A file number is a special number that is assigned to a specific case. This makes it easy to find and track the case. atriga provides the case reference number with every message.

atriga sends you the file number (FN) in every message. You will find the file number, for example, in the subject line of the email or on the letterhead of the letter. This is a 10-digit number separated by a hyphen (-). Here is an example of what a file number looks like: 2401-098765.

Depending on the payment method selected, it may take a few days for the amount to be received by atriga. If you continue to receive messages from atriga after a few days, please send proof of payment (bank statement or similar) by email - indicating the file number - to inkasso@atriga.com. If you have made the payment directly to your contractual partner, please also send proof of payment.

If you cannot pay the amount at once, in certain cases you may take out an instalment plan and pay in monthly instalments. To apply for payment by instalments, simply click on the following link:Apply

payment by instalments

The maximum number of instalments may not exceed 12 months. In some cases, the maximum duration of an instalment payment is lower. This will be displayed when you apply for payment by instalments.

Your outstanding debt has been handed over to us for collection, so we are now your direct contact. It is very important that we receive your payment in order to ensure efficient and reliable processing of your case and to resolve it effectively.

Please note: A payment to your contractual partner, although we have already been commissioned, does not release you from the reimbursement of the default costs incurred.

Please do not ignore our contact request. You are welcome to contact us via the atriga InfoCenter or discuss the situation by phone with our customer service 06103 3746-900 to avoid further messages.

If you do not know the principal, the claim may still be justified, for example if you have used a payment service provider for an order. This service provider is then our client and can expect payment from you. If you are unable to allocate the claim, please contact us.

Check whether your data has been misused if you do not recognize the claim. Further information can be found on the website of the Federal Office for Information Security www.bsi.bund.de. Please note: Be sure to get in touch with us, we will be happy to help you!

Every debt collection service provider in Germany must register with the competent authority, usually the local regional or higher regional court, in accordance with the Legal Services Act and be entered in the legal services register. Authorization as a registered legal service provider requires suitability, reliability as well as theoretical and practical expertise of the persons acting in the company. You can check this authorization online at any time in the legal services register at www.rechtsdienstleistungsregister.de. We are also registered there.

In addition, most German debt collection companies are members of Bundesverband Deutscher Inkasso-Unternehmen e.V. (BDIU) (Federal Association of German Debt Collection Companies) . BDIU sets high standards for its members in terms of lawful behaviour, integrity and transparency in their dealings with consumers. Further information and a list of all members of the association can be found at www.inkasso.de.

atriga is registered in Germany in accordance with the Legal Services Act. You can find this information in the legal services register at www.rechtsdienstleistungsregister.de. We are also an active member of Bundesverband Deutscher Inkasso-Unternehmen e.V. (BDIU) (Federal Association of German Debt Collection Companies) www.inkasso.de and Bundesverband für Inkasso und Forderungsmanagement e.V. (BFI&Fe.V.) (Federal Association for Debt Collection and Claim Management).

If an invoice is not paid on time, the invoicing party (the law refers to such as the „creditor,“ in this case our client and principal) may contact a debt collection service provider (this can be a debt collection agency or a lawyer) to enforce the invoice. We, atriga GmbH, are such a debt collection service provider operating since 2003, registered and authorized by the Higher Regional Court in Frankfurt am Main (registered in the Legal Services Register, register number or file number 3712/1 -I/3- 1690/08; see www.rechtsdienstleistungsregister.de).

In addition, we would like to point out that atriga GmbH provides comprehensive information on data processing in its debt collection measures in accordance with Section 14 GDPR. In the present case, too, the

A statutory debt collection compensation is charged for this claim. Like dunning costs or interest on arrears, for example, it constitutes loss caused by the creditor´s default. The invoice recipient must bear this loss, as he was in default with the settlement of the invoice and is responsible for the loss incurred. The debt collection service provider contacts the customer and ensures that the invoice is settled.

