Private collection agency

Even as a private individual, you may find yourself dealing with someone who fails to fulfill a clear payment obligation. Consider, for example, money that must demonstrably be repaid or an amount for which it has been established in writing that the other party owes it to you.

In such cases, Credifin can take over the debt collection process for you. When working with private clients, we focus on clear-cut debt collection cases. We are not a dispute resolution committee and do not first determine who is legally in the right.

That is why we handle only claims from private individuals:

• with a principal amount of at least €1,000;
• for which it is clear why the amount is due;
• that are due and payable;
• that can be adequately substantiated in writing;
• and which are not substantively disputed by the other party.

Does your claim meet these criteria? If so, we’ll determine whether we can handle the case for you.

A private claim must be sufficiently clear before a collection agency can begin handling it. The basic principle is simple: a payment obligation must already exist.

A debt collection process is not intended to first determine whether someone is liable or what amount they might owe. We therefore consider, among other things:

• the contract or written agreement;
• the amount of the principal;
• the date on which payment was due;
• correspondence between the parties;
• payment receipts;
• any acknowledgments or payment commitments;
• previous reminders;
• and, if applicable, the opposing party's defense.

Does the other party disagree with the substance of the claim? In that case, the case is generally not suitable for our private debt collection services.

For private clients, we require a minimum principal amount of €1,000. We do not accept claims with a principal amount lower than this.

This minimum amount applies to the original outstanding principal balance and not to the amount including interest or collection fees calculated at a later date.

In addition to the minimum principal amount, it is important that there be no substantive dispute regarding the obligation to pay. A single refusal to pay does not automatically mean that a claim is disputed. The other party must actually present substantive arguments as to why he or she believes he or she is not required to pay.

Consider, for example, discussions about:

• the conclusion of an agreement;
• the performance of work;
• the quality of a product or service;
• liability for damages;
• the amount claimed;
• termination or cancellation of a contract;
• or whether there is any obligation to pay at all.

In such disputes, it is often necessary to first determine through legal proceedings which party is in the right. We do not handle such cases for private clients.

Is it just that the other party hasn't paid?

If someone simply fails to respond, delays payment, or refuses to pay without a valid reason, the case may still be suitable for debt collection. However, there must be sufficient evidence of the payment obligation, and the principal amount must be at least €1,000.

The party demanding payment must be able to demonstrate the basis for the claim. The clearer the case file, the better we can hold the other party accountable.

For example:

• a written agreement;
• a signed loan agreement;
• invoices or payment arrangements;
• emails confirming the payment obligation;
• bank statements;
• a written acknowledgment of the debt;
• or other documents that clearly indicate the amount owed.

A verbal agreement alone, or a mere assertion that someone still owes money, is insufficient.

We regularly receive inquiries about money that has been lent to family, friends, acquaintances, or other individuals.

We will only consider a personal loan if:

• the principal amount is at least €1,000;
• there is a clear written loan agreement;
• the amount lent is clearly stated;
• it is clear when the refund was due;
• the agreement has been signed by both parties;
• and the loan is not being disputed on its merits.

A bank transfer alone is not sufficient proof that a loan took place. We also do not process loans based solely on WhatsApp messages, verbal agreements, isolated payment requests, or general commitments.

Not every claim is suitable for collection by Credifin. Among other things, we do not handle:

• claims with a principal amount of less than €1,000;
• claims that are disputed on their merits;
• claims for damages where liability has yet to be determined;
• disputes regarding the quality of products or services;
• claims where it is not clearly established that the opposing party is liable to pay;
• child support claims;
• private loans without a clear, written, and signed loan agreement;
• verbal agreements without sufficient written documentation;
• claims based solely on WhatsApp messages or individual payment requests.

Credifin is a debt collection agency. The debt collection process is intended to collect a payment obligation that has been sufficiently established, not to establish a disputed claim in court for the first time.

Is the person who owes you money a consumer? If so, additional legal rules apply before out-of-court collection fees can be charged.

In many cases, a proper, free 14-day notice must first be sent. When reviewing the case, we assess whether the legal requirements have been met and what next steps are possible.

Upon receipt, we first assess whether the application meets our requirements. Among other things, we check:

1. or if the principal amount is at least €1,000;
2. whether there is sufficient evidence;
3. whether the claim is due and payable;
4. whether the opposing party has contested the merits of the claim;
5. and whether the case is suitable for out-of-court collection.

Does the case meet our requirements? If so, we can begin the collection process. Submitting a case does not automatically mean that we will accept the assignment.

Legal action

If the other party fails to pay despite the collection process, even though the claim is sufficiently clear and substantiated, we can assess whether legal action is advisable. Legal action involves costs and litigation risks. We therefore discuss the feasibility and potential costs in advance. Legal action is not initiated automatically.

During the out-of-court phase, we operate on a “no cure, no pay” basis. This means you do not have to pay a fee in advance for each debt collection case.

However, costs may apply for legal proceedings, bailiff services, or other additional services. You will be informed of these costs in advance.