A collection agency asks you to pay an unpaid invoice as well as collection costs
You receive a peremptory letter from a collection agency because you forgot to pay your last phone bill on time. The agency claims you, in addition to what you owe, costs and threatens you with legal action. Don't be fooled by this type of mail. In the absence of an enforceable title, the agency has no particular power: it acts only at the request of your creditor, and it is he who must pay these costs, since he has mandated the agency (article 32 paragraph 3 of the law of July 9, 1991).
The agency must reproduce in its letter the third and fourth paragraphs of Article 32, namely: "Unless they relate to an act the accomplishment of which is prescribed by law, the recovery costs undertaken without an enforceable title remain at the burden of the creditor. Any contrary stipulation shall be disregarded. However, the creditor who justifies the necessary nature of the steps taken to recover his debt may ask the enforcement judge to leave all or part of the costs thus incurred to be borne by the bad faith debtor ”.
recommended letter with receipt note
Dear,
I have just received a notice from your services requiring me to pay within a week the sum of (…) euros in payment of an invoice for the benefit of (name of the creditor).
Attached is a check for the amount of this invoice.
As for the costs that you claim from me, they are the responsibility of my creditor, who has appointed you, in application of article 32, paragraph 3, of the law of July 9, 1991.
Please accept, Madam, Sir, the expression of my best regards.
(Signature)
Copy to Mr / Mrs (name of the creditor). 79
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