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General conditions AGIN Timmermans


General conditions of each participating firm in the sectorial association ‘Associatie van Gerechtsdeurwaarders en Incassospecialisten in Nederland’ (AGIN)

1. Scope
1.1 Exclusively the general conditions of the AGIN firm are applicable to all assignments granted to them for the carrying out of official and non-official activities, unless established otherwise in writing.

2. Definitions
2.1 The AGIN firm is a participating is a bailiff’s firm that is a member of the Netherlands bailiffs’ association ‘Associatie van Gerechtsdeurwaarders en Incassospecialisten in Nederland’.
2.2 Clients are those persons granting the assignment, and not intermediaries, to the AGIN firm.
2.3 Intermediaries are those persons who carry out an assignment for legal or collection activities professionally, whereby are intended lawyers, bailiffs, collection agencies, and legal-assistance insurers.
2.4 Official activities are all activities assigned to the bailiff by the Law.
2.5 Non-official activities are all activities to be conducted by the AGIN firm that have not explicitly been assigned to the bailiff by the Law. These include, amongst others, though not exclusively: activities in the context of credit management, collection activities, the giving of advice, the provision of legal assistance, the conducting of procedures, the filing of subpoenas, the attending at the cause-list session in court, and all associated activities.

3. Acceptance
3.1
An assignment granted to the AGIN firm counts as accepted if such has been confirmed in writing by them to the client or when they have started with the implementation of the assignment. The AGIN firm has started with the implementation of the assignment in any event at the moment that they have behaved as a contractor towards third parties.
3.2 All assignments that are granted to one or more bailiffs associated with the AGIN firm are deemed to have been granted to the AGIN firm in case.
3.3 The AGIN firm never accepts assignments for the monitoring of and the timely interrupting of the limitation period, unless such an assignment has been explicitly granted to the AGIN firm and has been accepted by the AGIN firm in writing. Client at all times remains responsible himself for the timely interrupting of the limitation period and for the monitoring of the limitation period.
3.4 The AGIN firm always has the right to prematurely cancel the (assignment) agreement with immediate effect by notice, for example (though not exclusively) if in the opinion of the AGIN firm there is a breach of trust between them and the client, if the agreement in the opinion of the AGIN firm has become impossible to implement because the debtor has left for an unknown destination, if no assets of the debtor that are collectable by the AGIN firm are available anymore, if the client gives indications or requests to the AGIN firm that the AGIN firm, on grounds of the Law and/or the code of conduct applicable to the office of bailiff, cannot carry out, or if client leaves unpaid one or several invoices of the AGIN firm or upon request of the AGIN firm remains negligent with the payment of any advance or with the lodging of security for the costs incurred or to be incurred by the AGIN firm.

4. Activities
4.1
The activities and legal measures will always occur at the expense and risk of the client.
4.2 If there are multiple clients, several and joint liability applies for compliance with the obligations.
4.3 The AGIN firm is at liberty to engage third parties, also including another bailiff or a lawyer, for activities such as the conducting of official transactions, the attending of case-list sessions, the execution of enforceable titles and/or the conducting of legal procedures. These costs are billed by the AGIN firm to the client as disbursements.
4.4 In case the general assignment is given to the AGIN firm to conduct collection activities or to do what is necessary to obtain payment of an enforceable title, then they are at liberty to make payment arrangement with the debtor that is acceptable in their eyes.

5. Rates
5.1
The AGIN firm for the activities conducted by them bills a fee as is determined in their rates. These rates are an integral part of these general conditions.
5.2 The AGIN firm also has the right to bill the fee that falls to them according to their rates to the client if the client makes an arrangement or a settlement with the debtor, withdraws the collection assignment, or leaves the AGIN firm without notice despite a reminder. These cases will then be equated for the purpose of the calculation of their fee with having collected the claim entirely.
5.3 The AGIN firm has the right to set off the amounts received by them against everything that client owes them. Client grants an irrevocable authorization to the AGIN firm to set off all amounts falling to the AGIN firm, both exigible and not (yet) exigible, against the funds received in the cases of the client. An explicit settlement statement from the AGIN firm is not required or is deemed to have always been provided prior to settlement. In case the AGIN firm is handling multiple cases for client, then a possible positive balance to the benefit of the client in one case is designated as an advance to cover costs incurred and/or down payments not paid yet in the other cases pending for the benefit of client.
5.4 The AGIN firm has the right to keep, as a manner of down payment, a certain amount under his control for such costs and disbursements as may still be incurred in cases they are handling for the benefit of client.
5.5 The AGIN firm has the right to annually adjust their rates on the basis of the modification of the monthly index rate according to the consumer price index (CPI) series CPI - for all households (2000 = 100), as published by the Dutch statistics institute (CBS).

