Unjustified invoice, card charge or collection

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1Begin

2Seller and buyer

3Transactions between businesses

4Purchased from private individuals

5Case

6Unjustified invoice, card charge or collection

7Unjustified invoice

8Unjustified card charge

9Unjustified debt collection

10What is your claim?

11Claim

12Claim for damages

13Description

14Complainant

15Check

16Summary

The application helps you draw up a written complaint that you can send to the trader.

A few points about the process:

Progress: The Complaint Assistant will first ask you for information that can be useful in resolving your issue. You will be asked to provide your own description of the issue and your contact details at the end of the process. The end product will be a complaint letter, which you can then send to the trader.
Click on the Information button (i) for general information about your rights in these kinds of situations. If you want to learn more about your rights before filing a complaint, there are instructions and information about consumer rights on our website (opens link in new tab).

Did you buy from a business or a private individual?*

From a business

From a private individual

Did you buy the products or services as a private individual or through a business?*

As a private individual

Through a business

Transactions between businesses

Unfortunately our online assistant can only offer limited help in these situations. If you purchased the goods or services through a business or if the goods or services were purchased to be primarily used in a business, the Consumer Protection Act, on which our online assistant is based, does not apply. Businesses also cannot refer their disputes to the national consumer advice service or complain to the Consumer Disputes Board.

Transactions between businesses are governed by the Sale of Goods Act. The provisions on defective goods in the Sale of Goods Act are largely similar to those of the Consumer Protection Act.

Products or services purchased from private individuals

Unfortunately our online assistant can only offer limited help in these situations.

Purchases from private individuals are not protected under the Consumer Protection Act, and the national consumer advice service cannot help in these cases. The same applies to goods or services purchased from a flea market or an online auction, for example, when both parties are clearly private individuals.

In these situations, you have the following options:

1. Contact the seller and explain your grievance. Transactions between private individuals are governed by the Sale of Goods Act. The provisions on defective goods in the Sale of Goods Act are largely similar to those of the Consumer Protection Act, so you can refer to the website of the Competition and Consumer Authority for information to draw up your complaint.

2. If your complaint is unsuccessful, you can take the matter to a district court.

Case you are complaining about

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Information about the case and the counterparty

Case

Information about the counterparty

Counterparty

Place of purchase

Are you faced with an unjustified invoice, card charge or collection?

Onko kyseessä perusteeton lasku, korttiveloitus vai perintä?

Unjustified invoice

Unjustified card charge

If you notice debit or credit card charges on your bank statement that have been made without your consent, you can file a complaint with the company that charged your account as well as your payment service provider (such as a bank or credit card company).

For example, in subscription trap situations the bank or credit card company cannot require you to appeal to the subscription trap company, if the charge on the card is groundless. The payment service provider must refund the groundless charges to you, if the payment transaction has been implemented without authorisation and the unauthorised use is not your responsibility.
To release itself from liability, the payment service provider must prove that consent has been given to the specific payment transaction in question.

If you believe you have become the victim of fraud, you can also contact the police.

If you have caused the charge through your own carelessness, such as by losing your payment card and failing to report the matter, you should first read about the cardholder’s responsibility via these links:
> Lost payment card

Unjustified debt collection

In my view the invoice is unjustified, because:

Lasku on perusteeton, koska

Choose one or more of the following.

The invoice contains an error

If the invoice is completely without foundation it can be left unpaid until its veracity has been investigated.

If the consumer feels that only part of the invoice is without foundation, the undisputed part of the payment must be paid on the date that it is due.

I have received an invoice without having made an order

A bill alone is not enough for claiming receivables. The sender of the bill must be able to show that it is based on a contract.

If a consumer can reasonably assume from an advertisement or a sales pitch that they are only ordering a sample pack or subscribing to a service for a trial period, then they have not entered into an agreement on further deliveries.

In ambiguous situations the responsibility for demonstrating that the order was accepted lies with the company.

The invoice concerns a sale made with a minor

If your child has made a purchase that he or she should not have been allowed to make, the seller is responsible. As a parent and as your child's guardian, you can demand the cancellation of the transaction.

Without a parent's or guardian's consent, a minor can only buy ordinary products of small significance, such as pocket money purchases of reasonably priced products of the kind others in his or her age group generally buy. A pet, travel abroad, or a tattoo are examples of purchases that cannot be made without a guardian's consent.

Children 15 and over can make more significant purchases using their earnings, such as pay from a summer job, but may not buy on credit.

Jag har betalat fakturan

Collection costs can only be charged if an invoice or other reminder of due date was sent about the receivable at least 14 days before its due date, and the invoice was due at least 14 days before the payment reminder was sent.

Information about an unjustified invoice

Invoice total

The amount of the unjustified part of the invoice

If the entire invoice is unjustified, you can leave it unpaid until its correctness has been established.

If you consider only part of the invoice to be unjustified, the undisputed part must be paid by the due date.

