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Terms and Conditions
Delivery terms with regard to collection services by JURISTU Incasso
General.
1. JURISTU Collection with regard to the Debt Collection section, hereinafter referred to as JURISTU Incasso, performs its activities solely in accordance with these General Terms, unless otherwise agreed in writing.
2. Description of services
A. Services are understood to mean all activities which seek to obtain payment of the claim claimed, such as:
– giving (legal) advice;
– manufacturing of documents
– providing legal assistance;
– making subpoenas;
– acting as a role agent;
– conducting (judicial) procedures;
– comparison at the hearing;
– settlement of enforceable titles, including the collection of the resulting funds for the client;
– other activities.
3. Rates
A. Dossiers will not be charged for basic costs or file fees if they are not recovered.
B. Only after agreement and contract, the following rates for the following services can be charged to the client:
– Information from the Population Register (Municipal Basic Administration) € 17.50
– Standard Information Trade Register € 17.50
– information kadaster € 25,00
– Information license plate € 25,00
– request LISV € 12,50
– manufacture of a summons, one point salary officer with a minimum of € 100.00
– manufacture process piece, a point salary agent with a minimum of € 100.00
4. All offers, in any form whatsoever, are free of obligation and are valid only as an invitation to grant or provide a contract, unless otherwise stated by JURISTU Incasso.
5. These terms and conditions do not apply if client (s) belongs to that category of clients who are governed by the rules of non-governmental law practice of the Royal Association of Courts. In particular, Legal advisers, legal advisers as well as companies and institutions with their own legal department, government and semi-government agencies, institutions and partnerships.
6. Client is understood to mean the person who requests JURISTU Incasso to handle debt collection, provided that the client is authorized to enter into an agreement with JURISTU Incasso as well as personal liability for the resulting obligations.
7. The debtor means the debtor of the client.
8. JURISTU Incasso is responsible for the confidentiality of the data provided by the client. JURISTU does not provide third parties with information about the assignment without the express written permission of the client.
9. JURISTU Incasso is never obligated to accept incasso activities offered.
10. JURISTU The purpose of collection is to, on behalf of third parties and on behalf of third parties, claim third party claims, in current currency, by way of extrajudicial roads, if necessary by third parties by legal means. JURISTU Incasso tries to collect the following amounts;
A. The principal or a balance thereof.
B. Delayed interest rate or agreed interest.
C. Advances, debt collection and administration costs as far as the terms and conditions of the client allow this. JURISTU Incasso is entitled at any time, if it so wishes, to take into account all circumstances of the case, to deal with the matter without the prior consent of the client unless otherwise agreed upon at the time of entering into the agreement between the client and JURISTU Incasso .
11. JURISTU Incasso reserves the right to make interim changes to its general collection terms when the evolving circumstances in the methods, techniques and tariffs used by JURISTU Incasso will result.
12. JURISTU Incasso reserves the right to refuse claims for debt collection purposes;
A. Do not exceed the amount of twenty Euro (€ 20,00).
B. On minors.
C. On deceased persons, without prejudice to the provisions of Article 15 of these Terms.
13. The receivables carried forward are open and payable and relate to claims on natural persons, legal persons and registered companies, residing or established in the Benelux.
14. JURISTU Incasso receives, after receiving the contract, the full power of attorney to perform all such legal actions which JURISTU Incasso is deemed necessary or necessary and, consequently, to enforce legal proceedings and prosecute judicial proceedings, assisted by legal or legal Skilled (if) of JURISTU Incasso or by third parties who receive a commission from JURISTU Incasso, this will be done in consultation with the client.
15. When completing all activities deemed necessary by JURISTU Incasso, it appears that the claim can not be recovered. In this exceptional case, the collection procedure will be terminated without the client having to agree.
16. The debtors offered for collection remain at all claims of the client
Obligations of the client.
17. Client shall pay the debtors, for which:
A. The default payer has received a general legal invoice.
B. The default payer has already received a summons and has been defaulted.
C. Those in Dutch currency are expressed, unless the parties concerned
Written otherwise agreed.