In addition, we would like to point out that atriga GmbH provides comprehensive information on data processing in its debt collection measures in accordance with Section 14 GDPR. In the present case, too, the

The debt collection compensation claimed by atriga is recoverable as loss caused by default in accordance with Sections 280, 286 German Civil Code (BGB). Since the invoice recipient (the law refers to such as the „debtor“) was in arrears with the payment of the invoice at the time atriga was commissioned, he is also obligated to pay the further costs incurred by the creditor for legal action. In addition to reminder costs, costs of returning a direct debit, interest on arrears, etc., this also includes the debt collection compensation.

Our claim to compensation is based on a corresponding contractual agreement with the creditor. In this specific case, this contractual agreement stipulates that the amount of the debt collection compensation claimed by atriga is based on the provisions of the German Lawyers´ Fees Act (RVG) or the Schedule of Fees to the RVG (VV RVG) in accordance with Section 13e Subsection 1 Legal Services Act (RDG; or until September 30, 2021 regulated in Section 4 Subsection 5 Introductory Act to the Legal Services Act (RDGEG)). Section 13e Subsection 1 RDG regulates by law that a debt collection service provider, such as atriga, may demand a debt collection compensation for its activities:

A creditor may only claim compensation from his debtor for the costs charged to him by a debt collection service provider for his activities up to the amount of the compensation to which a lawyer would be entitled for these activities in accordance with the provisions of the Lawyers´ Fees Act.

Article 6(3) of the EU Directive on combating late payment in commercial transactions (Directive 2011/7/EU), which came into force on July 29, 2014, already applies to commercial transactions:

In addition to the lump sum specified in paragraph 1, the creditor shall be entitled to reasonable compensation from the debtor for all recovery costs incurred as a result of the debtor´s default in payment which exceed this lump sum. These costs may also include expenses incurred by hiring a lawyer or debt collection agency.

As a result, it is also recognized under European law that the debt collection compensation is in any case refundable for business transactions. The only reason why the German legislator did not incorporate this requirement (again) into the law is that the compensation of legal costs is already secured by Sections 280 and 286 BGB. This is stated in BR (Federal Council) printed matter 0154/14 on p.19:

As was already the case under Directive 2000/35/EC, the creditor is entitled to compensation for so-called recovery costs as loss caused by default. As the second sentence of Article 6(3) of Directive 2011/7/EU makes clear, these include, among other things, the costs incurred by instructing a lawyer or debt collection agency. This corresponds to the current legal situation in Germany regarding the compensation of legal costs.

As far as the specific amount of the debt collection compensation is concerned, this is initially based on the value of the object, i.e. the invoice amount (principal claim). The factor for the business fee then takes into account whether the claims are undisputed or disputed. Depending on the case constellation, a distinction is also made between simple, average and particularly extensive and difficult cases. The applicable factor in each case can be taken from the receivables account at any time, which can be found, for example, in payment requests by letter and email, but also in the atriga InfoCenter.

In the receivables account, it is made clear that the debt collection compensation is claimed „in accordance with the contract with the client/creditor“ and the information in brackets indicates the specifically agreed calculation basis or amount. By referring to the legal fee elements of VV RVG, we create the transparency required by law from debt collection service providers by enabling the defaulting customer to verify the debt collection compensation.

The debt collection compensation claimed must take into account that atriga is commissioned with the comprehensive enforcement of an invoice, i.e. with the legal examination of the claim, contacting the debtor in writing and by telephone, with further investigations and, if necessary, also with negotiations with the debtor and with the acceptance of payments. As a rule, our mandate also includes the task of clarifying the justification of the claim or its prerequisites and ultimately the objections raised against both.

The Federal Constitutional Court has already ruled in its decision of September 7, 2011 under file number 1 BvR 1012/11 that creditors can „in principle claim the costs of engaging a debt collection company as loss caused by default“. In its reasoning, the Federal Constitutional Court refers to the multiple supreme and higher court rulings and prevailing opinion in the literature on the recoverability of debt collection compensation.