If you can present no grounds for disputing the invoice or your grounds clearly have no bearing on your payment obligation, debt collection can nevertheless be continued. However, the debtor can at any stage request that the dispute be settled by a court of law.

If you have paid an unjustified or excessive invoice, the company receiving the payment is obliged to refund you.

If the error was caused by the consumer's carelessness, the company may charge any reasonable costs caused by making a refund.
In case of long-term agreements, any excess amount can, if the consumer so wishes, be offset in the next invoice.

Invoice number

Defect detected

DD dot MM dot YYYY

I think my card has been charged unjustifiably, because:

Lasku on perusteeton, koska

Select one or more statements that describe your situation.

My account has been charged without my consent

In unclear cases, the vendor is under obligation to prove that a certain price has been agreed upon and that a contract binding the consumer actually exists.

The payment service provider (such as a bank of credit card company) must prove that you have accepted the transaction in question.

Maksupalveluntarjoajan (esim. pankin tai luottoyhtiön) on osoitettava, että olet antanut suostumuksesi kyseisen maksutapahtuman toteuttamiseen.

I have only ordered a sample product. I have not placed any other orders.

In unclear cases, the vendor must be able to show that a contract has been made and that the charge is justifiable. The payment service provider (such as a bank of credit card company) must prove that you have accepted the specific transaction in question.

Simply referring to the standard terms and conditions of an agreement is not sufficient to rectify inconsistencies in marketing. For example, if a consumer can reasonably assume from an advertisement or a sales pitch that they are only ordering a sample package or subscribing to a service for a trial period, then they have not entered into an agreement on further deliveries.

You cannot be required to return a product for which you have not placed an order. Any fees relating to the return of a product shall be paid by the company. For example, you may request that the company sends you a return envelope for which postage has been paid.

I have only ordered a trial period. I have not placed any other orders.

Details about unjustified credit card charge

Charged sum

The amount of the unjustified part

Due date

DD dot MM dot YYYY

Payee’s name

Explanation on the credit card invoice / balance statement

Defect detected

DD dot MM dot YYYY

On which website was the order placed?

In my view the debt collection is unjustified or unclear because:

Mielestäni perintä on aiheeton tai epäselvä, koska:

Valitse yksi tai useampi tilanteeseen sopiva väittämä.

Debt collection is unjustified

If the entire invoice is unjustified, you can leave it unpaid until its correctness has been established. If you consider only part of the invoice to be unjustified, the undisputed part must be paid by the due date.

If you dispute your obligation to pay and can present proper grounds, debt collection of an ex gratia payment may not be continued as to the disputed part until the matter has been settled.

However, debt collection may be continued despite the debtor's objections unless you can present grounds for denying it or you refer to factors which clearly have no bearing on the obligation to pay. However, the debtor can at any stage request that the dispute be settled by a court of law.

I have not bought the item that is now subject to debt collection

A mere invoice is never the grounds for a receivable. Invoicers must be able to prove that their invoices are based on an agreement that is binding to the consumer.

If you dispute your obligation to pay and can present proper grounds, debt collection of an ex gratia payment may not be continued as to the disputed part until the matter has been settled.

However, debt collection may be continued despite the debtor's objections unless you can present grounds for denying it or you refer to factors which clearly have no bearing on the obligation to pay. However, the debtor may request that the dispute be settled by a court of law.

The debt recovery has caused unnecessary expenses

Perinnässä on aiheutettu tarpeettomia kustannuksia

According to good debt collection practices, unnecessary debt collection measures include:

lengthening letter collection unjustifiably by sending the consumer too many payment demands. For sending more than two payment demands, there must be some special collection-based reason.
continuing collection by letter without examining the consumer's justified arguments or dependable explanations about inability to pay. A collection agency has the responsibility, without being prompted, to check the soundness of the receivable for example when the creditor has stayed passive for a long while or the debtor is underage.

The payment demand concerns a sale made with a minor

Maksuvaatimus koskee alaikäisen kanssa tehtyä kauppaa

Minors can generally only buy things with cash. Minors cannot buy on credit, which is why a minors cannot generally be the subject of debt collection proceedings.Traders bear the risk of the invalidity of agreements with minors.

If a minor has, considering the child's development, made a purchase without consent from the parents or on credit, the parents can demand that the sale be cancelled.

However, minors may find themselves in situations in which they are obliged to pay. These may include, various public charges such as hospital and medical fees and taxes. Over 15-year-olds may end up with a payment obligation as a result of a compulsory motor liability insurance premium, public transport inspection fee or a fine.

Once minors reach adulthood, they will only have to pay a debt they incurred without the appropriate authorisation if they accept the debt.

I have paid the invoice

If you have paid the debt late but before having received the debt collection letter, the debt collection company may also charge the collection costs of any the debt collection letter provided the debt collection measures have been completed until you paid the invoice.

