including interest and collection costs) will be settled. This work will be carried out at an hourly rate of € 98.00 per hour excluding VAT. The then possibly collected bailiff’s costs and court fees accrue entirely to the client. Or the client pays VANDIJK advocaten 15% of the main claim with a minimum amount of € 65 (excluding VAT), after which no proceedings are conducted and the file is archived. If you have not agreed a minimum amount of collection costs as mentioned in point 6 with your business debtor, you will pay the collection costs to VANDIJK lawyers in accordance with the Extrajudicial Collection Costs Standardization Act. For an overview of the percentages used then I refer you to the link below: www.rechtspraak.nl/Procedures/Landelijke-regelingen/Sector-civiel-recht/Pages/De-staffel-buitengerechtelijke-incassokosten-(BIK)-vanaf- July 1, 2012 / aspx.
- If the debtor disputes or leaves the claim unpaid until point 6, activities such as correspondence and the preparation of procedural documents will start from the moment when the legal proceedings have to be started (including editing of a claim). collection summons), take place at an hourly rate of € 98 (excluding VAT). This hourly wage can be changed if the case is taken over by a lawyer.
- If a legal proceeding follows a disputed or unpaid claim up to point 6, then you should take into account the following costs: – At the court, sector canton the hourly rate of a legal assistant. – At the court, civil sector, the hourly rate of the lawyer chosen by the client.
- The amount of the claim determines whether the proceedings must be brought before the district court of the court or the civil sector of the court. Claims in excess of € 25,000 must be made in the civil sector, where it is mandatory to be represented by a lawyer.
It will be agreed with the client how and how often you will be informed about the steps to be taken by VANDIJK lawyers. Our general terms and conditions apply to these regulations. These can also be found on our terms and conditions page