Er du oppdragsgiver logger du
inn her
 
Forgot Password  
Har du mottatt inkassokrav eller
faktura fra oss logg inn her.
 
 Logg inn
 

Your rights in debt collection

The law is applicable to you as a consumer. This means that those who engaged in requirements can not give you fewer rights than you have by law. Some public creditors have rules for the collection of claims in their own laws. Typical examples are claims about the TV license and annual fee for the car.

 

Have you received a claim?
Examine and carefully read through the requirements you will receive in the mail to be sure it is correct. It is conceivable that the claim can be sent to the wrong person, that it comes something you already paid, or that it the claim is to high. Votes requirement, please note the payment deadline. If you do not pay within the deadline, the claim could be driven by the rules of debt collection law.

 

 

If you disagree with the claim - contact
If you receive a claim that you believe is incorrect, please immediately contact the person who requires you money. Remember that it is always wise to be able to document that you have contacted the collector. Take a copy of the letter, or write down who you spoke with. If your objections to the claim is not clearly unfounded, the claim will be considered disputed. It can not be driven into the ordinary collection. The case shall then be submitted to the conciliation court for judicial decision.

 

 

The procedure - you have a right to be notified
If you do not protest the claim and not pay within the deadline, there are clear provisions for the further collection of the claim.

 

 

Debt Warnings
You are entitled to a debt collection notice before a claim is sent to debt collection. The requirements for a debt Collection notice is:

  • it shall be in writing and on paper
  • deadline to pay the original invoice must have expired
  • it shall in the notice be given a payment period of at least 14 days
  • Note that the creditor may send a debt collection notice without having sent a reminder in advance!
  • If the creditor will take charge for the alert, set the additional requirements. It should:
  • have been at least 14 days after the original payment deadline
  • disclose the size of the claim
  • state what the requirement applies

 

Payment request
When a claim is received to the debt collection, debt collection agency will send you a payment request before the claim was sent to judicial collection (conciliation court).

 

 

The requirements for the payment request are the deadline in the debt collection notice should have gone out.

In addition, it should:

  • be in writing and on paper
  • state that you must pay or raise objections within 14 days, if you disagree with the claim
  • be the name of the person you owe money
  • arrive at what the requirement applies
  • disclose the size of the claim
  • state whether the penalty's size and the date on which it is calculated from
  • be a payment deadline of at least 14 days
  • state that if you do not pay, it can lead to additional costs and legal collection of the claim
  • state whether the right to charge commission processing

If the creditor / debt collection agency is to take charge of the payment request, it will be set additional requirements:

  • payment deadline in the debt collection notice must be served over

Note that the recipient has the risk of postal service. This means that if a creditor / collection agency can substantiate that the notice is sent out in a satisfactory manner, it is irrelevant whether you actually received it or not.

 

 

The cost - it can be expensive
Arrears

If you do not pay within the payment deadline, it will accrue arrears. It will be determined every six months, with effect from 1 January and 1 July.

 

 

Debt Costs
It appears from the debt collection regulations how much you must pay in collection fees. The costs are basically regulated by the collection rate and the size of the claim. Debt rate is determined annually by the government on the basis of developments in the consumer price index. From 01.01.10 it is at NOK 600, -.

The person or company you owe money can collect the debt, or he can put this over to a collection agency.

Costs even when the creditor performs the Debt Collection process:

For the reminder / debt collection notice can be required 1 / 10 of the collection rate.

For the payment request can be claimed 3 / 10 of the collection rate.

Note that the creditor can not charge for more than:

Two reminders and a payment request, or

A reminder, a subsequent debt collection notice and collection request.

 

 

Costs when the creditor uses the collection agency or attorney
If a creditor uses a professional collection agency or a lawyer, is the size of the claim central to the amount that may be required. The creditors can as a rule not require you to cover expenses related to collection agency / attorney that exceed the maximum rates in the table.

For requirements up to: Simple: Heavy: 1 2500.5 x collection rate 1 x collection rate 2 5001.0 x collection rate 2 x collection rate 5 0001.5 x collection rate 3 x collection rate 10 0002.0 x collection rate 4 x collection rate 25 0003.0 x collection rate 6 x collection rate 50 0004.0 x collection rate 8 x collection rate 100 0005 , 0 x collection rate 10 x collection rate 250 0007.5 x collection rate 15 x collection rate 500 00010.0 x collection rate 20 x collection bet Over 500 00012.5 x collection rate 25 x collection rate

 

 

Note:
If the deadline of a payment demand is served by over 14 days, the creditor may claim compensation under the table for the heavier demands. Debt collectors can add an amount equivalent to the general rate of VAT on the maximum rates, if the main requirement comes from activities that are not tax liable. You can receive multiple alerts / reminder that do not meet the requirements above. Creditor / collection agency can not charge you for these.

