1. Totalkapital AS undertakes debt collection cases for the client. Collection shall be conducted in accordance with Norwegian laws and regulations, fair debt collection practices and good interaction between Totalkapital and the Client. The Client gives Totalkapital authorization to take appropriate legal action when necessary. Look at section 8 for Totalkapital’s receivables according to this agreement. VAT is calculated for receivables to Totalkapital against recovered funds.
2. Before new cases is sent to Totalkapital the Client must send a collection warning letter to the debtor. Collection warning letter must be sent by ordinary mail with 14 days credit pursuant to the Debt Collection Act § 9. If the client demands a fee for the collection notice, then it has to be sent 14 days after its due date. Should a case be subject to objections or direct payments to the client, Totalkapital must be unsolicited and immediately notified. In the event of direct payments, misdirected cases, or cases that are pulled by the client, receivables will be deducted from other cases or billed directly to the client. Cases that are pulled for any reason or where the debtor goes bankrupt, comes in under debt settlement laws, or where the case is adjusted in the conciliation board the client will be charged in accordance with this agreement. It is mandatory for the client to meet in the conciliation board. Totalkapital can arrange meeting proxy in the conciliation board.
3. When a case is solved, Totalkapital’s receivables will have the highest priority. Cases that cannot be resolved out of court will be sent to court. Cases that are not solved by the bailiff or by legal enforcement will be transferred to monitoring and incurred costs will be invoiced.
4. Totalkapital enforces the applicable laws and regulations regarding privacy. Totalkapital is subject to the supervision of the Financial Services Authority and is a member of the Norwegian Debt Collectors Association, Virke Inkasso.
5. Collection fees and court fees are adjusted regularly according to official prevailing rates.
6. If upon reception of a case, or at a later date, information about possible violation to good business practice emerges, Totalkapital reserves the right to reject the case or terminate the case. Totalkapital’s accrued cost according to the price list will be charged to the Client. Disputes arising from this agreement shall be referred to the ordinary courts in Totalkapital’s jurisdiction.
7. This agreement shall be signed by Totalkapital and Customer and has duration of 12 months. Renewal of this contract occurs automatically on the same terms and duration unless it is terminated 1 month before expiry of the term. There are no volume or size requirements on submitted cases.
|Access to Infosenter web||5
|OCR updates/ manual registrations||120 kr.|
|Resolving case out of court||0 % of principal amount and late interest fee paid by debtor.|
|Resolving case in court||0 % of principal amount and late interest fee paid by debtor.|
|Court fees||1322 kr.|
|Rettsgebyr namsmann||1955 kr.|
|Preparation of conciliation complaint / petition||1150 kr.|
|Preparation of conciliation complaint / petition by objections||4600 kr.|
|Preparation of a request to Bailiff||1150 kr.|
|Meeting proxy in conciliation court||1150 kr.|
|Pulled cases / misdirected case||Accrued costs|
|International cases||20 % av principal amount and PI|
|Cases put on monitoring||50 % av principal amount and PI|