Võidu 7: assignment of debt and inadequate calculation of some late-payment interest

An established assignment does not replace proof of the late-payment interest calculation.

KÜ Võidu 7 assigned its management-charge claims against owner XX to Auvõlg OÜ. The court found the assignment, ownership and principal debt established; the new creditor could seek performance in place of the association. The defendant’s response was treated as a denial of the claim and the dispute was examined on its merits. The claim was allowed in part: principal, substantiated accrued late-payment interest and further late-payment interest of 0.07% per day on unpaid principal from 26 February 2015 until payment were awarded. Earlier late-payment interest was refused because the claim lacked a clear and unambiguous calculation. Costs were apportioned: 62% to the defendant and 38% to the company. The company was awarded 186 euros in state fees. An award does not establish actual payment.

The new creditor was awarded principal and some late-payment interest; earlier late-payment interest was refused for inadequate calculation.