Error's debt claim: Neunkirchner successfully defends himself!

A man from Neunkirchen recently received an invoice for 400 euros for dog food, although he did not hold a dog and had not ordered food. This leads to contacting a collection agency after the man ignored the payment request. In this situation, he looked for help with the consumer advice of the Chamber of Lower Austria (AK) Lower Austria.

The AK then contacted the debt collection agency and the online retailer and found that the claim was unfounded. Ultimately, the man didn't have to pay anything. Sandra Nowak, the head of AK Niederösterreich-Consumenterberatung, emphasized the importance of early contacting with the AK in order to clarify such problems quickly.

tips for avoiding duty debt collection claims

in connection with the incident there are numerous advice from the AK to prepare yourself against documents from debt collection agencies:

• remain calm and do not prematurely agree to an installment payment agreement.
• Check whether writing is serious and specific information about the creditor and the claim.
• In the event of real writing, check the claim for your justification and amount.
• to ask for the deadline to get more time for advice.

Markus Wieser, President of AK Lower Austria, pointed out that consumers can often receive unauthorized claims and that consumer advice offers support in such cases.

In a complementary view of RA Kotz, the most common characteristics of dubious debt collection lawsuit are pointed out. Consumers are advised to pay attention to a lack of information that is often missing in collection letters, such as the name and address of the creditor or a precise cost of costs. In addition, excessive collection fees, threats with foreclosure and the lack of a valid title should be critically questioned.

Legal situation and obligations of the debt collection agencies

It is important to know that collection companies are not allowed to exert pressure without having an enforceable title. Legal regulations for debt collection agencies are specified in the Legal Service Act (RDG) and the law against unfair competition (UWG). Consumers can ignore them in the event of justified debt collection claims, but this can result in dunning procedures and foreclosure measures.

ra Kotz recommends that an objection to unauthorized claims in writing and to document all relevant documents. In addition, consumers have to thoroughly check whether the claims are legally justified and the collection costs are appropriate.