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Written by Riviera Reporter
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Sometimes you don't have to pay…
That's the good news for Sheila in Fréjus. She owes money to a firm of
architects and delayed payment because she is disputing some aspects of
their work. They've now sent her “a final demand” with the amount due
inflated by “interest”, “penalty” and “administration costs” (frais de
dossier).
No way … unless these charges were clearly spelled out in a prior
written agreement. Interest can only be imposed if — not the case, it
seems — the demand has been notified by a registered letter with
recorded delivery or by a document handed over by a bailiff (huissier).
Currently, the rate chargeable in such cases is limited to 2.7 per
cent. The “penalty” is only enforceable if indicated in an initial
agreement; it can't just be added to a bill. As to "administration
costs", these can only be recovered if a judge so orders.
From Reporter 105 - Oct/Nov 2004
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