Final notice

A final reminder is also called a 14-day letter or WIK letter, where WIK stands for Wet Incasso Kosten. This name arose because, since the entry into force of this law, the sending of a final reminder was introduced. Other names are a 14-day reminder or fortnightly letter. Sending a payment reminder or reminder can also mean a 14-day letter, but this is not always the case.

Contrary to what the name 14 day letter / last reminder might suggest, sending the last reminder lends itself perfectly to be sent by e-mail. In fact, sending the final reminder by e-mail has several advantages. For example, an e-mail is deemed to have been received by the judge on the same day, whereas a letter takes on average 1 to 3 days to reach the address.

In addition to the fact that the period of 14 days starts immediately, there is another advantage. If the e-mail is sent with a read receipt which is accepted, the sender also has actual proof that the reminder has been received. Thanks to Credifin Nederland’s special collection software, the so-called registered e-mail, we are even able to demonstrate exactly when the non-payer has received and opened the e-mail. This way a discussion about whether or not to receive the reminder can easily be prevented.

It is also easier for the non-payer to respond to this if there are any questions about the invoice. In short: A final reminder by e-mail is faster, more efficient and cost-effective.

There are a number of specific requirements that the judge considers when checking the correctness of a final reminder. Requirements that you as an entrepreneur may think are not important, but which a judge strictly uses! It is therefore important to follow these correctly. We list the most important ones:

• The debtor must be given at least 14 days to pay. This period of 14 days must be explicitly stated. Because the postman does not deliver mail on Sundays, Mondays and public holidays, if the 14-day letter is sent by post, the debtor in question must also be explicitly informed that these days do not count.
• The 14 days period starts after receipt of the letter. This too must be explicitly communicated to the debtor. In general, it can be assumed that mail is delivered the next day. However, if a postal letter is sent on a Saturday, it will not be delivered until at least a Tuesday and the period of 14 days only starts after 3 days. In fact, in this case, the debtor has at least 17 days to pay.
• The amount of collection costs must be stated explicitly in order to be able to claim these costs, if payment is not made on time.

Tip: If you only send invoices with low amounts, here’s an easy mnemonic: The collection costs for all claims between 0 and 266 euros are standard 40 euros.

• If you as a creditor are not liable for VAT, this must also be stated. In that case, the VAT on the collection costs will be charged to the debtor. The amount of the VAT costs must also be stated exactly.

Before recovering the collection costs from a consumer in legal proceedings, the judge checks whether a 14-day letter/final reminder has been sent that meets all legal requirements. If this has not been sent by the creditor, the collection costs will be rejected. Sending a reminder is therefore mandatory if you wish to successfully recover the collection costs from a consumer when going to court. This does not mean that you are breaking the law if you do not send a 14-day letter. There are many companies that send payment reminders with a different payment term. There are also many companies that send multiple payment reminders out of customer focus, while legally only a final reminder needs to be sent. There is of course nothing wrong with this, but these reminders have no value in a judicial assessment or collection costs are allocated. In short: As long as you do not want to claim collection costs, you do not need to send a final reminder. If you want to recover the collection costs from the non-payer, we always recommend sending a final reminder.

Drafting a final reminder requires careful consideration. Credifin Nederland is happy to help you send a correct reminder. That’s why we offer a free sample on our website. Feel free to copy the contents of this letter!

You can also have the final reminder sent by our office. For only a few euros you are assured of sending a correct reminder that meets all requirements. In addition, you do not have to calculate the collection costs yourself, because our system calculates these costs automatically. In addition, if you enter an e-mail address of the debtor, we will send the letter with our special software, which not only increases the chance of payment, but also provides full legal proof of receipt of our reminder.

If your debtor does not pay within the set term, the case is automatically converted into a collection order. In short, you don’t have to worry about it. Well organized, right?

If you want to give your customer one last chance to pay the invoice, you can have us send a friendly and neat final reminder. Always in your name and on our stationery, because in most cases this leads to faster payment without jeopardizing your customer relationship. Learn more about how we send a Reminder.