What to look out for when calling in a collection agency

You have tried everything, but your customer is not paying your invoice. You have checked your records and there is nothing wrong on your side. It is time to call in a debt collection agency. This is what you need to look out for.

A debt collection agency helps you collect unpaid invoices, without the need for immediate court action. For example, the agency can contact your customer on your behalf, send a payment reminder, and give you advice.

Keep in mind that hiring a debt collection agency is a serious step. It will probably affect your relationship with your customer. You will also have to deal with laws and regulations for debt collection. It is up to youas a creditor to decide how far you want to go to get your customer to pay.

What to look out for

If a customer fails to pay on time and you wish to engage a debt collecting agency, ensure you follow the steps required by law. Otherwise, your customer may contest the debt collection costs.

First, you should send a payment reminder, by post or email. This is also known as a ‘fourteen-day letter’ or a ‘Wik letter’.  You are legally obliged to do so if your customer is a private individual. 

The customer will then have 14 days to pay the bill. They will not yet have to pay any additional costs.

In this debt collection letter, set out in advance what the costs will be if the customer does not pay within fourteen days:

  • statutory interest
  • debt collection costs
  • legal costs

Are you VAT exempt? If so, add VAT to the debt collection costs.

Business customers

You are not obliged to send a payment reminder to business customers, but it is wise to do so. If the customer still does not pay after your reminder, send them a letter (aanmaning) with collection costs (in Dutch).

Selecting a debt collcion agency

Compare different agencies: request price quotations and read reviews. There are also quality marks for debt collecting agencies. Examples include the Incasso Keurmerk for members of the Nederlandse Vereniging van gecertificeerde Incasso-ondernemingen (NVI) and the Keurmerk Sociaal Verantwoord Incasseren (SVI).

In the debt collection register (incassoregister, in Dutch), you can see which agencies are authorised to provide debt collection services without involving a court.

Debt collection services quality act

Debt collection agencies must comply with the Debt collection services quality act (Wki). These rules help to prevent debt collection agencies from behaving in an unprofessional, unfair, or aggressive manner. For example, staff must have a Certificate of Conduct (VOG). The agency must also clearly explain the amount being claimed and why. The Wki applies to debt collecting cases that do not (yet) involve a court.

What you need to supply

To help you properly, the collection agency will ask for as much information and evidence as possible. For example, supply a copy of your invoice, the payment reminder(s), messages you have exchanged with your customer.

Sometimes a collection agency will also ask for proof of delivery of your product or service, general terms and conditions, and agreements. The more information you provide, the better the agency can work for you. Make sure you and the agency are careful with your client's personal data. You must comply with the privacy law GDPR. 

Follow-up steps

The debt collection agency will contact your customer. They will discuss the situation and propose a payment arrangement. If there is again no response, a second reminder usually follows. Is your invoice still not paid after all these attempts? Then you can consider legal action. To do so, engage a bailiff or debt collection lawyer. They can start legal proceedings. They may also take the matter to court.

Costs

By law, a collection agency may charge a maximum of 15% on an invoice amount of up to €2,500. For larger bills, the percentages are lower. Most debt collecting agencies only charge fees once the debt has been successfully recovered. But check what the contract with your debt collecting agency says on this matter, as there may be exceptions. The costs of debt collection are for your customer