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Two years ago I was in living in Berlin for 2 months in

Hi, my name is*****...

Hi, my name is***** years ago I was in living in Berlin for 2 months in regards ***** ***** internship. I went to a Telekom shop in Berlin asking how I can get internet. I did not have a german bank account. The employee told that if I don't have a german bank account, a contract can't be made, and I can't get internet from them. A few days later, I received a letter from them with a contract. I talked to all the people that I could reach from Telekom and eventually the problem was solved. At least, this was what everyone has told me. Now, after two years I receive a mail from a company that handles financials claims(EOS) with a request to pay 286, 26 euros for Telekom. Otherwise, I will put into court. I called them, everyone was surprised that I am not in Germany anymore. I called Telekom, From Telekom, I was told they do not know anything in regards ***** ***** case. What I should do?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

I am asking this in relation to german law. What I should do in order not to break the law but to solve my issue?

Lawyer's Assistant: Has anything been filed or reported?

The people from EOS did not report anything into court. They will do it in a few days.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, that is my only concern.

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Answered in 51 minutes by:
3/10/2018
hhvgoetz
hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 3,038
Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)
Verified

Hi,

before court you will have to prove that you were told you could not get any contract and when you received it you told the Telekom and they stated you wouldn't have any contractual obligation with them.

However, if you signed a contract in the Telekom shop but do not have any written evidence that it was cancelled without obligation to pay anything, things will get quite difficult as you will have to rely on witnesses you will need to be able to name.

If you did not sign anything, and did not make any contract via phone, don't worry.

In any case, you receive any mail from a court, you will have to appeal within a short period.

In case it is a "Mahnbescheid", you can appeal within 2 weeks (when living abroad there may exist longer periods, check the letter) by filling out the form attached and sending it to court. Then, things will go to court and the telecom will have to ecplain in detail why they think they have a contract with you.

If you don't react to court letters, Telekom may be able to send the a bailiff to get the money from you, even if you are situated in Denmark.

Regards

Ask Your Own German Law Question

P.D.

If things go to court after appealing to the Mahnbescheid, you should get a German lawyer.

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Customer reply replied 1 month ago
hi, thank you so much for your answer. The contract that was made with Telekom was never signed by me. However, I do not recall receiving anything in regards ***** ***** cancelled contract. And after I was told that everything was over, I throw all the papers that I have received from them. I thought I will never hear from them again. How can I prove that I was told that no contract will be made unless I have a german bank account? I did not record the conversation with them. But I will do it from now on, just in case.

Hmm, if you didn't sign anything and did not make a contract via phone (Telekom will have to prove by playing the recorded conversation), don't worry too much and make sure to react to a letter by a court within the given time period.

Good luck!

hhvgoetz
hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 3,038
Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)
Verified
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