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Can a company force me to pay a faktura bill?

Faktura bill

Vprok
post 9.Mar.2016, 09:29 AM
Post #1
Joined: 15.Apr.2015

Hi, locals, please help me to understand a thing about FAKTURA bill.

We have an issue with badkompaniet company. We applied for baby swimming course by email and they sent us a faktura invoice. We have never signed any agreements or anything. It was just email conversation.
The problem is that we found a new place which is cheaper and a lot closer to the place where we live.
We tried to cancel the course(3 days in advance), but they state that now we must pay the invoice(which is 1500+ kr) even if we won't participate.

We're new here in Sweden and can't really understand, how one can force us to pay for the service we didn't get and we even didn't signed any papers. Is that possible here in Sweden? They state that the only way to cancel the course is to get the medical certificate that our kid can not swim at all.

Please help me to understand how to behave in this situation.

Thanks!
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Case officer
post 9.Mar.2016, 10:28 AM
Post #2
Joined: 25.Jul.2012

Only if you buy real estate is a written contract necessary. The company seemto have a mail that you have a business agreement, and that may be enough in court.
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ChocOwl
post 9.Mar.2016, 10:52 AM
Post #3
Joined: 17.Jan.2011

See whether your local municipality has a konsumentr?dgivare or konsumentv?gledare who can look at the wording of your email exchange, to see whether you made a binding agreement or not.
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Dr.danial
post 9.Mar.2016, 11:08 AM
Post #4
Location: Stockholm county
Joined: 25.Jun.2015

QUOTE (Vprok @ 9.Mar.2016, 09:29 AM) *
Hi, locals, please help me to understand a thing about FAKTURA bill.We have an issue with badkompaniet company. We applied for baby swimming course by email and they sent us a ... (show full quote)


You applied by email, this means that you accepted their terms and conditions and they issued faktura too after you showed your interest, they don't need a signed contract. Your email is enough that you have signed for the course and it is a legal contract.

THE only and right way to tackle such issue is (1) First, pay Bill/faktura, Next (2) communicate with them or challenge with kosumerverket (local court) http://www.konsumentverket.se

If you don't pay faktura, they'll sell their faktura to another company which collects faktura, and the new company'll send you a new faktura with additional 300-400 SEK (their own admin charges), which you must pay.

ALWAYS, pay faktura even if there is difference of opinion and if the company insists and you can not reach to any agreement before deadline, because this can be reversed by konsumervket (http://www.konsumentverket.se) or Ombudsman.
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littleviking
post 9.Mar.2016, 11:09 AM
Post #5
Joined: 26.Feb.2014

if you buy online you have 14 days to cancel a buy its your right http://www.hallakonsument.se/klaga-angra-e...ment/angerratt/
http://www.hallakonsument.se/other-languag...llation-rights/
also look a little at this
http://www.hallakonsument.se/klaga-angra-e...-inte-bestallt/
http://www.hallakonsument.se/other-languag...ka1/agreements/

the fact that you are being charged for a services you did not request to buy is illegal, call them and explain that if they insist on billing you you will contact Konsumentverket and make a formal complain since requiring information is not the same thing as requiring to buy a product
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Vprok
post 9.Mar.2016, 11:19 AM
Post #6
Joined: 15.Apr.2015

Thanks for your replies!
I will try to communicate with http://www.konsumentverket.se and try to ask them what to do.

Will definitely come back with a story when the issue is closed(doesn't matter who will win) smile.gif

Thanks!
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LLHope
post 9.Mar.2016, 12:07 PM
Post #7
Location: Stockholm
Joined: 1.Jan.2014

QUOTE (littleviking @ 9.Mar.2016, 11:09 AM) *
if you buy online you have 14 days to cancel a buy its your right
There are exceptions to this rule, especially with regards things where places are booked, tickets etc... since it is time based and the seller is bound/cannot-sell the place/ticket you have.

OP, Yes you must pay. Badkompaniet have a process where they only send an invoice once you have been offered and accepted a place for your Child. You must have done that? When confirming the place you also tick the checkbox that states you have read the terms etc... of acceptance and payment. Those terms make it explicitly clear that you can cancel the place offered up-until you confirm the acceptance, if you accept the offered place then the full payment is expected whether you use it or not.
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Hisingen
post 9.Mar.2016, 06:49 PM
Post #8
Joined: 5.Jul.2012

As always, read the small print, and do not be too hasty in pressing the Accept button, it can cost you dearly. Those on 'the other end' are pretty sharp on this and have got you over a barrel.
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Technician
post 9.Mar.2016, 10:25 PM
Post #9
Joined: 20.Sep.2015

One things i learnt in Sweden, first the invoice then fight for your rights, it is just to avoid being black-listed or over charged by reminders.

