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It seems ridiculous to pay for something you can no longer use. Debt collection agencies Omnicas and EOS Schweiz AG see this situation differently. Two years ago, the Hotshape gym chain ran into financial difficulties and filed for bankruptcy.
Customers had signed installment contracts with Omnicas for fitness subscriptions costing several thousand francs. Despite all branches being closed, debt collection agency Omnicas initially asked customers to continue paying the monthly installments of their partial payment agreements.
Debt collection agency puts pressure on court orders
After customers defended themselves against these demands, various observant readers are now reporting that the debt collection agency EOS Schweiz AG wants to collect the money. In its new request for payment, the company subtly references two final, anonymized court decisions in an attempt to put even more pressure on it. These are intended to verify the payment obligation requested by EOS.
St. The first decision of the District Court of St. Gallen contains only a very brief justification. Therefore, it is not possible to evaluate the content of this case. It also accuses the debtor of failing to provide the court with sufficient documentation to support the termination. The second decision was made by the Meilen District Court and contains a legally complex and detailed justification.
Legal expert sees no obligation for customers to pay
The watchdog submitted the decisions to Jörg Schmid, professor of private law at the University of Lucerne, for consideration. Schmid says he cannot agree with the court’s assessments. “Overall, from my point of view, both decisions do not contain convincing legal justifications for confirming the obligation to pay.”
Debt collection agency EOS did not comment on this matter by deadline.
Reminder for fitness subscription: Here’s what you can do
Observer’s tip: The best thing to do is to remain stubborn and dispute the claim once by registered letter to EOS. If you receive a payment order from the enforcement office, you must submit a bill within ten days. It is important to remember that each case must be considered individually. Therefore, the court may have a different opinion. In this case, you will have to appeal the judge’s decision within ten days and, in the worst case, cover the costs. If you have legal protection insurance, it is best to register the case there.
Source :Blick
I’m Tim David and I work as an author for 24 Instant News, covering the Market section. With a Bachelor’s Degree in Journalism, my mission is to provide accurate, timely and insightful news coverage that helps our readers stay informed about the latest trends in the market. My writing style is focused on making complex economic topics easy to understand for everyone.