 

 

Good debt collection practice - a protection against unprofessional methods
Creditor or debt collection agency must act in accordance with good debt collection practice. This means that they can not use methods that expose you to unreasonable pressure, damage or inconvenience. It is inconsistent with good debt collection practice if, for example:

  • you receive incorrect or misleading information about the consequences of your failure to pay
  • it appears that information about the case will be known to friends or family if you do not pay
  • you will be approached on a personal offensive manner, for example, on the job
  • it is used sensational collection methods, such as envelopes that say warning, deadline, etc.
  • it is operated telephone debt collection in the late evening, at night or on holidays
  • it is driven into claims that are obviously unfounded or disputed by ordinary debt collection
  • is detected a payment note when the claim is disputed
  • you are offered a loan, so you can cover the claim

 

The consequences when rules are not followed
If a creditor or debt collection agency does not notify you, do not comply with the deadlines, the driver claims that are disputed by ordinary debt collection, or the calculation of costs is incorrect, this is breach of good debt collection practice. The consequences are that all or part of the costs of the claims process can be deleted. Note that that this only goes for the costs of the collection process. The claim will not be deleted because of that.

 

 

Payment Note - registered as a poor payer
Leave to respond or pay, you can be registered with the payment note of credit information agencies. If you have registered, you may have a bearing on whether, for example, loans, insurance and mobile phone subscribers.

For information about yourself as an individual to be registered, must have a debt collection agency contacted the conciliation court. A month after this contact, the credit reporting agencies will register the information in their records.

The payment remark will be deleted immediately after you have paid your dues. A note to that rule, however not be used longer than 4 years.

If in doubt, or wonder if you are registered with a payment note, you can contact the credit reporting agencies. They are obliged to inform you of any registration in your name.

 

 

When you want to complain
If you believe that it has been made a mistake in the claims process from creditors or a debt collection agency, you must first correct the complaint against the company you want to set responsible. Complain in writing and include copies of correspondence.

If you do not agree with the other side, you can contact the Debt Collection Complaints Board. The Council can consider all aspects of the agency's performance, including the calculation of fees, deadlines and whether they have breached good debt collection practice. It is important to note that the Tribunal can not decide whether the claim is lawful or not, but only about the debt collection agency has acted properly in the claims process. The Council's conclusions are advisory, and treatment is free.

 

 

Regulators
Finance Authority awards and suspends debt collection licenses. They also monitor that compliance with debt collection activities are operated in accordance with the Debt Collection Act.

Debt Complaints Board report about the board's ongoing activities to the Financial Supervisory Authority of Norway. If a collection agency is responsible for repeated violations of good debt collection practice, this may have implications for the agency to engage in debt collection activities.

 

 

The Norwegian Data Supervisory Authority of Norway
Credit Reporting Agencies can complaint to the Data Inspectorate, which allocate and revoke licenses to credit reporting agencies. They will also lead an audit of the business is run in accordance with the Personal Data Act.

 

 

More about

Law on debt collection activities, and other collection of overdue claims (Debt Collection Act) of 13.05.1988.

Regulations relating to debt collection law (debt collection regulation) of 14.07.1989 No. 562

Decisions on approval of the statutes for appeals for debt collection services between the Consumer Council and the Norwegian Debt Collectors Association of 07.03.2003 No. 287

Act on interest on delayed payment and so on. (arrears Act) of 17.12.1976 No. 100

Act on processing of personal data (Personal Data Act) of 14.04.2000 nr.31.

See also www.lovdata.no or offprints.

Debt Fees - see the Norwegian Debt Collectors Association, www.inkasso.no (same link as debt collection complaints board)
Settlement Council - all municipalities have a Settlement Council, see www.forliksradet.no

Glossary
Payment Note - information on file with credit reporting agency that you are a bad pay
Simple requirements - a requirement is considered as a single until the deadline in a payment request has been over with 14 days
Settlement Council - lowest authority in court apparatus
Debt License - permission to engage in debt collection activities
Collection agency - business that has been commissioned to carry the money for creditors
Debt Fee - the debt collection agency can take care paid to collect the requirement
Debt Rate - a fixed amount that is regulated in a year, and that is the basis for the calculation of collection costs
Creditor - you receive the bill (invoice) from
Disputed claim - when you have reasonable grounds to disagree in the claim, and has said in the
Judicial decision - consideration of this matter in court, with binding outcomes for the parties
Legal collection - to gain grounds (e.g. Sentence) for the claim and then drive demand in with the public
Heavy demands - a claim will be considered heavily when the deadline in a payment request has been over with 14 days

Source: The Norwegian Consumer Council

 

Totalkapital is concerned that you are familiar with your rights!