Debt collection terms

1. The costs of extrajudicial debt collection

a. Fees for filing the claim.

The cost of handling a claim is €100 per claim.

b. Filing a claim against a natural person not acting in the course of a profession or business

If your debtor is a natural person not acting in the exercise of a profession or business, you are required by law to send a 14 -day letter before you may charge extrajudicial debt collection costs. If you have not already done so, we will do this for you at a rate of €100.

c. Full Debt Collection

If we collect your entire claim, we will charge the extrajudicial debt costs and legal interest as compensation for our work. You will thus receive the principal sum.

d. Have you already agreed on debt collection fees?

If you have agreed on debt collection costs and contractual interest in the agreement with your debtor, if we collect your claim in full, we will charge you those same costs and interest. If we do not collect the entire claim, the arrangement in article 1.e. will apply.

e. We were unable to collect your entire claim, now what?

In the event that we have not been able to collect your entire claim, we do not charge the full cost. We then charge only a percentage of costs equal to the percentage we were able to collect of your claim. Below is a calculation example:

Suppose we have collected 50% of your claim and the extrajudicial debt collection costs + legal interest amount to 500 euros. Then you do not pay us 500 euros but only 50% of this amount (250 euros). After all, we only collected half.

f. The calculation of extrajudicial debt collection costs

Unless otherwise agreed, we calculate extrajudicial debt collection costs on the basis of the most recent BIK graduated scale. This is currently as follows: over the first €2,500 we charge 15% with a minimum of €40, over the following €2,500 we charge 10%, over the following €5,000 we charge 5%, over the following €190,000 we charge 1% and over the majority we charge 0.5% with a maximum of €6,775. We reserve the right to change this scale.

g. Exceptions

In some exceptional situations, we charge fees in addition to the usual fees in Article 1. Your claim may require more attention than the average claim due to its complexity. Below are some cases where additional costs may be associated with the claim, these are:

§ Receivables from foreign debtors;

§ Claims that are substantively disputed by your debtor;

§ Claims for which the amount of money is not certain;

§ Claims requiring customization due to complexity.

We will notify you if such a situation arises.

2. Kienhuis Legal's debt collection rules.

a. Rules for us

§ We make maximum effort to collect your claim while preserving the relationship between you and your client.

§ we send your debtor a summons in which we claim principal, debt collection costs and legal interest on your behalf.

§ If you submit a claim to us, we will bring your claim to your debtor's attention the next business day.

b. Rules for you

§ You submit a complete claim to the mail address incasso@kienhuislegal.nl with the following documents:

The agreement with your debtor, any applicable terms and conditions, the invoice, reminders, emails or other correspondence with your debtor regarding the claim and any 14-day letter referred to in 1.b.

§ In the following cases, state the particularity of your claim when you file it:

The claim is satisfied, time-barred, not due for any reason, the claim is disputed, your debtor is in bankruptcy, your debtor has filed for suspension of payments, or your debtor is participating in the WSNP program.

§ You do not interfere with our work, this includes:

If you present a claim to us for collection, we are exclusively authorized to collect the claim. You have no contact with the debtor regarding the claim, you do not attempt to collect the claim yourself. You report payments received by you within 3 business days, and if we deem information necessary to collect your claim, you provide us with the relevant information within 5 business days.

c. Are you not abiding by these rules?

If you do not comply with the rules, it is your fault that Kienhuis Legal cannot recover the costs of its activities from the debtor, or that such recovery of costs would be unreasonable. If any of the rules are violated, you will owe us the costs for our work as described in Article 1. Moreover, in such a case we are entitled to rescind the debt collection order and close the file.

3. Collection of funds

a. The method of collection and billing.

We collect your debt into our designated third-party account. The amount is then transferred to you and we send you an invoice for our costs and VAT.

b. Collection in installments and interim remittances.

In the event that we agree a payment schedule with your debtor, we will not pay you until the total debt has been collected. If you still wish to make interim payments, we will charge you €20 per payment.

c. Premature withdrawal of collection order.

If you withdraw your collection order before we have been able to collect your claim or before we have indicated that we cannot collect your claim, you will owe us the cost of our work as described in Article 1.

4. Additional measures/follow-up steps

It may happen that your debtor does not pay the outstanding claim during out-of-court proceedings. In that case, a logical next step is to start legal proceedings. The costs of the legal proceedings are not included in the costs of the out-of-court procedure. Of course, we will inform you in advance about the possibilities of our additional services. A new agreement will be entered into for the legal proceedings.

5. Interim termination

Kienhuis Legal is entitled to prematurely terminate the agreement in the event that we are of the opinion that we will not achieve the desired results with collection measures, or if the expected proceeds of debt collection are zero.

6. General conditions

In addition to these debt collection conditions, the general terms and conditions of Kienhuis Legal also apply. If any of the provisions of these collection conditions conflict in any way with the general conditions of Kienhuis Legal, the provision of these debt collection conditions shall prevail. The general terms and conditions of Kienhuis Legal can be found on the back of the order confirmation. These collection terms and conditions and the general terms and conditions can also be found at the links below:

Collection terms: Kienhuis Legal Debt collection terms

General Conditions: Collection terms and conditions pdf