§ 18. Fees for invoices after the due date in consumer relationships

§ 18 is about invoice fees in consumer relationships. A consumer relationship means that you are a private individual and the other party is a business. It could be electricity, a mobile phone, a gym, an online shop, road tolls, a subscription or another ordinary bill.

The section uses the word “rekning”. It means a bill or invoice. “Første gangs rekning” means the first invoice for the claim. In other words, the ordinary invoice you receive before the matter becomes a payment reminder (purring) or debt collection (inkasso).

The point is simple: the party demanding money cannot wait until after the due date and then suddenly invent new fees for the invoice itself. If they are going to charge an invoice fee for preparing and sending the first invoice, it must be a fee they were entitled to charge already before the due date.

This means that § 18 protects you against creative fees after the bill has fallen due. After the due date, there are separate rules for payment reminders, debt collection notices (inkassovarsel), debt collection costs (inkassokostnader) and maximum amounts. These rules are found in particular in §§ 17, 19 and 20. A company therefore cannot simply call an extra charge an “invoice fee”, “administration fee” or “handling fee” to get around the debt collection rules.

This is important because many claims start small. A bill of NOK 299 can feel completely different if it suddenly grows with several fees. § 18 says that after the due date, costs must stay within the system of the Debt Collection Act. They cannot be added freely.

What is a consumer relationship?

A consumer relationship is when you act as a private individual. You buy a mobile subscription for yourself. You order electricity for your home. You pay a gym membership fee. You buy clothes online. Then you are a consumer (forbruker).

If, on the other hand, you buy something for your company, it may be a business relationship. Then § 18 does not apply in the same way. The section expressly says “in consumer relationships”.

This distinction matters a lot. Consumers often have stronger protection than professional parties. The reason is simple: a private individual usually has less knowledge, less bargaining power and less overview than a professional party.

§ 18 fits into this. It prevents professional parties from creating extra costs after the due date that ordinary people do not understand or are unable to keep track of.

Can they charge an invoice fee after the due date?

Only if the fee could have been charged before the due date. If the agreement said that a paper invoice cost NOK 49, and you actually chose a paper invoice, that may be a fee that could have been charged before the due date. Then the fee does not become unlawful just because the bill later falls due.

But if the invoice was actually free before the due date, they cannot add a new “invoice fee” after the due date just because you paid late. Then they must use the rules for payment reminders and debt collection. They cannot create an extra invoice cost on the side.

It is also important to look at what the fee actually covers. Sometimes it says “administration fee” or “handling cost”. The name does not decide everything. If the fee in reality concerns the fact that the bill is overdue and must be followed up, it must be assessed under the debt collection rules.

You should therefore look carefully at the breakdown of the claim. What is the principal claim (hovedkrav)? What is interest? What is the reminder fee (purregebyr)? What is the debt collection fee (inkassosalær)? And what are any invoice fees?

Why does § 18 refer to §§ 17, 19 and 20?

Because § 18 does not stand alone. It says that after the due date, no more may ever be charged for an invoice than follows from §§ 17, 19 and 20.

§ 17 says when you have to pay costs of out-of-court collection (utenrettslig inndriving) at all. It is the main rule on liability for costs.

§ 19 provides the basis for a regulation (forskrift) on fixed compensation (erstatning) amounts. Among other things, this applies to payment reminders, debt collection notices and demands for payment (betalingsoppfordring) when the creditor (fordringshaver) collects the claim itself.

§ 20 provides the basis for maximum rates (maksimalsats). This means that a cap can be set on what the debtor (skyldner) must pay.

Together, this means that after the due date there is no free pricing. The party demanding money must stay within the framework of the Debt Collection Act.

What happens if the fee is unlawful?

If the fee cannot be charged, you should not pay it. But that does not automatically mean the principal claim disappears. If you owe NOK 399 in gym fees, you may still have to pay NOK 399.

The right approach is often to separate the amounts. You can write that you will pay the principal claim but dispute (bestride) the fee. This shows that you are not trying to avoid a correct bill. You are only protesting against the unlawful addition.

If the matter is already with debt collection, you should send the objection (innsigelse) to the debt collector (inkassator). Explain briefly that the fee could not have been charged before the due date, and that costs after the due date must follow §§ 17, 19 and 20.

Find the original agreement. Check whether the invoice fee was agreed before the due date.

Check the first invoice. Was the fee already on it, or did it only appear after you paid late?

Ask for an explanation in writing. Write: “I request the basis for the fee. Was this a fee that could have been charged before the due date?”

Pay the principal claim if you agree with it. That way you prevent the correct part of the claim from growing.

Dispute the fee in writing if you believe it is wrong. Use the word “dispute” (“bestrider”), so it is clear that you are protesting.