When businesses make payments in the case of defaulting customers to collect, the collection costs will remain in the frame. The Federal court of justice (BGH) has, according to a lawsuit filed by the Verbraucherzentrale Bundesverband (vzbv) against the SWM Versorgungs GmbH made clear (Az. VIII ZR 289/19). The SWM Versorgungs GmbH is a subsidiary of the Stadtwerke München.
But what amount is a reminder normal and what is excessive? The judges called no fixed sum. Rather, they made it clear, what is the cost of the Warning, so here are the Stadtwerke München, are allowed to charge their customers with a reminder and what is not. A company must, therefore, the prosecution will reimburse the cost of, but not General administrative costs or the labor and time required for the out-of-court settlement of his damages claim.
Four companies on the Mahnvorgang involved - customers should costwear numbers In the specific case of defaulting customers should be a flat rate of 34,15 euros for the collection of payments by a contractor. With the collection, the energy supplier commissioned its sister company, SWM Kundenservice GmbH, which was in charge of the order to the also to the Stadtwerke München belonging to the end of SWM Services GmbH. This was, in turn, an external service provider for debt collection. Anwalt.de (display), you your legal concern of the experts to examine!
such A chain of the Mahnvorgang involved companies is not only confusing - it also causes costs. And wanted to get the Stadtwerke to their customers back In the package, the SWM Versorgungs GmbH calculated in addition to the remuneration of the external service provider also IT system costs and services of SWM Services GmbH.
right here is the Federal Supreme court put a stop to: the IT-system costs the cost of the personnel used for the planning, Monitoring, and support of the activities of the external service provider, is on the defaulting customers to fold down. An appropriate fee in the price of the directory is therefore inadmissible.
"companies are only allowed to charge debt collection costs, directly incurred for the collection of claims," explains Kerstin Hoppe from the Federation of German consumer organisations. "No General operating costs such as the provision of an IT system. The are not allowed to handle business, you'll hire other companies to handle the collection of payments.“ Display you can now Find your suitable legal protection insurance at an affordable price!
by the Way: The judges were also clear that there is no difference whether a company take on this effort or other companies do let: The costs you have to bear in any case.
you should do if you have a Finance charge is too highappear, in Principle, applies to the consumer, of course, that you can settle bills promptly, and it is not even on, a reminder will arrive in due course. If you debt collection fees seem suspiciously high, you should check this, for example, via a check list on the Internet, and then do the following actions:
- you Have not actually paid a bill just to get the quick. Otherwise, you risk a foreclosure.
- the requirement Is, however, unjustified, you should submit within 14 days of the appeal. A corresponding form is attached to the notice of beige.
After that, it depends on how the creditor responds, normally he should recognize his mistake and relent. In the event of a dispute, must deal with a court.
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