The principle with forwarding of payments is that information about the payment will arrive at the debt collection agency no later than one business day after payment has been made, meaning that no collection measures may be taken against the consumer at least the next business day after that.

If you dispute your obligation to pay and can present proper grounds, debt collection of an ex gratia payment may not be continued as to the disputed part until the matter has been settled.

Next Information about an unjustified debt collection

Amount of payment demand

Unjustifiably collected amount

If the entire invoice is unjustified, you can leave it unpaid until its correctness has been established.

If you consider only part of the invoice to be unjustified, the undisputed part must be paid by the due date.

If you dispute your obligation to pay and can present proper grounds, debt collection of an ex gratia payment may not be continued as to the disputed part until the matter has been settled.

Invoice number

Defect detected

DD dot MM dot YYYY

What is your claim?

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Claim

Mitä vaadit?

Choose one or more of these option

I demand that the groundless invoicing be discontinued

Vaadin lopettamaan perusteettoman laskutuksen

If the entire invoice is unjustified, you can leave it unpaid until its correctness has been established.

If you dispute your obligation to pay and can present proper grounds, debt collection of an ex gratia payment may not be continued as to the disputed part until the matter has been settled.

I demand that invoicing be stopped as regards the unjustified sum

If the entire invoice is unjustified, you can leave it unpaid until its correctness has been established.

If you dispute your obligation to pay and can present proper grounds, debt collection of an ex gratia payment may not be continued as to the disputed part until the matter has been settled.

I demand that you refund the amount that was charged unjustifiably

If you have paid an unjustified or excessive invoice, the company receiving the payment is obliged to refund you.

If the error was caused by the consumer's carelessness, the company may charge any reasonable costs caused by making a refund.
In case of long-term agreements, any excess amount can, if the consumer so wishes, be offset in the next invoice.

This field is hidden when viewing the form

Claim

Mitä vaadit?

Select one or more demand

I demand that unjustified charges to my card be stopped

The consumer’s responsibility for card use generally ends latest when he has informed the payment service provider (such as the bank) or other party named by the bank that the card has been lost or it has been used without authorisation.

I demand that invoicing be stopped as regards the unjustified sum

If your payment card has been used without authorisation and you are not responsible for its use, the bank must refund the payment amount to your account immediately and at the latest on the next working day after the bank noticed the payment or it was notified of the payment.

I demand that the sum that was unjustifiably charged from my account be returned

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Claim

Mitä vaadit?

Choose one or more of these option

I demand a refund of the unjustifiably collected amount

Vaadin perusteettomasti perityn summan palauttamista

Any excess payments made by the debtor must be returned free of cost if the debtor's payment was due to an error of a creditor or a professional collection.

If you dispute your obligation to pay and can present proper grounds, debt collection of an ex gratia payment may not be continued as to the disputed part until the matter has been settled.

I demand that the debt collection of an unjustified sum be discontinued

Vaadin lopettamaan perusteettoman summan perinnän

If you dispute your obligation to pay and can present proper grounds, debt collection of an ex gratia payment may not be continued as to the disputed part until the matter has been settled.

Are you demanding compensation for damages?

Vaaditko vahingonkorvausta

Yes

Claim for damages

Unjustified invoice

Consumer has the right to demand, for example

compensation for the costs, including phone and postage costs, incurred when sorting out an unclear or unjustified demand
compensation for financial losses which have a direct causal connection to incorrect collection.

Unjustified debt collection

Compensation for damages may be demanded for costs incurred by unjustified debt collection.

You can, for example, demand the creditor or collection agency to compensate expenses caused by having to clear an incomplete, unclear or unjustified payment demand, such as telephone and postage expenses and financial losses resulting from obtaining documentation have a direct cause-and-effect relationship with incorrect debt collection. Such financial losses include legal expenses if the collection agency has not sent a written demand for payment before the court summoning.

Compensation for damages may also be demanded from the original creditor in cases where it is the collection agency that has caused the error.

Claim for damages

Postal expenses

Travel expenses

Phone expenses

Other expenses

Total

I will complete my claim as the damage becomes more accurate.

Information about damages

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Description

Brief description of the grievance:

Complainant

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Contact information

Name

Address

Postal code

Post office

E-mail address

Phone number

You need to send your complaint to the counterparty yourself

Accessing your complaint

Click on the “Next” button at the bottom of this box to view your complaint, which you can then send to you email address or download or print out.

If the email does not appear in your inbox, check your junk mail folder and other folders. You can also search for the message in folders with the word "complaint". The email may arrive after a delay of a few minutes.

You can edit the content by going back by pressing "Back".

Filing your complaint

You need to send your complaint to the counterparty yourself. The complaint assistant is simply a tool and cannot file your complaint on your behalf. You can file your complaint by

emailing it to the counterparty.
copying the information into the seller’s complaint form on their website.
printing out the complaint and sending it by post.

Complaint

{summary}

I await an answer within two weeks. Thereafter I may choose to contact the consumer advice.

Comments

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