Membership entrapment. I enrolled with a internet based service on a 12 month contract (February 2011 - February 2012) and initially paid my membership monthly with a credit card. In September my credit card was stolen and subsequently blocked and the company contacted me and advised that I now had to pay the remaining membership fee in total via bank transfer. I asked to terminate my membership but was told I had to remain a member and pay the fee until February 2012. I reluctantly paid and emailed back stating that I wanted to cancel my membership at the end of the contracted period. The company told me email was not sufficient and told me I had to send a letter. I did but kept no proof of postage. This year, in February they contacted me demanding I pay a further 12 month membership fee until February 2013. They claimed they never received my cancellation letter. So I sent them another one. This they received but said it was too late and continued to insist on payment of the unwanted 12 month membership. After several complaint emails, they are still insisting I am forced to have the 12 month membership but are offering me a 30% discount. I want to know if they can legally do this and if it really is so that I have no option but to pay?? I thought email would be sufficient written cancellation? What does the law state?
Number of e-mail complaints and letter to the managing director.
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Hello,Yes, I am still waiting for an answer.RegardsMari
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Dear customer, yes, an email is sufficient. What´s the name of the service you have this trouble with?Your first cancellation email was enough, have you kept this mail? This would be good because in order to proof that you have already cancelled in 2011. Don´t pay the fee for another 12 months.Kind regardsScholzRechtsanwalt
The company is Elite Oartner (Elite medianet) I do not have the first cancellation mail but maybe it can be retrieved from the server. But I have many others.
Dear customer, are you situated in germany?RegardsScholzRechtsanwalt
Hello,Yes, I live in Germany. I have to write back to the Elite Partner (in response to their "offer" of 30% discount) and I wonder what I could / should say so that they would accept that they are in the wrong and should leave me alone. RegardsMari
Dear customer, write back the following: "Verehrte Damen, sehr geehrte Herren, hiermit mache ich Sie darauf aufmerksam, dass ich das Vertragsverhältnis mit Ihnen bereits im Jahr 2011 gekündigt habe. Aus diesem Grunde kam auch keine Vertragsverlängerung mit Ihrem Hause zustande. Nachdem zwischen uns kein Vertrag mehr beseht, bin ich auch zu keiner Zahlung mehr verpflichtet. Unzutreffend ist Ihre Ansicht, dass eine Kündigungserklärung per email nicht wirksam sei. Richtig ist, dass eine Kündigung als empfangsbedürftige Willenserklärung allein Ihnen zugegangen sein muss. Das ist mit meiner Kündigung per email 2011 der Fall gewesen. Letztlich besteht also keinerlei Anspruch Ihrerseits und ich bitte Sie daher, weitere Zahlungsaufforderungen zu unterlassen. Mit freundlichen Grüßen ....."Kind regardsScholzRechtsanwalt
Thank you.But would it be possible that you could tell me in English also? Because the company knows I am unable to communicate in German and I would like to know the content of all correspondence.I have already told them that in my opinion they have received more than adequate notice, they insist as they did not receive the first letter in October that they are entitled to charge. If possible, I would like to keep the correspondence in English.Should I also mention that I have asked for legal advise?
Dear customer, normally the treaty language in germany is german and normally that´s fixed so in the contract policies. Because of that i highly recommend to send the letter as given. Certainly you can mention that you follow legal advice. Kind regardsScholzRechtsanwalt
Rechtsanwalt, Zulassung an der RAK Freiburg
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