Debt collection demands and payment default records
Inkassokrav och betalningsanmärkningar - Engelska
Receiving a debt collection demand or an injunction for order to pay from the Enforcement Authority does not mean that you will automatically have a payment default record placed in your credit file. You can contest an unfounded demand for payment in the same way as you can against an incorrect invoice.
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This information applies to only private persons. Different rules apply to business enterprises.
This information relates to personal debts, i.e. debts owed to private individuals and businesses. For debts to the central government or local government, such as unpaid taxes or charges, different rules apply.
Keep this in mind
You are responsible for paying invoices when due, irrespective of whether you have received the invoice or not.
If you receive an incorrect or unfounded demand, it is important that you contact the party that sent you the demand to dispute (contest) it in writing.
A demand for payment from the Enforcement Authority does not mean that you will automatically receive a payment default record. You can pay the claim or contest it if it is unfounded.
If you do not respond to a debt collection demand from the Enforcement Authority, you may receive a payment default record.
A payment default record stays on your credit file for three years and this can make it difficult, for example, to rent a home, borrow money, open an account or subscribe to something.
If you need advice about your personal finances, you can contact your local authority’s financial and debt advice service.
You are responsible for paying your bills on time
When you purchase something on credit with an agreement to pay by invoice, you are always responsible for paying the invoice by the due date. This applies irrespective of whether you have received the invoice or not. If your invoice gets lost in the post, for example, this does not change your obligation to pay it. If you don’t have the invoice, you need to contact the company and ask for the invoice details so that you can pay.
If you receive an invoice that you think is incorrect, it is important that you challenge the validity of the invoice in writing, this is called disputing the claim for payment.
How much time do I have to pay an invoice?
There is no specific law that determines how many days you have to pay an invoice. Companies determine the terms of payment, and when you choose to purchase something from them you agree to these terms of payment. This means, for example, that you cannot demand 30 days terms to pay an invoice.
For example, some companies offer to invoice with the payment due in ten days, while others offers a longer credit period. Therefore, read the payment terms and conditions before you purchase something. You must pay when the company requests, provided you have received what you have purchased.
If you receive a debt collection demand
In some cases, companies contact debt collection agencies to help collect the payment. Receiving a debt collection demand does not mean that a payment default record has been entered into your credit file or necessarily will be. It is only if the case is referred to the Enforcement Authority, and if you do not pay or contest the claim, that you may have a payment default record placed on your credit file.
If a debt has been assigned to the debt collection agency, you will need to pay off the debt directly to the debt collection agency.
Deadline for payment
According to the guidelines for debt collection agencies, the time you have to pay the claim may not be less than eight days from the date the demand to pay was sent. You should have at least four business days to pay or contest the claim from the time you are deemed to have received it.
Inform the debt collector if you are unable to pay or will be late in paying
If you are unable to pay on time when due, you should contact the party who sent the demand for payment and attempt to agree a solution. For example, this could involve setting up a repayment schedule. If you send in the payment to satisfy the debt a bit late, it is important that you contact the party who sent you the demand for payment and inform them that payment is on its way. Otherwise there is a risk that the debt will be pursued by the company, for example by being turned over to the Enforcement Authority.
Costs which the debt collection agency is entitled to charge
The debt collection agency is statutorily entitled to charge certain costs associated with the debt collection process. For example, the company is entitled to charge for:
a debt collection demand letter, up to a maximum of SEK 180
a payment reminder (dunning notice) – provided that information about the dunning charge is included in your contract with the company – not exceeding SEK 60
a repayment schedule, maximum SEK 170.
Dispute it if it is an unfounded debt collection demand
If the debt collection demand is unfounded, you can dispute (contest) the demand for payment. It is important that you send your dispute to the debt collection company that sent the demand. It is advisable to make contact with the debt collection agency documentary form, for example by e-mail or by logging in to debt collection agency’s account for you on their website. Describe what you think is incorrect with the demand or why it is unfounded. There must be objective reasons why you are not paying, for example that the demand is for a product that you did not order. Not being able to pay is not a good enough reason.
It is important that you have a written record of you having disputed the validity of the claim with evidence that you have explained why it is wrong or unfounded. Otherwise, you risk having a payment default record placed on your credit file.
The Authority for Privacy Protection (IMY) monitors the compliance of debt collection agencies with statutory and regulatory requirements
The Authority for Privacy Protection licences and regulates debt collection agencies. If you have questions about how a debt collection agency can operate, you obtain more information from their website. You can also find contact details for their Information Service.
If you receive a demand from the Enforcement Authority
Sometimes companies turn to the Enforcement Authority for help in collecting debts. This is called applying for an injunction for order to pay.
