Terms & conditions as of March 9 th, 2015: Caminada & Van Leeuwen Bailiffs & Debt Collectors BV in Alphen aan den Rijn

Transcription

1 Terms & conditions as of March 9 th, 2015: Caminada & Van Leeuwen Bailiffs & Debt Collectors BV in Alphen aan den Rijn 1. Application: 1.1. The general conditions of the Caminada & Van Leeuwen Bailiffs & Debt Collectors BV, having a registered office at (HN 2404) Alphen aan den Rijn on the Ondernemingsweg 2d in the Netherlands, hereinafter called CVL-Bailiffs, will apply to all assignments given to them to carry out official and non-official activities and unless otherwise agreed in writing All offers, in whatever form, are without obligation and apply only as an invitation to place an order, unless otherwise stated. Terms & Conditions, however named, of clients do not apply and are expressly rejected. 2. Definitions: 2.1. Intermediaries: clients that professional legal or debt collection activities be carried out, to understand lawyers, bailiffs, legal expenses insurers, collector agencies and related businesses Clients: clients, not being intermediaries who provide CVL-Bailiffs a dossier for debt collection Official activities: all activities covered by the Act Bailiff entrusted. (as defined in Article 2 of the Bailiffs law of January 26, 2001, entered into force on July 15, 2001) Non-official activities: all to be performed by CVL-Bailiffs activities that are not assigned by the Act explicitly bailiff including debt collector activities, giving advice, the providing of legal assistance, conducting legal proceedings, the application of subpoenas, observing the cause-list session with the Courts and their related work Collected debt amounts: debt amounts regardless of by whom payment is made, all directly to the bailiff, the claimant and / or the intermediary paid, provided that payment was made before placing the order. 3. Acceptance: 3.1. An order given to CVL-Bailiffs is considered accepted if it is confirmed when put in writing to the client, there in it should be stated by the client the beginning and procedure of the contract CVL-Bailiffs will, in any case, begin with the procedure of the contract corresponding to the time they were enabled as third party in the enacting of the contract CVL-Bailiffs are entitled to refuse non-official assignments without giving any reason for doing so. 4. Activities: 4.1. The work and legal action will always take place at the expense and risk of the client It is CVL-Bailiffs free to engage third parties, including another bailiff or a lawyer, to enable the performance of official acts, observing docket sessions, the implementing of enforcement orders and / or conduct of court proceedings. These costs are charged by CVL-Bailiffs and disbursements to the client In the event that CVL-Bailiffs general mandate is given to perform debt collector activities or to do it to obtain payment of enforceable laws then he is free to make an offer that in their eyes are acceptable arrangements with the debtor. 5. Rates: 5.1. CVL-Bailiffs calculates the work completed by their fee, as determined in the rates. These rates are part of these terms and conditions CVL-Bailiffs have the right to charge, their due at the rates payment, even to the client if the client makes an arrangement or a settlement with debtor, the collectors instruction is withdrawn or despite recall without due notice to CVL-Bailiffs. These cases are then equated and the claim and the entire debt collectors commission will be charged to the client CVL-Bailiffs is entitled to set off all that the client owes. Amounts received will be reckoned up with the amount owed by the client. Terms & Conditions CVL-Bailiffs Alphen a/d Rijn 19 March 2015 Page 1 of 5

