SED R028 – Request for reimbursement of costs

This SED allows the Counterparty to

alert the Case Owner to estimated costs and/or potential losses to seek agreement to liability if the costs are not recovered and/or losses are claimed as the result of an unsuccessful action:

seek agreement to liability for costs and/or losses for actions deemed to be unfounded;

seek reimbursement of costs and/or losses where liability has been agreed;

seek reimbursement of external costs, i.e. other than expenditures arising from administrative assistance that could not be recovered from the debtor.

The R028 ‘Request for reimbursement’ has a double function. It can be used as a provisional request or a final request.

Provisional request: It should be used before further costs and losses are incurred to seek agreement from the Case Owner that they will reimburse these estimated costs/losses if they cannot be recovered from the debtor. It will contain details of estimated costs and perhaps risk of losses if either recovery action continues and the action is not successful or it continues and is successful but the costs are not recovered from the debtor. This will usually be the only possible means of recovery but at a very high cost or risk that it may not be successful. The Case Owner will be asked to confirm that it accepts responsibility to pay these costs and perhaps losses if recovery action continues and they cannot be recovered from the debtor. If the Case Owner does not accept responsibility the business use case will normally end because no further recovery action is possible.

Tip: In these cases a provisional request should be sent before further costs and losses are incurred. If the Case Owner does not accept liability for paying the costs and losses the Counterparty will need to decide whether it is willing to accept the risk of covering the costs itself, and if

not, advise the Case Owner that further recovery action is not possible.

Final request: It will contain details of any actual costs not recovered from the debtor or actual costs and losses incurred if the recovery action was not successful. This will apply to cases where the Case Owner has already accepted liability for costs and losses.

In every case, you need to provide information on who it concerns and the Reason for request.

Depending on whether you indicate that the SED concerns a person or an employer under 'Concerns', the relevant section 'Person' or 'Employer' also becomes mandatory. When it concerns an Employer, it is optional to include details on related persons, relevant for this Employer. Please note that nationality in the section ‘Person’ can be repeated if the person has dual nationality. The section 'Person' is repeatable to reflect cases where data of more than one person is relevant for the assignment and proceeding of the case.

The reason for request section is a mandatory section for you to indicate whether the reimbursement is requested under:

Article 85(2) of Regulation (EC) No 987/2009, if the recovery poses a specific problem or a very large amount of costs;

Article 85(3) of Regulation (EC) No 987/2009, if recovery action is deemed to be unfounded;

Decision No R1 of 20.06.2013 Point 5, if the request is related to external costs.

For final requests the section 'Actual costs and/or losses' should be completed. The section 'Estimated costs and/or losses' is to be completed where the costs are not yet known. For example where recovery poses a specific problem or a very large amount of costs and you want the Case Owner to agree that it will pay any actual costs if they are not paid by the debtor before taking further action. In these cases you will need to estimate the costs and any potential losses such as compensation payment to the debtor if such claims are payable under your national legislation. You may also complete this section for further

estimated costs in cases where the recovery action is held to be unfounded

Optionally, the Local Case Number can be used to link the case with one or more corresponding local cases for a Country and/or the specific Institution. This way a connection can be made between the corresponding local cases involved, which may be helpful when processing the case.

It is possible to add attachments to R028.

In order to see the content and explanatory notes of the SED R028 please click here.