18. Once upon a time, a direct debit authorization is granted, through the direct debit direct debit forms used by JURISTU Incasso.
19. The Client shall transfer the debt collection claims to JURISTU Incasso together with all necessary documents such as: Terms and Conditions, Bills, Reminders, and Correspondence immediately after first application by JURISTU Incasso. In addition, client JURISTU Incasso must offer every opportunity to use all evidence including witnesses and their statements. JURISTU Incasso is not required to check the accuracy of the submitted data and requires the client to guarantee the accuracy of the data and information provided.
20. Upon completion of the contract with JURISTU Incasso, the Client will not take any correspondence or actions of any kind towards the debtor / default payer.
21. If, after entering into the agreement, the client still receives correspondence or other documentation, he immediately and / or is available to JURISTU Incasso in accordance with the obligations entered into.
22. Immediately after entering into the agreement, JURISTU Incasso will collect the debt collection work unless JURISTU Incasso is of the opinion that the debt collection claim must be refused;
A. Because of the non-compliance with Articles 10, 11 and 15 of these Terms.
B. The debt collection claim is in violation of the law, public order, right terms and or otherwise.
C. If the information required for the execution of the contract is not made available to JURISTU Incasso in due time or in accordance with the terms of the agreement, or that the client does not fulfill its obligations to JURISTU Incasso.
23. JURISTU Incasso is not required to keep the client in writing, whether periodically or in writing, about the progress of the work or the results thereof. If the client so requests, JURISTU Incasso is entitled to charge an amount of € 45 for any information provided to the client.
Settlement and billing.
24. Payments made by the debtor to JURISTU Collection or direct to the client are initially payable for collection, legal assistance and administration costs and are directly attributable to JURISTU Incasso and are immediately due.
25. Payments from the debtor directly to the client, from the date of entering into the agreement, must be reported immediately to JURISTU Incasso. These payments are considered as direct debit, as reported in Article 26.
26. After the entire claim has been cashed, the client receives a settlement. On the settlement to the client, from the amounts paid by the debtors to JURISTU Incasso and / or the client, both the extrajudicial costs as well as the advances deducted from the principal and the associated interest.
27. The advances paid by JURISTU Incasso of any kind will also be charged even if any legal proceedings are lost or not contravened by the debtor.
28. If a claim is terminated on request or on client’s behalf or advises JURISTU to refuse collection of further prosecution, due to subsequent unforeseen uncertainties due to client errors, then JURISTU Incasso is entitled to compensation In accordance with the scheme mentioned under Article 29.
29. The client will be charged the following:
A. Dossier costs € 45, – ex VAT
B. Incasso and / or administration fees or otherwise, which were charged to the default payer, provided that these costs were not met by the default payer. The amount of extrajudicial collection costs is then:
Invoice amount (without interest) Maximum collection fee in percentages
About the first € 2500 * 15%
About the next € 2500 10%
About the next € 5,000 5%
About the next € 190,000 1%
About the more than 0.5%
* There is a minimum of € 40. This means that for bills below € 267, you pay more than 15% collection fees.
D. Amounts paid and advances paid by JURISTU Incasso for the purpose of collection work to third parties.
E. On fees, JURISTU Incasso calculates the usual current VAT rate.
F. Activities that do not fall under normal debt collection activities, such as conducting negotiations, giving advice, conducting a procedure, etc., etc. will be reasonably and equitably charged against a salary to be determined, with a minimum Hourly rate of € 75, – ex VAT per hour for a junior lawyer up to € 175, – per hour for a senior lawyer, possibly increasing with mileage fees, then valid and requesting by JURISTU. Valuation hourly rate per 2015, possibly increasing with annual indexation at least equal to inflation factor or increasing rates government. Accompanying a verdict with collateral from a bailiff will charge JURISTU direct debit 10% of the fee received, excluding execution costs.
G. In the event of a settlement or payment arrangement of the claim by Juristu / Client, JURISTU Incasso will charge a 10% collection fee of the claim to the Client, which is immediately due by the Client, unless agreed otherwise in advance, plus any Story costs.
