Terms and Conditions
Debt mediation Zuidweg & Partners
Zuidweg & Partners Hilversum BV as well as Zuidweg & Partners Drachten BV (hereinafter: Zuidweg) make every effort as an independent body to bring about an amicable debt settlement between the debtor and his / her joint creditors. In doing so, Zuidweg takes into account an assessment to be expected after the agreement on the basis of Article 29 paragraph 2 of the Turnover Tax Act. If an amicable debt settlement cannot be realized, with the help of Zuidweg, at the request of the debtor, a petition for Statutory Debt Restructuring for Natural Persons (Article 284 Bankruptcy Act) can be submitted to the court.
These conditions apply to every offer and every agreement between the debtor and Zuidweg, insofar as the parties have not deviated from these conditions explicitly and in writing.
The present conditions also apply to all agreements with Zuidweg, for the implementation of which third parties are engaged.
The Zuidweg services described above take place on the following conditions:
- Debtor is understood to mean: the natural person, or the legal person, who (in accordance with Article 9 of the Code of Conduct for the Debt Settlement of the Dutch Association for Popular Credit) is in a debt situation for which Zuidweg's assistance is sought.
- Client is understood to mean: the counterparty of Zuidweg who purchases the services for the debtor or himself from Zuidweg.
- The debtor does not pay off any or all of his debts without Zuidweg's permission. This is because the creditors must be treated equally.
- The debtor makes an effort to pay his / her debts as much as possible.
- The debtor remains responsible for his / her financial situation and business operations at all times.
- The debtor fulfills all agreements that he / she has made with the handling adviser of Zuidweg.
- The debtor provides Zuidweg with all information that is necessary for the proper performance of its activities. The debtor supplies all underlying documents in an orderly copy, unless Zuidweg explicitly requests original documents.
- If the debtor has ever been treated for an addiction or currently has an active addiction, he / she must report this to Zuidweg without delay.
- The debtor and Zuidweg immediately inform each other of important developments.
- Zuidweg uses the information provided by the debtor exclusively for the purpose of establishing an amicable agreement between the debtor and his joint creditors, including a request for the imposition of a compulsory agreement on the basis of Article 287a of the Bankruptcy Act (Fw) or for the benefit of a request for admission to the statutory debt rescheduling scheme on the basis of Article 284 (Fw).
- Zuidweg reserves the rights and powers vested in it under the Copyright Act.
- All documents provided by Zuidweg, such as reports, advice, designs, sketches, drawings, software, etc., are exclusively intended to be used within the purposes required for debt relief, by the principal or the debtor and may not be used by them without prior permission. of the user are reproduced, published or brought to the attention of third parties.
- Zuidweg also reserves the right to use the knowledge gained through the execution of the work for other purposes, insofar as no confidential information is disclosed to third parties.
Credit Registration Office Tiel
- Zuidweg is affiliated with the Stichting Bureau Krediet Registration (BKR) in Tiel. Zuidweg has undertaken an obligation to report the (debt settlement) agreement to BKR when it is entered into, which may have consequences for any subsequent financing application.
- BKR processes the data in the Central Credit Information System (CKI) for the prevention and limitation of credit and payment risks for the affiliated institutions and the prevention and limitation of over-crediting of the (borrowers) involved, as well as for the provision of a contribution. to prevent problematic debt situations. Within the framework of the aforementioned objectives, BKR makes these data available to the affiliated institutions, which is possible in factual and statistically edited form.
- The debtor will not enter into new debts or long-term contracts without the express permission of Zuidweg.
- The debtor pays all current obligations, both business and private, on time and in full. The debtor also reserves funds for current tax liabilities.
- If the debtor sees that he / she cannot pay his / her current obligations in full, he / she must report this immediately to Zuidweg.
- The debtor reserves his / her payment capacity monthly on a management account to be opened by Zuidweg for the benefit of the debtors joint creditors.
- The debtor reserves the proceeds of all his / her valuable property in a management account to be opened by Zuidweg for the benefit of the debtors joint creditors. Valuable property of the debtor must be realized, unless Zuidweg explicitly allows one or more exceptions.
