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iff institute for financial services e.V.Evaluation of the debt collection regulations of the law against dubious business practices

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Authors:
Udo Reifner, Dirk Ulbricht, Wolfhard Kohte, Dörte Busch & Kerim S. Al-Umaray

Release date:
2018

Publication:
iff institute for financial services e.V., final report

The German Federal Ministry of Justice and Consumer Protection intends to have the debt collection regulations of the law against dubious business practices evaluated externally and has therefore tendered for the preparation of a study. The period to be evaluated extends from 9 October 2013 to 31 October 2016. The purpose of the study is to make it possible to assess the effectiveness of the provisions under the law on collective payments and also to identify any legislative need for action. The task is thus a classic ex-post evaluation of the situation after the change of law.

The study has shown that since the law was passed, the costs due to the debt collection sector have increased significantly. Thus, a core element of the amendment has not been achieved. In the non-attorney debt collection as well as in the lawyer's debt collection, the fee calculation with a 1,3-fold rate is most frequent. In addition, further outlays are generally claimed. For example, a 30-euro order on the Internet for non-payment without the dunning costs of the original creditor adds up to 100.20 euros and triples. Based on the file situation of the initial letters provided by the BDIU, it is possible to give an overview of the various branches that hire collection agencies.

Link to publication