In its decisions of June 29, 2005 (case no. VIII ZR 299/04) and May 24, 1967 (case no. VIII ZR 278/64), the Federal Court of Justice recognized the recoverability of debt collection compensation on the grounds of default. This compensation has subsequently been awarded in a large number of judgements.

In particular, the specific debt collection compensation claimed by atriga has been confirmed in many judgements as recoverable loss caused by default. Examples: LG Lueneburg, decision of January 7, 2016 re file no. O 284/15; LG Mainz, decision of October 5, 2015 re file no. 2 O 300/15; LG Bonn, decision of August 21, 2015 re file no. 18 O 169/15; LG Berlin, decision of August 19, 2015 re file no. 22 O 156/15; LG Hamburg, decision of June 11, 2015 re file no. 328 O 490/14; AG Heidelberg, decision of May 3, 2016 re file no. 28 C 24/16; AG Krefeld, decision of April 5, 2016 re file no. 7 C 82/16; AG Ludwigsburg, decision of March 29, 2016 re file no. 5 C 2725/16; AG Bad Hersfeld, decision of February 25, 2016 re file no. 10 C 77/16; AG Frankfurt am Main, decision of February 10, 2016 re file no. 31 C 3574/15; AG Bonn, decision of January 14, 2016 re file no. 111 C 264/15.

Creditors may instruct a debt collection service provider such as atriga even if the invoiced amounts are small. The expenses to be incurred by the debt collection service provider are independent of the invoice amount. The Berlin Regional Court ruled on this issue in a decision dated April 7, 2015 under file no. 57 S 107/14:

Finally, it is neither disloyal nor vexatious to call on the assistance of a debt collection agency to enforce a claim of EUR 18.81 and to demand compensation of the costs incurred. By engaging the debt collection agency, the plaintiff rather took into consideration the financial interests of the defendant. This gave them the opportunity to settle the outstanding claim - along with legal costs - without having to bear the additional costs associated with legal proceedings.

It should therefore be noted that there is no „de minimis limit“. The debt collection compensation is also authorized in such cases.

Insofar as it is stated that the debt collection compensation has not been incurred or that internal contracts with the client instructing us must be submitted, we are happy to answer this question as follows:

The claim to reimbursement of the debt collection compensation from the defaulting customer (debtor) exists irrespective of whether this fee has already been paid to us (as collection service provider) by the creditor (our client and principal).

If the creditor has already paid the debt collection compensation, there is a direct claim for reimbursement of the debt collection compensation against the debtor. If the debt collection service provider has either not yet settled its claim for compensation or has settled it but the creditor has not yet settled it, there is initially a claim for indemnification against the debtor in accordance with Sections 280 (1), (3), 281 (1), (2) German Civil Code (BGB). In the event of a refusal to pay, this becomes a direct claim for payment (see BGH, decision of July 9, 2015 in file no. I ZR 224/13; AG Hamburg, decision of August 7, 2014 in file no. 19 C 4/14).

Accordingly, internal agreements between our client and us regarding the handling of the claim for remuneration are irrelevant for the legal assessment that the debt collection compensation has been incurred and is to be reimbursed in the present case. Irrespective of this, there is no right to inspect the existing contracts between us and our client anyway.

If you have ordered goods or services and do not pay the invoice even after reminders, you are in default. Your contractual partner is then entitled to compensation of the loss incurred in accordance with Sections 280, 286 BGB in conjunction with Section 13e RDG. Debt collection costs are incurred from the time we are commissioned. Further costs may be incurred for instalment payment agreements or legal measures. However, we will endeavour to find a solution at an early stage. The debt collection costs correspond to the lawyer´s fee according to RVG. atriga charges its clients a fee for its services that complies with the statutory provisions.

You can end the debt collection procedure immediately. Settle the total amount easily and securely via the atriga payment page.