Funds reserved at Zuidweg
- The debtor waives all funds reserved by him / her on the management account. This is only different if an exception is agreed in writing in advance by the debtor and Zuidweg. The funds are reserved at Zuidweg for the benefit of the debtor's joint creditors in the context of an agreement to be made with those creditors.
- The costs of the management account, € 6,00 per month with a maximum term of 36 months, will be charged to the funds reserved for it.
- If no agreement is reached with the joint creditors, Zuidweg will, subject to a reasonable term, distribute the reserved funds among the joint creditors, except in the event of bankruptcy or suspension of payment of, or application of the legal debt rescheduling scheme for natural persons to the debtor. .
- In the event that the debtor is declared bankrupt, goes into a moratorium or is admitted to the statutory debt rescheduling scheme for natural persons, Zuidweg transfers the reserved funds to a bankruptcy trustee or administrator appointed by the court.
- The debtor keeps accurate records of his / her accounts and submits all returns to the tax authorities and other bodies subject to a declaration obligation in good time.
- The debtor objects to assessments that have been imposed incorrectly ex officio or at the discretion of the debtor.
- The debtor makes an effort to make up for an existing backlog in his / her accounts as soon as possible.
- For all direct damage of the debtor and / or the client, in any way related to, or caused by late, late or improper performance of the assignment, Zuidweg's liability is limited to the amount for which the user relates to the non, late or improper fulfillment thereof.
- Zuidweg is never liable for all indirect damage, including stagnation in the regular course of affairs in the company of the debtor or client, in any way related to or caused by an error in the performance of the work by Zuidweg.
- Zuidweg is at all times entitled, if and insofar as possible, to make good the damage to the client and / or debtor.
- Zuidweg is not liable for damage or destruction of documents and information during transport or during dispatch by post, regardless of whether the transport or dispatch is carried out by or on behalf of the debtor, client, Zuidweg or third parties.
- The client and / or debtor indemnify Zuidweg against all claims from third parties that are directly or indirectly, indirectly or immediately, related to the execution of the agreement.
End of mediation
- The mediation of the organization and this agreement terminate by operation of law:
- In case of death of the debtors;
- If the debtors have gone into bankruptcy;
- If the debtors are admitted to the legal debt rescheduling scheme for natural persons (Wsnp)
- If the debtors have entered into a moratorium;
- If the debtors no longer have a permanent residence or residence and / or are no longer registered in the BRP;
- The mediation of the organization ends at the express written request of the debtors.
- In the event that an agreement has been reached on the basis of a form of (micro) financing or restructuring credit, the mediation of the organization ends after the agreement funds have been paid to the joint creditors. This agreement will then expire.
- In the event that an agreement has been reached without pre-financing the agreement funds, the mediation of the organization ends after the final installment has been paid to the joint creditors and the final inspection has been carried out by the organization. This agreement will then expire.
- The organization may unilaterally terminate the mediation if the debtors fail to fulfill one or more of the obligations laid down in this agreement, in time or in full, or if the debtors obstruct or frustrate the execution of the mediation through their actions or omissions, or if debtors try to disadvantage creditors.
- If the debtors are demonstrably negligent in complying with the agreements regarding the debt settlement process, the organization reserves the right to exclude the debtors for three years regarding the request for intermediation of their debts to be submitted by the debtors. This period starts to run when the termination of the debt settlement process becomes definitive.
- The organization is entitled to terminate this agreement if it turns out that there is no problematic debt situation as referred to in the NVVK code of conduct.
- The organization is entitled to terminate this agreement if all debts have been paid in full.
- Complaints can be submitted to the organization and subsequently to the NVVK or the (National) Ombudsman.
- The judge in the place of business of the user has exclusive jurisdiction to hear disputes. Nevertheless, the user has the right to summon its counterparty before the competent court according to the law.
- Dutch law applies to every agreement between the user and the client.
These conditions have been filed at the office of the Chamber of Commerce, dated 10 February 2015.