Ask a lawyer on the topic of Contract law

Contract for telephone directory advertising

January 20, 2010 | 30,00 EUR | answered by Steffan Schwerin

Some time ago, I received a call about a business directory entry, the company name, etc. was said very unclearly. According to the conversation, there should be a recording available.
A few days later, I received a bill for 99.00 euros + VAT for the entry on a business directory website.
I immediately sent back the documents, stating that I am not interested and that I am cancelling the contract. Today, I received a letter stating that according to §13 of the German Civil Code, the distance selling law is not applicable. How can I "reasonably" get out of this situation without incurring large costs?

Steffan Schwerin

Dear questioner,

I will answer the questions you have raised taking into consideration the circumstances described and your commitment as follows:

This all sounds very much like a scam.

First, it should be determined whether this is indeed a subscription trap. In most cases, this can be assumed. First and foremost, you should remain calm and contact a lawyer who will discuss the further steps with you.

The invoice or reminder should not be paid under any circumstances. The lawyer you consult will advise you to write a letter to the other party and convey the invalidity of the supposed contract that was agreed upon.

The lawyer will also declare the revocation of the contract as a precautionary measure. With this approach, you are on the safe side.

It may also be worthwhile to go on the offensive and especially to sue the demanding lawyers on the other side for damages. The Karlsruhe District Court has already ruled that a well-known lawyer must pay damages to a consumer who was wrongly claimed.

I would like to point out that this platform cannot replace a detailed and personal legal advice. The aim is solely to provide an initial rough assessment of your legal problem based on the information you have provided to a lawyer. The legal advice I have given is based exclusively on the information you have provided. By adding or omitting relevant information in your description of the circumstances, a completely different legal assessment may result.

I hope I have been able to give you an initial overview and that my explanations have been helpful. Please feel free to contact me through the follow-up option on this platform.

Furthermore, I am of course available to you within the scope of a mandate. The initial consultation fee paid would be fully credited to you.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, post, fax, and telephone, carrying out a mandate is also possible.

Best regards,

Steffan Schwerin
Lawyer

Law Office of Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena

Tel: 03641 801257
Fax: 032121128582

Email: raschwerin@raschwerin.de

Website: www.raschwerin.de