§ 26. A complaint to the complaints board can interrupt the limitation period for the debt collection dispute

§ 26 is about the statute of limitations (foreldelse). The statute of limitations means that a claim can become too old to be collected. When a claim becomes time-barred, the person with the claim as a general rule loses the right to enforce payment.

In debt collection (inkasso) cases, the statute of limitations can be important because cases often concern old claims. Perhaps the claim is several years old. Perhaps you are sent to debt collection for something you barely remember. Perhaps there have been long periods without any activity.

§ 26 says that the limitation period is interrupted when a dispute that the complaints board has authority to deal with is brought before the complaints board. This means that the complaints board dispute itself does not run out while it has been properly submitted.

But then comes the important clarification: The limitation period for the principal claim is not interrupted by a dispute being brought before the complaints board.

The principal claim is the original claim. It can be the mobile phone bill, the electricity bill, the invoice or the loan claim. The complaints board dispute, on the other hand, can be about debt collection costs (inkassokostnader), good debt collection practice (god inkassoskikk) or how the debt collector (inkassator) has handled the case.

This distinction is very important. If you complain to the complaints board about debt collection fees, this does not automatically mean that the creditor (fordringshaver) has interrupted the limitation period for the principal claim itself. The limitation period for the principal claim must be interrupted in its own ways under the limitation rules.

What does it mean to interrupt the limitation period?

Interrupting the limitation period means that the limitation period is stopped or interrupted under the rules in the Limitation Act. This means that the claim does not lapse because of time at that point.

The limitation period can be interrupted in various ways. This can happen, among other things, through legal action, acknowledgement of the debt or certain complaint processes. § 26 links complaints board review (nemndsbehandling) to such an interruption rule.

But § 26 carefully limits what is interrupted. It is the dispute the complaints board can deal with that is interrupted. Not the principal claim.

This makes sense because the complaints board under the Debt Collection Act does not necessarily deal with the principal claim. It deals with disputes about obligations under the Debt Collection Act between the debtor (skyldner) and the debt collection business. This can be a different dispute from whether you actually owe the original bill.

Why is the principal claim not interrupted?

Because the principal claim often belongs to the creditor, while the complaints board dispute often concerns the debt collector's conduct. It is not always the same question.

Imagine you receive a debt collection claim for NOK 2,000. You complain to the complaints board because the debt collection agency (inkassobyrå) has charged a debt collection fee (inkassosalær) on the wrong basis. The complaints board assesses the fee and the debt collector's handling. But it does not necessarily decide whether you actually owe the NOK 2,000.

If the complaint to the complaints board automatically interrupted the limitation period for the principal claim, the creditor could gain an advantage from a process that is really about something else. § 26 prevents that.

This also means that the creditor must keep track of its own deadlines. If they want to interrupt the limitation period for the principal claim, they must use a method that actually interrupts it for the principal claim.

What does this mean for you as a debtor?

If you believe the principal claim is time-barred (foreldet), you should say so clearly. Do not just complain about debt collection costs. Write that you dispute (bestride) the principal claim because it is time-barred.

If you complain to the complaints board, you should understand what the complaints board deals with. Does it deal with the debt collection costs? Good debt collection practice? A missing notice? Or the principal claim itself? Often the principal claim is outside the assessment or only an indirect part of it.

You should not assume that everything is resolved by the complaint to the complaints board. If you receive legal letters about the principal claim, you must respond to them. A complaint to the complaints board about debt collection fees does not necessarily stop everything relating to the principal claim.

What happens if the principal claim is time-barred?

If the principal claim is time-barred, it normally cannot be collected by force. You must still object. Do not pay without checking.

Write clearly that you dispute the claim because it is time-barred. Ask for documentation of any interruption of the limitation period (fristavbrudd). An interruption of the limitation period can be circumstances that have stopped or interrupted the limitation period.

If the debt collector continues to demand payment without considering the statute of limitations objection, this may also raise questions about good debt collection practice.

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Find the date when the claim arose and when it fell due. This is often the starting point for the statute of limitations assessment.

Ask for documentation of the claim. Also ask for documentation of any interruptions of the limitation period.

Write to them if you believe the claim is time-barred. Use the word “time-barred” (“foreldet”). For example: “I dispute the claim because it is time-barred. Send documentation if you believe the limitation period has been interrupted.”

If you complain to the complaints board, write clearly what the complaint is about. If you distinguish between the principal claim and debt collection costs, the case becomes easier to deal with.

Always respond to letters from the Conciliation Board (forliksrådet) or the enforcement officer (namsmannen). Even if you believe the claim is time-barred, your objection (innsigelse) must be put forward.