6. Liability
6.1
The AGIN firm is not liable for damage that the client has incurred or will still incur as a result of a shortcoming in complying with the assignment, unless the damage can be attributed to them on grounds of wilful intent or gross fault.
6.2 The AGIN firm is not liable for damage incurred by third parties as a result of actions that were carried out upon express request of the client.
6.3 No liability is accepted by the AGIN firm, barring to the extent the obligatorily concluded professional liability insurance in such case as may occur grants entitlement to a disbursement.
6.4 To the extent the AGIN firm nevertheless is liable for damage that client incurs or will incur, then such liability is always limited to the direct damage and to two times the fee that client owes to contractor on grounds of the present conditions.

7. Advance payments
7.1
The AGIN firm is obliged to demand that the client deposits an amount to be determined by the AGIN firm as a down payment to cover the costs to be incurred and/or already incurred.
7.2 The AGIN firm has the right to withhold an amount, to be determined by them, from the funds they will owe to the client and to use this amount as a down payment for the costs that the AGIN firm has incurred for that client or still has to incur.

8. Payment
8.1
Settlement of everything that is owed to the AGIN firm must occur within 14 days after the AGIN firm has sent their bill to their client, failing which the client owes an interest compensation to the amount of the statutory interest as from the due date.
8.2. Complaints regarding invoice amounts must be submitted within 14 business days after invoice date by way of a substantiated letter to the AGIN firm. Complaints made in another manner, or that have arrived at the AGIN firm later than that, are of no value and cannot provoke any legal effect. Any right of complaint lapses if said term is not observed as well as in the event third parties have conducted activities for the AGIN firm. Complaints never confer the right to the client to apply compensation or the setting off of debts.
8.3 If the client after default notice remains negligent to settle the bill, the client forfeits to the AGIN firm a contractual fine in the amount of 15% of the outstanding bill. To the extent, however, that the client was not acting from the exercise of a profession or business, the AGIN firm is entitled to an amount that is equal to the maximum amount permitted statutorily in the matter of extrajudicial collection costs, as established in and is calculated in accordance with the decree on the calculation of collection costs ‘Besluit vergoeding voor buitengerechtelijke incassokosten’, to the extent the amount outstanding – after the default enters into effect – is not settled still following warning within 14 days counted from the day falling after the day of the warning by the AGIN firm. What is established in this article does not impair the right to payment of the bill and the contractual interest owed.

9. Disputes
9.1
To the legal relationships between the AGIN firm and their client, Netherlands legislation is applicable.
9.2 In all cases that may occur, disputes are submitted to the regular court of the place of establishment of the relevant AGIN firm, unless the Law establishes otherwise.

10. Modifications
10.1
The AGIN firm is authorized at all times to modify these conditions completely or partially or to supplement them, without the AGIN firm owing any compensation for this.

Rates for clients as associated with the general conditions of the AGIN firm

11. Definitions
11.1
The calculation of the collected amount is based on the total of the amounts paid, on condition such payment has occurred after the granting of the collection assignment.
11.2 By collected amounts are also intended, regardless of from whom the payment derives, amounts paid directly or indirectly to the client or to his client.
11.3 Equated with payment is another performance carried out by the debtor or a third party for the client or his client for the settlement of the claim transferred for collection.
11.4 By the debtor’s rate is intended the rate based on the decree on bailiffs’ costs ‘besluit tarieven ambtshandelingen gerechtsdeurwaarders’ (stbl.2001, no. 35) as intended in article 240 and article 434a legal procedures code (Rv).

12. Collection commission
12.1
The collection commission is calculated over the collected amount in accordance with the scale below. In cases in which nothing is collected and cases whereby an amount of € 266.60 or less has been collected, the AGIN firm bills the client a minimum amount of € 40 in collection commission, barring in the event a situation occurs as mentioned in art. 5.2, in which case the rates table below (collected) is applicable. For cases in which more than € 266.60 has been collected, the collection commission below is billed cumulatively, under the proviso that a deviating rate may be applied if the legal relationship between creditor and debtor makes such possible and for the collection of alimony and associated claims, for which a collection commission applies of 15% with a minimum of € 75.

Received:                                                                  Collection Commission (% of amount received):
€ 2,500 or less                                                       15 % (minimum € 40)

More than € 2,500 through € 5,000          Rate according to previous scale + 10%

More than € 5,000 through € 10,000        Rate according to previous scales + 5%

More than € 10,000 through € 200,000   Rate according to previous scales + 1%

More than € 200,000                                           Rate according to previous scales + 0.5% 
                                                                                           with a maximum of € 6,775.

13. Consultancy
13.1
For activities and/or costs that do not fall within the framework of the regular collection activities (such as the conducting of negotiations, the giving of advice, the conducting of a procedure, the rendering of legal assistance, etc.) the client owes the AGIN firm wages of € 135 per hour. The AGIN firm has the right to establish a different hourly rate with the client for activities with a specialist character.

