Have you received a summons from a debt collection company in the mail?

What can I do if I dispute a claim?

You must react immediately. Debt Collection Act (Inkassoloven) defines your obligations and rights in the field of debt collection. If you have received a claim that you disagree with, you should contact the company in question immediately. Remember that it is important to document the contact you made. Keep a copy of the letter or make a note of who you spoke to.

Hold your claim. If your objections are valid, the claim is considered disputed. Therefore, the claim cannot be collected by ordinary debt collection. Instead, the case will be sent to Disputes Committee (Forliksrådet) for the issuance of a court decision.

What if you didn't receive the call?

You are responsible for postal services. If the collection agency can document that the collection letter was sent responsibly, it doesn't help that it's delayed in the mail, lost, or otherwise failed to arrive. For example, a complaint was sent correctly if it was sent to the address you provided.

If you have moved and have not notified the creditor of the change of address, the debt collection company has fulfilled its obligations if the claim has been sent to the address provided by you.

How much does it cost if I don't pay on time?

Penalty interest. If you miss the deadline, you must pay interest on the outstanding debt. The current interest rate can be found on the website regjeringen.no. If you have received a debt collection summons because you have not repaid a loan installment, the interest rate may be higher. In these cases, the collection agency may instead demand interest on the loan.

Collection fees. In addition to penalty interest, you may have to pay collection fees. You can check the current rate in Debt Collection Regulations (Inkassoforskriften). From January 1.1.2021, 700, the fee was XNUMX SEK.

Also read: Give an old cinema a new lease of life

The condition for sending a request for payment is:

• It must be in writing.
• The original claim must have expired.
• The request must specify a payment deadline of 14 days.

The requirement of a written form is met in paper form or by means of electronic communication, if the communication has been carried out correctly.

Remember that the creditor can send a request for payment without a prior reminder. If the creditor charges fees for the request for payment, he must meet additional requirements.

Which are:

• a minimum of 14 days should pass from the date of the original payment
• the collection notice must specify the amount of the claim
• information about the complaint

Requirements for good practices in debt collection

The creditor or collection agency must follow collection best practices. They will not use methods that would expose you to unreasonable pressure, harm or inconvenience. If a creditor or a debt collection company violates good debt collection practices, the consequence may be the loss of all or part of the debt collection costs.

NOTE! Only recovery costs will be removed. The claim itself will not be dismissed for this reason. It is against good practice in debt collection if, for example:

• You receive incorrect information about the consequences of not paying
• There is information that if you do not pay, the case will be known to friends or family
• You are approached personally in an offensive way, for example at work
• Telephone debt collection will be carried out late in the evening, at night or on a public holiday
• Claims that are manifestly unfounded or are contested by ordinary debt collection
• A payment note is recorded when a claim is disputed
• You have been offered a loan to cover your claim

The payment note must be removed after payment

If you don't pay, you may be registered as a bad payer, but the payment note must be deleted immediately after the claim is settled. If you don't respond or pay, you may receive a demand for payment from a credit reference agency. To record information about you, the collection agency must contact Arbitration Commission and/or Bailiff.

A payment note will cause you to be registered as a bad payer. This can have consequences in terms of whether you will be able to get a loan, insurance or mobile plan.

One month after this contact, the debt collection company can register the information in its records. The payment note must be removed immediately after payment.

In general, a note should not be used for more than four years. If you are in doubt or wondering if you are registered with a payment note, you can contact a credit reference agency. They are required to inform you of any registration on your behalf.

How do I proceed to file a claim regarding a payment request?

1. File a complaint with the creditor or debt collection company

If you believe that the debt collection from the creditor (internal debt collection) or the debt collection company (external debt collection) did not follow the procedure, you must first file a complaint with the company you want to hold accountable.

Make a complaint in writing and make a copy of the correspondence. If you want to make a complaint, you can use the Consumer Council's standard letters of complaint (Forbrukerrådet). Here you will find complaint letter.

2. Make a complaint to the Norwegian Financial Services Complaints Board 

If you cannot reach an agreement with the other party, you may contact Norwegian Financial Services Complaints Board (Finansklagenemda).

The Board can assess all factors in an agency's conduct, including billing, timing, and whether they have breached good practice in collections.

Please note that the Board cannot decide whether a claim is legitimate or not, only whether the collection agency has acted correctly in the collection process. The Council's request is advisory in nature and the handling of the matter is free of charge.

3. File a complaint with the Norwegian Data Protection Authority

You can contact the Norwegian Data Protection Authority (Datatilsynet) if you have any questions regarding your rights related to the registration of your personal data, including payment considerations.

If you believe that a debt collection company does not comply with the rules for the registration of personal data, you can file a complaint with Norwegian Data Protection Authority. If you discover that a payment note has been incorrectly recorded with a credit reference agency, you should first complain directly and ask for the information to be corrected.