2 5.4. CVL-Bailiffs is entitled to adjust its rates annually. In particular by the implementation of any increasing price indexation. 6. Liability: 6.1. CVL-Bailiffs is not liable for damage that the client has suffered as a result of a breach of contract, unless the damage can be attributed to CVL-Bailiffs based on intent or gross negligence CVL-Bailiffs is not liable for damages suffered by third parties as a result of operations at the express request of the client No liability is accepted by CVL-Bailiffs, except insofar as the mandatory professional liability insurance which in some cases gives entitlement to a benefit, of up to a maximum of 1,000, Advances: 7.1. CVL-Bailiffs is entitled to demand that the principal amount be paid in advance to cover future costs CVL-Bailiffs is entitled to the funds, which they owe the client to be withheld and used as an advance for the costs that the CVL-Bailiffs are going to make CVL-Bailiffs is entitled to refuse official assignments or its execution thereof should the advance not be of the amount corresponding to the B-tag rate (in time) prior to the assignment met from the client to CVL- Bailiffs. 8. Official administrative costs / Disbursements: 8.1. The official administrative costs made to the client are based on the debtor rates set by the government (Decree Rates Official acts Bailiffs, see Appendix 1). If official activities or services for which the debtor rates set by the government is not known, such writ denouncing rent, amended writ (not the fault of CVL-Bailiffs order), writ change protest / non payment check, record of observation etc.) The client then owes a fee, which is related to the debtor rate for similar actions. For an futile official assignment that is not the fault of CVL-Bailiffs, the client will be charged half of the applicable debtor rate For an already readied writ, which does not need to be continued at the request of the client, an amount of will be charged to the client For official acts, that need to be enforced on the day of receiving of the order, but within the usual business hours, an additional surcharge of 50% will be charged to the debtor For official acts to be carried out outside normal office hours, we will charge a 100% extra rate in addition to the debtor rate If action is taken when sending / receiving instances as referred to in EC Regulation for activities not covered by the official acts for which a debtor rate is fixed, an amount of per hour will be charged, with the understanding that each completed form a half an hour is reckoned. These activities include receiving, completing and sending the prescribed forms and the telephone and written consultation. When there is official administrative work, CVL-Bailiffs may reasonably consider, in addition to the debtor rates set by the government, charging extra hours at a consultancy tariff. In particular it can be considered to include labour and / or time-consuming administrative actions that need more care and attention than usual. 9. Payment: 9.1. What to CVL-Bailiffs is due will be declared per invoice CVL-Bailiffs shall be entitled to, at any time, claim the costs incurred between times to the client Payment of this invoice must be made within 14 days of the invoice date, failing which the principal interest of 1% per month from the due date will be added If the invoice is not paid within 30 days the client is in default As of that moment the client owes in addition, extrajudicial collection costs. The extrajudicial collection costs shall be calculated in accordance with the standard rates of CVL-Bailiffs. Terms & Conditions CVL-Bailiffs Alphen a/d Rijn 19 March 2015 Page 2 of 5

3 10. Settlement / Margin: The client can claim the funds received by CVL-Bailiffs, less the disbursements and the other fees applying to CVL-Bailiffs. CVL-Bailiffs will, as far as possible, maintain a margin of and up to that amount necessary for meanwhile payments. This margin will be kept available to secure any more (administrative) costs and disbursements Except for specific (or otherwise) agreements between the client and CVL-Bailiffs, is CVL-Bailiffs entitled to deduct all revenue per client at the dossier level by CVL-Bailiffs made (administrative) expenses and / or disbursements CVL-Bailiffs are entitled to settle outstanding invoices with funds that they, for whatever reason, has from the client in their possession. 11. Disputes: Complaints and disputes are principally recognized and are treated in accordance with the internal complaints protocol from CVL-Bailiffs. This internal complaints protocol CVL-Bailiffs can be provided on the clients request Complaints can be submitted subsequently to the Chamber of Bailiffs in Amsterdam Dutch law is exclusively applicable regarding the legal relationship of CVL-Bailiffs and her client. 12. Applicability / Filing: These terms and conditions have taken effect as of March 9 th These terms and conditions are also available at the offices of CVL-Bailiffs and are there for inspection free of charge. These terms and conditions are also registered with the Chamber of Commerce in The Hague These terms and conditions can also be downloaded at VAT: All amounts stated in these terms and conditions do not include the current value added tax rate applicable under Dutch law. 14. Different rates for intermediaries established in the Netherlands: I. Definitions: 14.I.1 The basic calculation costs of settlements are all the collected amounts after deduction of all other charges due, whether payment has been made to CV-Bailiffs or directly to the client. II. Rates: Basic fee 14.II.1 In cases where the CVL-Bailiffs creates a dossier using the facts of the case a basic fee of is payable, plus any costs incurred and disbursements. Once the fee to be charged exceeds the reported basic fee, then this basic fee is invalid. Administrative hearings: 14.II.2 For the observation of a cause-list with the Courts, Sub District, is payable by the client: 14.II.3 For the creation of the dossier, the application of the case including the first cause-list appearance and the release of the associated hearing outcome an amount of is due. In the case of absence with an importance up to no more than the assigned salary is due. 14.II.4 Preparing for and attending one of the (added candidate) bailiffs themselves or a qualified equivalent of their office, of comparative parties, surveys and civil procedures an amount of per hour will be charged. Terms & Conditions CVL-Bailiffs Alphen a/d Rijn 19 March 2015 Page 3 of 5