14. Administrative costs
14.1
The administrative costs incurred in principle are passed on to the client on the basis of the so-called debtor’s rate as intended in the decree on bailiffs’ rates ‘Besluit Tarieven Ambtshandelingen Gerechtsdeurwaarder’ (BTAG). For the issue of a writ for which no debtor’s rate is effective, the client owes a fee that is equal to the rate for the serving of a title (article 2, sub b BTAG). For a deed of record an hourly rate applies of € 135, with a minimum of € 175.
14.2 For an unsuccessful official act the cause of which cannot be attributed to the AGIN firm, half of the applicable debtor’s rate is billed to the client.
14.3 For a writ that has already been prepared that upon request of the client does not have to proceed, a minimum amount of € 35 is billed to the client.
14.4 For official acts that must be carried out on the day of receipt of the assignment within the customary office hours (8:30 AM to 5:30 PM), besides the debtor’s rate a surcharge of 50% is applied.
14.5 For official acts that must be carried out outside the customary office hours (8:30 AM to 5:30 PM), besides the debtor’s rate a surcharge of 100% is applied.
14.6 In case of official activities that the AGIN firm can reasonably designate as special, the AGIN firm applies, besides the debtor’s rates established by the authorities, an hourly rate of € 135 for each hour worked. Designated as special can be, amongst other things, official activities that take longer than the time included in the simple debtor’s rate, as well as labour-intensive and/or time-consuming official activities that require more care and time than is usual. The judicial eviction, assumption of control, detention order, disconnection, attachment on movable property, conservation attachment, receivership, and execution of a seizure order are always designated as special in the sense of this article. Travel time is calculated from and to the nearest AGIN firm of contractor, with a discount of 50% on the hourly rate mentioned in this article.
14.7 The compensation for disbursements and the costs of any possible assistants that cannot be claimed (entirely) from the debtor in accordance with the debtor’s rates established by the authorities, or that have not been settled (entirely) by the debtor, are passed on to the client.
14.8 The AGIN firm passes on the duties billed to it for monitoring and disciplinary law to their client. This occurs in the form of a surcharge per writ filed in the amount of the rate established by the bailiffs’ organisation ‘Koninklijke Beroepsorganisatie van Gerechtsdeurwaarders’ most recently. Upon first request of client, the AGIN firm will communicate this rate to the client.

15. Subsequent costs/Subsequent wages
15.1
The AGIN firm has the right to bill subsequent costs/subsequent wages to the client. The rate of the subsequent costs/subsequent wages is generally determined at a half point of the wages liquidated, or otherwise by the liquidation rate of the courts of law, courts of appeal, and the Supreme Court. To the extent possible, the subsequent costs/subsequent wages are claimed from the sentenced party and set off with the client.

16. External (information) costs
16.1
The AGIN firm has the right to bill external (information) costs to the client, to the extent possible these costs are claimed from the debtor and set off with the client. For the following acts is owed:

Information civil registry:  € 6.00  per  application
Information Income:  € 6.00  per  application
Information vehicle registration:  € 7.50  per  application
Information credit registration: € 6.00  per  application
Information Chamber of Commerce:  € 7.50  per  registration
Information Cadaster:  € 6.00  per  message
Registrations digital attachment register:  € 6.00  per  registration
Publication Official Gazette:  € 10.00  per  publication

17. VAT
17.1
All amounts listed in these conditions are exclusive of the sales tax owed on them.

Rates for intermediaries established in the Netherlands as associated with the general conditions of the AGIN firm

18. Definitions
18.1
The calculation of the settlement costs is based on the total of all collected amounts.
18.2 Collected amounts, regardless of whom the payment derives from, are all amounts paid directly to the bailiff, directly or indirectly to the claiming party and the intermediary, on condition such payment occurred after the granting of the assignment for settlement.
18.3 Equated with payment is another performance carried out by the debtor or a third party for the bailiff, the claiming party, or the intermediary with the purpose of settling the claim transferred for collection.
18.4 By debtor’s rate is intended the rate based on the decree regarding bailiffs’ rates ‘Besluit tarieven ambtshandelingen gerechtsdeurwaarders’ (stbl.2001, no. 35) as intended in article 240 and article 434a legal procedure code (Rv).

19. Basic fee
19.1
In cases in which the AGIN firm creates a file and keeps records of the information of the case, a basic fee is due of € 35. As soon as the fee to be billed exceeds the basic fee stated, the entitlement to such basic fee lapses.

20. Attending of case-list sessions
20.1
For the creation of the case file, the filing of the case, including the first case-list appearance and the issue of the associated session report, an amount of € 37, under the proviso that in the event of cases in absentia with a stake until € 250, no more than the allocated wages is owed.
20.2 For each subsequent case-list appearance and the associated case-list report is owed an amount of 
€ 8.25.
20.3 For the preparation and the attending of appearances of parties, questioning, and judicial visit on location, by one of the bailiffs themselves or by a qualified assistant of their firm is owed an amount of € 135 per hour.