H. In case of unilateral withdrawal of the claim by the client, JURISTU Incasso will charge € 45, – file costs to the client plus any recoverable costs as well as 10% of the advanced amount due directly to the client unless otherwise stated in writing Agreed.
30. Payment must be made without any discount or debt comparison within the agreed term but no later than 10 days after the invoice date. Payment can only be made in the manner indicated by JURISTU Incasso.
31. Bills resulting from invoices must be submitted in writing and duly motivated by JURISTU Incasso fourteen days after the invoice date. The client is not entitled to suspend compliance with his obligations on the basis of advertised advertisements. In doing so, JURISTU obliges itself to comply with the customer’s complaint within 10 days with a sound complaint.
32. A debt collection procedure can be terminated, inter alia, if:
A. The default payer, JURISTU Incasso has no known place of residence and / or residence.
B. The default payer has died.
C. The defaulter in case of bankruptcy or surseance of payment has been requested.
D. If an amicable settlement is not possible and a judicial procedure is not recommended.
Liability.
33. JURISTU Incasso is not liable for the risk of prosecution, in so far as the claim appears to be irrevocable, whatsoever, whatsoever. This also applies if the individual receivables presented for debt collection relate to:
A. Minors.
B. Deceased persons.
C. Persons living abroad or living abroad.
D. Claims incurred on the date of transfer, and thereafter.
34. Non-attributable shortcomings: Conditions beyond the will and adduction of JURISTU Incasso as well as any unforeseen circumstance that may require compliance with the agreement shall be deemed to be irrecoverable shortcoming by JURISTU Incasso. Below you should understand Special weather, fire, strike, accident or illness of personnel or drivers of JURISTU Incasso, restrictive government measures, war and warfare. In the event of irrecoverable failure of JURISTU Incasso, it has the option to suspend either compliance with the duration of the impediment or to dissolve the agreement in whole or in part without incurring any damages. In that case, the client is obliged to reimburse the costs incurred.
34. Compensations, of debtors or third parties, to the extent that they are due to any default on the part of the default payer, are made with the client.
35. JURISTU Incasso performs its activities in good faith and can not be held liable for the consequences of unjustified claims for collection and / or the consequences arising from investigations or investigations under which any wrong decisions have been taken .
36. Acceptance and actual processing of debt collection claims are expressly excluded from all forms of liability.
37. Information and documents obtained during the execution of the collective debts by JURISTU Incasso and not by the client shall remain at any time owned by JURISTU Incasso.
38. Client and JURISTU Collector has at the time, after consultation, the right to access the accounts of each assignment, file, term monitoring and settlement, with respect to the transferred debts for collection.
Duration of the agreement, final settlement and final determination.
39. The terms of the terms and conditions shall apply between the parties from the date of signature by the client of the form run provided by JURISTU Incasso from the date on which the client otherwise stated that he agreed to the contents of the General Terms and Conditions & Terms of JURISTU Incasso or when the client has brought his claims online at JURISTU, whereby the client is responsible for obtaining the terms and conditions of JURISTU Incasso.
40. The agreement is entered into for an indefinite period or the term of the outstanding claim. The parties are entitled to terminate the agreement in writing after one year, subject to a six-month period.
41. JURISTU Collection is after the termination of the agreement entitled to carry out the outstanding claims for collection until the end, subject to the provisions of these terms and conditions.
42. Upon complete settlement, JURISTU will collect Incasso in consultation and, if desired, the documents handed to it by the client to the client / client.
43. Both parties may deviate from the provisions of these Terms and Conditions, provided that this has been agreed in writing and signed by both parties.
44. JURISTU shall at all times indicate all purchase terms as applicable from the client. All orders are subject to these terms and conditions only. The Client undertakes to do so as soon as an agreement is entered into and / or a claim is made by JURISTU Incasso and is accepted as such by JURISTU.
45. With respect to these terms and conditions and the agreements (which are the result), both parties submit to the applicable Dutch law. The District Court of Amsterdam has exclusive jurisdiction to hear any disputes.
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