Quickly it happened: An invoice, the payment deadline elapses, and at some point, a reminder comes. This contains more and more a fee – to the Annoyance of all those who are not to blame for your failure to be aware of.
So it was changed also in the case of David farmer (Name). Bauer has a credit card for the globe-goods houses. He has used it, but never the Envelopes from the globe he went, therefore, without examining them in more detail. He escaped recently, the bill for the renewal of the insurance. This was completed by the builders in the event that he loses the credit card. Because of the not timely paid insurance premium of 15 Swiss francs, he should pay a double fee: 30 CHF. "A total mismatch", said Bauer. And he asks whether it is permitted to collect late fees that were higher than the outstanding amount.
"you Are agreed between the Contracting parties, apply."Frédéric Krauskopf, Professor of law, University of Bern
The law provides no answer to that. Overdue fines are not provided for by law, also from the case-law there is no requirements for a limit, says law Professor Frédéric Krauskopf of the University of Bern. "Late fees, the exact amount, but the contract explicitly part of the deal."
When David was a farmer. The rate of 30 francs for reminders is listed in the General terms and conditions (GTC) of the globe-credit card. With the conclusion of the contract farmer has accepted these. The fee in individual cases is higher than the amount owed, is, according to Kraus, the head is allowed. Late fees would have on the character of a penalty. "You are agreed between the Contracting parties, apply."
the nuances in the application
Nevertheless, there are barriers. A default or a late payment fee could be unusually or unreasonably high, says Krauskopf. "When this is the case, you can not lump tell. The need to decide in case of dispute, by a court."
David Bauer fought back, finally, against the fee. He called at the globe, and described the Situation. Then he was adopted in the fee.
A look in the terms and conditions of various companies shows: late fees often move in the same amount. However, there are nuances in the application.
credit cards: Who has a credit card from UBS, Coop or Migros, pays as is the case with globe and 30 francs for reminders. In the case of multiple reminders, the amount charged each Time. A first payment reminder is free of charge, except in the case of the Migros credit card, since the fees are due as from the first reminder. Also the is permitted if it is agreed.
In the case of Viseca, which also gives the credit cards for Cantonal and Raiffeisen banks, customers shell out per default in payment only once to 20 francs. However, you will not be warned in advance, the amount is easy to hit on the next credit card statement.
Telecom provider: The first payment reminder is in the case of the Telecom providers free of charge. Thereafter, Swisscom and Sunrise, usually invoice for each reminder sent 30 francs, in the case of UPC, there are 25 Swiss francs.
For Cancel a late payment fee requires Sunrise: 5 francs. This was the case, for example, if a customer has paid the invoice, but not with the original Deposit ticket, shall notify Sunrise.
online retailer: much less the late payment costs in the online fashion shop Zalando: 7 CHF per reminder. The electronics retailer Digitec draws for the second reminder 5 francs, and for the third 20 francs.
the state requested
Not only private companies late fees from defaulting customers to collect. Also, state agencies do not require a surcharge if citizens fulfill their obligations on schedule. It doesn't have to necessarily open money claims. Anyone who does not submit his tax return in a timely manner, must be paid in the various cantons, a reminder fee. In the Canton of Bern there are 60 Swiss francs, in Zurich, in contrast, the failure costs nothing.
Be charged late fees for by law or government-mandated duties, it needs a legal basis. Two Examples Of This.
health insurer: you may not charge for Dunning a processing fee. The fee must be in accordance with the Federal court in a reasonable proportion to the open amount. For the first reminder, the funds charge a rule, nothing. After that, the CSS requires a one-time 20 francs for the delay, Swica, there are 30 CHF per reminder. In the case of Helsana the fees are graduated. They amount to CHF 10 for the second reminder of small amounts; in the case of high level of outstanding receivables, 80 francs, the Insured will need for the third reminder to pay.
AHV: The obligation of the state old-age insurance is a legal to a consistent collection. If subject to contributions (not employed, self-employed) does not pay on time or private work, not legislative, and to submit pay slips of house employees in a timely manner, you will be warned immediately. To fall from the beginning overdue fines, wherein the compensation funds have a margin of between 20 and 200 francs. Usual, the late payment fee to the outstanding amount of the adjust, says Andreas Dummermuth, President of the conference of the cantonal compensation funds.
From time to time, would have challenged the fees in court, said Dummermuth. "You have proven to be water-resistant." Systematic collection of the AHV, after an unsuccessful reminder is initiated by the driver.
Created: 17.02.2019, 17:33 PM