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Please do not ignore our contact anyway. Feel free to send us an e-mail or discuss the situation on the phone to avoid further reminders and costs. We clarify the process with the contractual partner and of course stop the process if it turns out that our payment requests are not justified.

If you do not know the contractual partner, the claim may still be justified, for example if you have used the services of a so-called payment service provider as part of your order at a shop. This service provider, who has enabled payment by invoice, for example, is your legal contractual partner and may now expect payment from you.

If, even after thorough examination, it is not clear to you why this claim exists and you have never received the underlying order or service, please also check whether your data may have been misused. Find out more on the website of the Federal Office for Cybersecurity. The important thing is: Be sure to get in touch, we'll help you!

The company with which you have an open claim has commissioned PAIR Finance to safeguard its interests and to agree on a payment solution for the open claim in out-of-court, judicial and post-judicial proceedings. We endeavour to find a suitable payment solution with you in the out-of-court proceedings. We also want to keep the costs of the process as low as possible for you. You should always contact us by e-mail or telephone, even if you have objections. This enables you and us to clarify questions as quickly as possible before any further costs, e.g. for legal expenses, are incurred.

The debt collection procedure

If, despite all our efforts, we have not reached a joint solution in out-of-court proceedings, the debt collection procedure will follow. In this case, PAIR Finance applies to the responsible debt collection office to issue a payment order against the debtor. This is then sent by post by the debt collection office. This will incur additional costs such as procedural fees. The debtor now has ten days to make a legal proposal against the payment order. If the legal proposal is made without objective reasons, this can significantly increase the costs due to the subsequent legal dispute. However, the debtor can also settle the open claim in full and thus end the proceedings. If, after ten days, no full payment has been made or no legal proposal has been submitted, enforcement shall be initiated upon further request.

The post-judicial procedure

The payment order allows the creditor to instruct the debt collection office to proceed with the attachment by submitting a request for continuation. In the execution of the attachment, the debt collection office notifies the debtor of the attachment and executes it by estimating the debtor’s assets and listing them in the deed of attachment. This prohibits the debtor from disposing of the attached assets on pain of a penalty.
At the earliest one month and at the latest one year after the attachment, the creditor may submit the application for recovery. The recovery is usually carried out by public auction. The proceeds are distributed among the attaching creditors after deduction of costs.
If, at that time, there are no assets that allow the outstanding amount to be settled, a certificate of loss is drawn up for the creditor. The creditor then has a total of 20 years to apply for and implement enforcement measures against the debtor’s assets again. These additional measures by debt collection offices are associated with additional costs, all of which must be reimbursed by the debtor. Don't let it get that far.

Cost development in the entire dunning and debt collection process

Companies incur various costs due to late payment. Pursuant to Art. 106 (1) in conjunction with Art. 103 of the Swiss Code of Obligations, the creditor of the invoice is entitled to compensation for the damage incurred by the late payment. This also includes costs incurred, for example, by commissioning specialised partners such as lawyers or debt collection companies. In Switzerland, reputable debt collection companies follow the guidelines of the Swiss Debt Collection Association, which set maximum cost rates based on scientific studies and years of practice.
Even though PAIR Finance keeps costs as low as possible through optimised processes and communication that is as efficient as possible for the debtor, a delayed agreement in the process leads to significantly increasing costs for the debtor.

We are sorry that you are not satisfied with our service. Every day, our team does everything to make debt collection easy for consumers and businesses. You can submit a complaint on this page.

If you have been contacted by us, then we, as a debt collection service provider, have been commissioned by a company to work with you to find a solution for an outstanding payment. You should originally have made this payment to this company because you have or have had a purchase contract or service contract there.

In order for us to remind you of the open claim and enable an amicable repayment, we must of course be able to contact you. Therefore, our client may and must forward your personal data to us, such as your name and address, the basis and amount of the claim, etc. Only with this data is it possible for us to approach you and assert the claim.