4 Settlement costs For the settlement of enforcement orders and payments before an enforceable title obtained: Basic settlement expense percentage - Up to the first 10, = 5,0% - On the excess above 10, = 3,5% (with a maximum of 5,500.00) 15. Divergent rates for clients: I. Definitions: 15.I.1 The basic rate for the calculation of the collected amount is the total of the paid amounts, if any payment has been made, after procurement of the order to collect amount due. II. Rates: Debt Collection fee 15.II.1 The calculation of the debt collection fee is dependent on the date the default took place. As of July 1 st, 2012, the Debt Collectors Law became applicable which applies to claims, which occurred after July 1 st, Default on receivables which have occurred before July 1 st, 2012 Rapport Voorwerk II is still applicable. The difference lies in the calculation of the debt collector costs. 15.II.2 The debt collection fee is calculated on the amount to be collected or is collected. 15.II.3 In cases where nothing is collected and cases involving an amount of or less is collected, then CVL-Bailiffs charges the client a minimum of as a collectors fee / dossier fee. OLD Graduated rates Debt Collectors Law claims before July 1 st, 2012: As from up till As from up till As from up till As from up till As from up till As from up till As from up till As from up till As from up till 40, As from up till 100, As from up till 200, As from up till 400, As from up till 1,000,000 4, > 1,000,000 5, NEW Graduated rates Debt Collectors Law claims after July 1 st, 2012: 15% on the first 2, with a minimum of % on the next 2, % on the next 5, % on the next 190, % on the excess with a maximum of 6, Terms & Conditions CVL-Bailiffs Alphen a/d Rijn 19 March 2015 Page 4 of 5

5 Writs of summons 15.II.4 During the collection phase CVL-Bailiffs entitled to carry out a visit to the debtor by means of providing and leaving a summation writ. The costs are always borne by the client and cannot legally be recovered from the debtor. 16. Final Provisions Other costs/hourly tariff For work and / or costs which do not fall within the scope of normal debt collection activities (such as negotiating, giving advice, conducting a procedure, the provision of legal assistance, etc.) the client will be charged a rate of per hour CVL-Bailiffs are entitled to work with suppliers of a specialist character and therefore charge a different hourly rate. Subsequent costs Unless otherwise expressly agreed CVL-Bailiffs is entitled to bring subsequent costs charged to the client in cases where the defendant has been convicted in the payment of costs or a portion thereof. Subsequent costs are related to the coverage of the costs, which are directly related to the study of the enforcement order, calculating the composite claims, correspondence and communication with the debtor. Interest CVL-Bailiffs and client have agreed that any added interest that may arise with respect to the share of client, regarding third money accounts, quality bills, other bills or deposit facilities by CVL-Bailiffs is not counted, it will be paid, unless specified per case, is agreed upon. Returning dossier and of claim documents: CVL-Bailiffs are authorized by her obligation to the return all dossiers and claim documents only when the all obligations towards CVL-Bailiffs have been fully paid, in particular regarding the payment of all outstanding invoices. Terms & Conditions CVL-Bailiffs Alphen a/d Rijn 19 March 2015 Page 5 of 5