21. Settlement costs
21.1
The settlement costs are calculated as follows over the amounts collected:

Sum over which settlement costs are calculated                                  Percentage
Over the first amount up to € 20,000                                                            5.0 %
Over the amount exceeding € 20,000                                                           2.5 %

22. Administrative costs, disbursements, and costs other activities
22.1
The administrative costs incurred in principle are passed on to the intermediary based on the so-called debtor’s rate as intended in the decree on rates for official acts by bailiffs ‘Besluit Tarieven Ambtshandelingen Gerechtsdeurwaarder’ (BTAG). For the issue of a writ for which no debtor’s rate applies, the intermediary owes a fee that is equal to the rate for the serving of a title (article 2, sub b BTAG). For a deed of record, an hourly rate applies of € 135 with a minimum of € 175.
22.2 For an unsuccessful official act the cause of which cannot be attributed to the AGIN firm, half of the applicable debtor’s rate is billed to the intermediary.
22.3 For a writ already prepared that upon request of the intermediary does not have to proceed, a minimum amount of € 35 is billed to the intermediary.
22.4 For official acts that must be carried out on the day of receipt of the assignment within the usual office hours (8:30 AM to 5:30 PM), besides the debtor’s rate a surcharge of 50% is billed.
22.5 For official acts that must be carried out outside the customary office hours (8:30 AM to 5:30 PM) besides the debtor’s rate a surcharge of 100% is billed.
22.6 In case of official acts that the AGIN firm can reasonably designate as special, the AGIN firm bills, besides the debtor’s rates established by the authorities, an hourly rate of € 135 for every hour worked. As special can be designated, amongst other things, official activities that take longer than the time that is included in the simple debtor’s rate, as well as labour-intensive and/or time-consuming official activities that require more care and time than is customary. The judicial eviction, assumption of control, detention order, disconnection, attachment on movable property, conservation attachment, receivership, and execution of a seizure order are always designated as special in the sense of this article. Travel time is calculated from and to the nearest AGIN firm of contractor, with a discount of 50% on the hourly rate mentioned in this article.
22.7 The compensation for disbursements and the costs of any possible assistants that cannot be claimed (entirely) from the debtor in accordance with the debtor’s rates established by the authorities, or that have not been settled (entirely) by the debtor, are passed on to the intermediary.
22.8 For activities and/or costs that do not fall within the framework of regular (collection) activities (such as the conducting of negotiations, the giving of advice, the conducting of a procedure, the rendering of legal assistance, etc.) the intermediary owes the AGIN firm wages in the amount of € 135 per hour.
22.9 The AGIN firm has the right for activities with a specialist character to establish a different hourly rate with the intermediary.
22.10 The AGIN firm passes the fee for monitoring and disciplinary law billed to them on to their client. This takes place in the form of a surcharge per filed writ to the amount of the rate established most recently by the bailiffs’ organisation ‘Koninklijke Beroepsorganisatie van Gerechtsdeurwaarders’. Upon first request of the intermediary, the AGIN firm will communicate this rate to the client.

23. Subsequent costs/Subsequent wages
23.1
The AGIN firm has the right to bill subsequent costs/subsequent wages to the intermediary. The rate of the subsequent costs/subsequent wages is generally established at a half point of the liquidated wages, or otherwise by the liquidation rate of the courts of law, courts of appeal, and the Supreme Court. To the extent possible, the subsequent costs/subsequent wages are claimed from the sentenced party and set off with the intermediary.

24. External (information) costs
24.1
The AGIN firm has the right to bill external (information) costs to the intermediary, to the extent possible these costs are claimed from the debtor and settled with the intermediary. For the following actions is owed:

Information civil registry:  € 6.00  per  application
Information Income:  € 6.00  per  application
Information vehicle registration:  € 7.50  per  application
Information credit registration:  € 6.00  per  application
Information Chamber of Commerce:  € 7.50  per  registration
Information Cadaster:  € 6.00  per  message
Registrations digital confiscation register:  € 6.00  per  registration
Publication Official Gazette:  € 10.00  per  publication

25. VAT
25.1
All amounts listed in these conditions are exclusive of the sales tax owed on them.

These General Conditions and Rates are applicable to the assignments granted to the AGIN firm after 27 December 2019. Applicable to the assignments granted until such time are the General Conditions and Rates effective at such time. The General Conditions and Rates were registered with the Court of Amsterdam on 30 October 2019 under number 68/2019. A copy will be forwarded to you upon request.








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AGIN Timmermans: General conditions AGIN Timmermans
General conditions AGIN Timmermans
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