To the payment page

Or please pay to

So that we can allocate your payment correctly, please be sure to state the file number in the reason for payment.

Please always make all payments relating to your debt collection procedure - while indicating the file number 2607-003289 - exclusively to:

You can find our comprehensive privacy policy here.

Your contractual partner (client/creditor) was authorized to pass on your data to the debt collection service provider atriga GmbH due to the outstanding invoice with which you are in default of payment. The legal basis for this initial transfer of your data is Section 6 Subsection 1 lit. b GDPR.

For the lawfulness of the data transfer by the client/creditor to atriga GmbH pursuant to Section 6 Subsection 1 lit. b GDPR, it is sufficient that there is a direct connection between the data processing and the specific purpose of the debt relationship. The measures necessary for the collection of the debt by a debt collection agency serve to fulfil the contract entered into with the client/creditor by bringing about the realization of the contractually owed consideration by the defaulting customer - in this case by you. The necessity of processing arises from the fact that a debt collection agency requires the necessary information on the history of the claim and the debtor in order to assess the recoverability and subsequent collection of the claim. Without this information, the collection mandate could not be fulfilled.

In addition, the scope of data required in individual cases also depends on the measures to be carried out. For example, measures pursuant to Sections 174 (1) Sentence 3, 305 (4) Sentence 2 German Insolvency Code (InsO) may be considered in insolvency proceedings when establishing claims and pursuant to Section 79 (2) Sentence 2 no. 4 German Code of Civil Procedure (ZPO) also in dunning and enforcement proceedings (enforcement due to monetary claims, see Sections 754, 829, 835 and 845 ZPO) and in judicial residual debt settlement plan proceedings. These authorizations granted by law to a debt collection agency presuppose the prior transmission of personal data by the client/creditor and are based on the assumption that the data processing is permissible. If the data protection regulations of GDPR were to prevent the transfer of the relevant data to debt collection agencies in these cases, the aforementioned legal regulations would ultimately be in vain.

In addition, we would like to point out that atriga GmbH provides comprehensive information on data processing in its debt collection measures in accordance with Section 14 GDPR. In this case, too, the identity of the controller was indicated at

• ,
• the contact details of the data protection officer at
• , the processing purposes and legal bases at
• , the data category and origin of the data at
• , the recipients (including lawyers) at
• , the processing purposes at
• , the duration of storage at
• and the rights of the data subject at

.

The protection of your personal data in all data processing operations (e.g. collection, processing and transmission) is very important to us. atriga protects your data in accordance with the statutory provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).

Here you will find an overview of your personal data stored by atriga. The purpose of such storage is to carry out the ongoing debt collection procedure under the specified file number.

Would you like comprehensive information about your data in accordance with Section 15 GDPR? Please feel free to contact us directly by mail to atriga GmbH, Datenschutz, Pittlerstrasse 47, 63225 Langen, or by email to datenschutz@atriga.de.

Unfortunately, for legal reasons, we cannot and may not fulfill a request to delete data in accordance with Section 17 General Data Protection Regulation (GDPR). Even if we do not (or no longer) assert a claim and no longer list a person as a defaulting customer, a business transaction has occurred which we must retain for six years under commercial law and 10 years under tax law. We must also be able to document the process at any time for any inquiries by supervisory authorities.

However, please contact us in any case so that we can check the specific case: by mail to atriga GmbH, Datenschutz, Pittlerstrasse 47, 63225 Langen, or by email to datenschutz@atriga.de.

If we have contacted you, this means that we have been commissioned by a company to find a solution for an outstanding payment. You should have originally made this payment to the company.

In order for us to remind you of the outstanding debt and enable repayment, we must receive your personal data, such as name and contact details, from the client. This is the only way we can assert the claim and present it to you transparently.

We may also contact a third party if you have been appointed as a representative, carer or lawyer. In these cases, your contact details will be stored as the correspondence address in the claims file and you will receive information on the processing of your personal data.

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