![]() ![]() There is no rule or legal obligation as to how many reminders must be sent before a company may hand the matter over to a lawyer or debt collection agency. The same applies if the performance was expressly announced – such as in the case of a failed direct debit collection. Self-reminder: If the debtor of the claim bindingly agrees to pay, but then does not keep the agreement, this is called a self-reminder.It must be clear from the statement that the refusal is the definitive last word. Refusal to pay: If the consumer seriously and definitively refuses to pay, a reminder is not required.However, it is ineffective to regulate the waiver of a reminder through general terms and conditions. Automatic default: Default occurs automatically at the latest 30 days after the due date and receipt of an invoice or equivalent statement of payment if the customer does not meet his payment obligations and, as a consumer, he was specifically informed of this.Fixed or calculable date: If a specific payment date or a specifically calculable payment period is contractually agreed, no warning notice is required.The costs incurred are referred to as delay damages or damages for delay.ĭefault may occur without a reminder, among other things, if the conditions regulated in § 286 BGB (German Civil Code) are met: The creditor incurs unnecessary additional expense due to the failure to pay and the dunning process that is necessary as a result. All costs incurred by the creditor from this point on must be reimbursed by the debtor. ![]() The day on which a debtor falls into arrears is important for the calculation of costs. The base interest rate is always set by the German Bundesbank on 1 January and 1 July of each year. In addition, the creditor may also charge interest on arrears. However, there is no clear legal regulation on the amount: reminder costs of 1.95 euros up to 5 euros per reminder are common. Default interest and dunning costs incurredĭefault costs may be charged from the first reminder after occurrence of default onwards.Name, address of the creditor and the debtor.The following contents are helpful for the recipient: The word "reminder" or the announcement of certain consequences are not required. It can happen that such an e-mail is sorted out as spam for various reasons.Ī specific form of reminder is not prescribed. If you usually communicate by e-mail, it is worth taking a look at the spam folder in your e-mail inbox every now and then. ![]() How a reminder is sent usually depends on how the general communication between the contracting parties is conducted – but as a rule it is done in writing by letter or by e-mail. A reminder can be sent in different ways. ![]()
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