Furthermore, it may be the case that we are not supposed to mediate in relation to a claim against you, but against a third party, and that we will contact you in this context. This may be the case if you have been appointed as a counsellor or have been mandated as a result of your work as a lawyer. In these cases, your contact details for the claim file will be stored as a correspondence address and you will also receive information on the processing of your personal data by the debt collection company in accordance with Art. 19 DPA.

As a debt collection service provider, PAIR Finance may generally process all data required to collect a claim. For this purpose, data on the person of the debtor is regularly required, e.g. name, address and telephone number as well as on the claim to be collected, i.e. in particular the reason for the claim, amount and due date.

Furthermore, PAIR Finance may also determine, store and use information itself if this is necessary for the processing of the respective case. This includes, in particular, obtaining credit reports, determining addresses and other data required to assess the claim.

Any company is free to seek the assistance of a lawyer or a debt collection company with regard to an – even if only alleged – open claim. In cases of an open, possibly also disputed claim, a company may and must pass on personal data, in particular name and address, the reason for the claim, the amount of the claim and the due date of the claim to PAIR Finance. Only with this data is it possible for us to get in touch with you and offer a solution for an open claim.

Consent for the transfer of data to a legal service provider is not required. The activity of PAIR Finance is permitted subject to data protection law due to the legal circumstances of Art. 31 (1), sentence 2 No. 2 DPA (data processing for the contract performance, data processing on the basis of overriding interest).

As a so-called “data subject”, you have the right to have your personal data erased in accordance with Art. 32 (2) lit. c DPA under the conditions specified therein. This right is taken very seriously by PAIR Finance, as are the other rights under the DPA. We have therefore developed a blocking and deletion concept for all data we process.

However, the legislator has also taken into account that the consent of the other party is not always required for the purpose of asserting open claims. Therefore, there is no right to erasure of data if a company processes your data for the assertion, exercise or defence of legal claims (overriding interest pursuant to Art. 31 (1) DPA). Personal data may therefore continue to be stored as long as open claims still exist and are processed as part of the debt collection activity. After the debt collection procedure has been discontinued, the data is no longer required to fulfil the debt collection procedure and would in principle have to be deleted.

However, erasure is replaced by restricted processing if legal, statutory or contractual retention periods prevent erasure (Art. 31 (1) DPA). Personal data must of course also be retained further due to commercial or tax regulations; however, this will only be done for this purpose. These deadlines may vary. Art. 958f of the Swiss Code of Obligations provides for deletion periods of up to 10 years.

The objection to the processing of data requires that you submit specific reasons to PAIR Finance that arise from your particular situation. This means that you must demonstrate that and why your particular case is an atypical constellation that gives special weight to your interests. It is not sufficient, for example, to deny the claim ("I have not concluded a contract") or to state that the creditor’s performance was incorrect or did not take place.

However, the objection does not apply if the processing of the data serves the assertion, exercise or defence of legal claims. In the case constellations typical in the context of debt collection processes (collection of open claims), your objection to our data processing will therefore ultimately be in vain. How else should it even be possible to collect claims, if the processing of the information could be prevented. Quite logical.

In principle, PAIR Finance may request credit rating data from credit agencies on the basis of Art. 31 (1) DPA if there is an overriding interest in this data collection. Such an interest is to be affirmed on our part, e.g. if a decision to take further measures involves a financial default risk – including with regard to the debt collection fees incurred.

Credit agencies also provide information on current address data. PAIR Finance may therefore also research address data with credit agencies, as these provide information for a fraction of the costs of a resident registration request – this must already be taken into account from the point of view of the obligation to minimise damage.

The registration of unpaid claims with an credit agency, such as Crif AG, is possible subject to the conditions of Art. 31 (1), Art. 31 (2) lit. c DPA. This is permitted, for example, if the claim is recognised by you or if it has been titled, for example, as part of a debt collection procedure.

The following prerequisites apply for registration with Crif AG in Switzerland:

1. This is neither particularly sensitive personal data nor high-risk profiling.
2. The data will only be disclosed to third parties if they require the data for the conclusion or performance of a contract with the data subject.
3. The data is not older than ten years.
4. The data subject is of legal age.