The Enforcement Authority will send out a letter
If the company has applied to the Enforcement Authority, you will receive an envelope from the Enforcement Authority with an injunction for order to pay. The first thing you need to do is acknowledge to them that you have received the letter. You can do this either by signing the Acknowledgement of service and sending it back to the Enforcement Authority, or by telephoning the Enforcement Authority’s Customer Service line. In connection with you confirming that you have received the Payment Order, if you think the injunction for order to pay is in error you should contest the claim. Acknowledging that you have received an injunction for order to pay does not mean that you are acknowledging the correctness of the claim, but rather is merely a record that you are aware that the claim exists.
If the claim for payment is correct, pay it
If you agree the claim for payment of a debt is valid, you should pay the party whom you owe money to. If the request has been made by a representative, the payment should be made to them. You will also need to pay any interest due and other costs. Once you have paid, the creditor (the party whom the money is owed to) must withdraw the petition to the Enforcement Authority.
Contesting if the demand for payment is unfounded or otherwise not correct
The Enforcement Authority does not assess and adjudicate whether or not the company has a legitimate claim and is entitled to receive payment from you. Therefore, it is important that you tell the Enforcement Authority that you dispute (“contest”) the claim if you think it is unfounded or otherwise not correct. The letter from Enforcement Authority will tell you what to do if you do not agree that the claim is valid, and how much time you have to respond.
You will not have a payment default record against you as long as you pay or dispute the claim within the prescribed time
If you notify Enforcement Authority that the claim is unfounded within the time limit for replying, you will not have a payment default record placed on your credit file. However if you do nothing, i.e. neither pay nor notify that the claim is unfounded or otherwise incorrect, the Enforcement Authority will issue what is known as a ruling (decision). This means that Enforcement Authority decides that you are obligated to pay what the company is demanding. In this situation, you will receive a payment default record noted in your credit file, which means that a record of non-payment will appear in any credit reports the credit reporting agency issues about you.
If you would like more information
If you have questions and seek more information, contact the Enforcement Authority or read the information on their website.
The Enforcement Authority’s website
When is a debt time-barred?
If you have purchased an item or service from a company, the company has up to three years to demand payment. After three years, the company can no longer claim the money from you. That means that the collection of the debt is time barred, due to time specified in the statute of limitations having run out. But sometimes the statute of limitations period is extended and the creditor gets more time to collect the debt. So don’t count on your debt becoming time-barred.
Read more about the statute of limitations (prescription period)
Under what circumstances will a payment default record appear in my credit file?
A payment default record is a notation in a credit information register that the person has not paid a debt on time. If you have a payment default record on your credit file, it will affect your credit rating and you may find it difficult to rent a home, apply for a bank loan or get a mobile phone subscription, or any similar instance where a credit check of your credit worthiness is made.
Under what circumstances can I avoid a payment default record?
You will not automatically have a payment default record appear on your credit file simply because you have received a debt collection demand. Nor will your credit file show a payment default record simply because the case has been referred to the Enforcement Authority. However if you do nothing, i.e. neither pay nor notify that the claim is unfounded or otherwise incorrect, the Enforcement Authority will issue what is known as a ruling (decision). This means that the Enforcement Authority decides that you are obligated to pay what the company is demanding. In this situation, you will receive a payment default record noted in your credit file, which means that a record of non-payment will appear in any credit reports the credit reporting agency issues about you.
Another situation in which you may have a payment default record placed on your credit file is if the company files a lawsuit in a district court and you do not respond to the summons to appear or if you fail to attend the court proceedings. However you will not receive a payment default record as long as you comply with the decision of the district court.
Credit reporting agencies register payment default records
The credit reporting agencies are the ones who register the payment default records. They take information from databases such as those of the Enforcement Authority. It is not the Enforcement Authority that deals with payment default records. If you want to check whether you have a payment default record on your credit file, you will need to contact one of the credit reference agencies.
A list of all credit reporting agencies is available from the Authority for Privacy Protection
How long does a payment default record stay in the register?
For private individuals, a payment default record remains on their credit file for three years after the date on which the payment default record arose.
Advice on your personal finances
As a universal obligation placed on every municipality in Sweden, they must offer financial and debt advice without charge to its inhabitants. A financial and debt counsellor can help you:
get a handle on your finances and give advice on how to manage and prioritise debt
draw up a list with your monthly income and expenses
apply for debt restructuring
provide other support before, during and after a debt restructuring
Prepare suggestions of voluntary agreements with your creditors, that is to say the people you owe money to
discuss better terms with those you owe money to.
Source: KonsumentverketIntegritetsskyddsmyndighetenKronofogden
Proofread: 21 February 2023