I believe since you agreed by email discussion with them and they issued invoice, then you will have to pay.

Changing the mind sometimes can cost us smile.gif
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David S
post 9.Mar.2016, 11:30 PM
Post #10
Location: Gävle
Joined: 12.Oct.2005

QUOTE (Dr.danial @ 9.Mar.2016, 11:08 AM) *
ALWAYS, pay faktura even if there is difference of opinion and if the company insists and you can not reach to any agreement before deadline, because this can be reversed by k ... (show full quote)


QUOTE (Technician @ 9.Mar.2016, 10:25 PM) *
One things i learnt in Sweden, first the invoice then fight for your rights, it is just to avoid being black-listed or over charged by reminders.


Nope! If you disagree with a bill they cannot "blacklist" you if you follow the right procedure. 5 years ago we received a bill from some plumbers that far exceeded what they quoted us with lots of extra costs they didn't mention.

We contacted the kommun consumer advisor and they said we should just pay it, we should have asked them specifically if there were any other costs.

I play a lawyer on the internet so actually went and read the law and discovered it says the exact opposite - companies are obliged to tell consumers about all costs upfront. So we sent the bill back with a letter and "bestridelse" written across the bill.

They regularly sent us reminders trying to get us to pay it, we initally kept writing back with a response (including an offer of what we thought was fair), and then eventually just began ignoring them. This went on for about 2.5 years.

Nearly 5 years later, we got the bill again, this time from Inkasso - a debt collection agency. We called them and explained the situation and sent them a copy of the "bestridelse" bill. They dropped it - Inkasso would never even have accepted it from the plumbers if they new it had been challenged.

If the plumbing companies wants to force us to pay, they have to take it to court.

Monday this week the plumbers called and wanted to negotiate some kind of payment.

Don't let yourself be bullied!
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yet another brit
post 10.Mar.2016, 10:16 AM
Post #11
Joined: 5.Jan.2013

A little tip I found out the hard way...

If you get a parking ticket when on public property (ie, from the police) then you have no choice but to pay first and appeal later.

If you get a parking ticket when on private property (ie from a company), you are free to "bestrida" before paying if you believe the ticket has been issued in error. Unsurprisingly, this isn't made particularly clear...
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Vprok
post 11.Mar.2016, 10:30 AM
Post #12
Joined: 15.Apr.2015

Hello all.

Thanks for your replies and advises.
This time we decided to pay(too much nerves will be burned). Anyway our kid will benefit from it smile.gif
It is very hard to get inside this kind of troubles without knowing the local language smile.gif
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trumanshow
post 11.Mar.2016, 05:03 PM
Post #13
Joined: 8.Aug.2012

Badkompaniet by name, badkompaniet by nature.

Always pay in Sweden. My nerves were frazzled by demands that I didn't expect. Its hard to reason with, its process multiplied by stubbornness.
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Exakte
post 12.Mar.2016, 03:32 AM
Post #14
Joined: 2.Feb.2016

You don't have to, and should never, pay a bill sent to you under false premises. If you dispute it within 10 days, you're no longer obliged to pay unless taken to court.

The only exceptions are bills issued by authorities. In these cases, the 'pay first, argue later' advice applies. For normal companies, just dispute it. Getting your money back is significantly harder.
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elliha
post 13.Mar.2016, 09:23 PM
Post #15
Joined: 13.Oct.2014

If you feel this is a wrongful bill you send back the bill with the writing "Jag bestrider r?kningen" (always copy this before you put it in the mail to prove what you did) and the date for this. This way you will not end up with Kronofogden for not paying. If the bill is later found to be a correct bill you will have to pay but you will not have any damage to your payment history.

Many times when you make an application for things like this swimming, sports, dance class and so on there will be a line which says "Anm?lan ?r bindande" that means that if you apply you are forced to stand by this application and pay for the course if you are accepted. This is common when those arranging it know that they will get a lot of applicants to simplify the process for them. Always read the terms and if possible have a Swedish speaker them as well if your Swedish is basic.
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