This page explains what that letter is, what the claim rests on, and what happens if you do not respond. Read it before you set the letter aside.
You have received a notice of default. It is not marketing and not an offer, but a written notice on behalf of a consumer who holds a due and payable claim against you. The letter states the facts, the legal basis, the amount claimed and a fourteen-day deadline.
We act for the consumer named in the letter as our client. We hold a written power of attorney to do so. Correspondence about this matter now runs through us and no longer directly with the consumer.
Which basis applies in your case is stated in the letter itself. In practice it is almost always one of these four.
| Situation | Basis | What the law requires |
|---|---|---|
| Not delivered | arts. 7:9(4) and 7:19a DCC | Delivery without delay and in any event within thirty days. On rescission, refund follows without delay. |
| Not refunded after withdrawal | art. 6:230r(1) DCC | All payments received, including delivery costs, refunded within fourteen days. |
| Wrong or defective delivery | arts. 7:17, 7:18a and 7:21 DCC | Non-conformity. Repair or replacement at no cost to the buyer; you take the item back at your expense. |
| Return costs charged | arts. 7:21(2) and (7), art. 6:203 DCC | On non-conformity those costs are yours. What the consumer paid was paid without legal ground. |
Pay within the stated deadline to the account given, quoting the reference from the letter. That settles the matter for you. We confirm receipt in writing and close the file.
If you disagree with the claim, respond in writing within the deadline and support your position with documents: proof of dispatch with tracking, proof of refund, correspondence showing a different agreement. A substantiated defence is taken seriously. We put it to our client and if it holds up, we withdraw the claim. That happens regularly.
What is not a defence: pointing to your own terms and conditions. In a consumer sale, article 7:6(1) of the Dutch Civil Code does not permit departure from the law to the buyer's detriment. A clause that does so anyway is voidable.
Then the deadline passes and we escalate. What that means in practice depends on your business: a report to the trustmark whose logo you display, a report to the regulator, proceedings before the disputes board you may have bound yourself to, or a summons before the subdistrict court. In that last case the legal costs and statutory interest are for your account.
We are not looking for a conflict and not looking to damage your reputation. Payment within the deadline is the cheapest outcome for both sides. Every step after that costs you more than the amount claimed itself.
Use the secure response form with the file number and access code from the letter. There you can pay, raise a defence, propose a settlement and attach documents. You can also respond in writing to dossier@hartmannjuris.com quoting the file number in the subject line. We respond within two business days.
Every letter from us carries a file number and is sent from an address on the domain hartmannjuris.com. If either does not match, email us with the letter attached and we will confirm whether it is ours. A specimen of our demand letter is published on this site so you can compare.
Email us quoting the file number in the subject line. We respond within two business days.