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Inkasso with wrong bill

15 posts in this topic

Posted

Hi,

Long story short:

Major phone company (keeping it discrete for now) believes they have not received a router upon the cancellation of a contract.

They sell/transfer the payment to an Inkasso company.

I prove (with receipt from post office) to the major phone company that the router has actually been sent back to the address stamped on it's box (the router was sent back right after the contract expired, no delays).

Major phone company denies to do anything about it claiming they no longer have access to the data on my debt, although they wouldn't open a new contract on my name.

I get a letter from the Inkasso where the debt is doubled (100 eur). Calling the Inkasso would cost me 45 cents / minute.

Oh and my name is spelled wrong both by the phone company and by the Inkasso - the contract was actually transferred on my name by somebody else via phone - I didn't know this was possible but hey..

At this point I feel a little bit tired (after taking so much time to get this information from the phone company on my expense: ~1.5 months). I don't know how fair it is to continue pursuing the resolution of this matter (on my expense) considering that the debt is all wrong.

And I don't want to have anything, ever to do again with this particular phone company, so I don't worry if I would end up on their blacklist.

Do you guys think something more should be done about this?

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Posted

Provide the Inkasso company with all of the necessary information, especially the proof of delivery. Refuse any costs or payments. Let them take you to court. Show the court the evidence. Watch the claim be denied. Skip home happily.

Disclaimer: I am not a lawyer. Please have all legal advice you receive here verified by a legal professional.

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Posted

What do you mean with "sent it back to the address stamped on the box " ?

Which box? And is this address identical with the address you were told to send it by the company?

Maybe your router vanished in the nirvana , and while you believe they got it back it ended in a trash bin somewhere.

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Posted

Thanks for your replies:

@sarabyrd: thanks for the suggestions. Will consider it.

@Corcaigh: :) More details before you get the police on me. The contract ended at the end of March (router sent back), fast forward, beginning of June a Mahnung letter from major phone company arrives in my mailbox: the letter states the date the debt bill was emitted (15th May) and the deadline (30th May). The letter also states that repeated warnings have been sent yet it was the first letter I got (I also tried to check my account on the web interface but this was disabled probably at the time of cancellation). The letter does not mention anything else like what is the bill for: I had to find all this on my own afterwards.

@sosarx: I sent the router back with it's original box. On this box there was a stamp from DHL with all the data required. I just went to the DHL office, they got the stamp, registered it, gave me the receipt and away it went (probably to nirvana, but I still had the receipt)

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Posted

Listen to Sara, send the inkasso all the proof you have that you did indeed send it back to Vodafone (I know you did not list them but I am pretty sure it is them you are talking about). Deny the charges by inkasso. Most times inkasso is not going to waste money on taking you to court, especially if they see the evidence that you have paid. They will revert back to the phone company and ask them for clarification.

Last yr when my wife ended our phone contract with vodafone, we had one last bill to pay. we paid that bill, but then we received a letter saying we actually did not have to pay that bill, and our money was refunded. 2 weeks later we get a bill saying we had to actually pay the bill. We disputed this, and told them that on several occasions we had double checked, and we were told indeed that we did not have to pay this bill and our money was refunded by them. We were told that they would get back to us.

Well 3 weeks later, we got a letter from the Inkasso folks. We simply sent them copies of the letter Vodafone sent us saying that we actually did not have to pay the bill. We sent them proof that vodafone actually refunded the money to us. With that they contacted vodafone, and a few days later they sent us a letter stating that we owed nothing and that everything had been sorted out. Apparently, they get this quite often with Vodafone.

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Posted

You have obviously ignored (or not provided proof of delivery) the demands for the hardware return from the phone company up to the point that they transferred you to inkasso.

. Unless something has gone seriously wrong it points to you not being on the ball about proving you returned it....

You obviously did not read the OP's post.

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Posted

Hi medic82,

and thanks for the detailed reply. Just curious: the letter to the Inkasso had a formal structure or you just mentioned the invalid bill and attached the Vodafone letters for reference?

PS:

Major phone company is not Vodafone, but O2/Alice

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Posted

Hey hay_Parachutist,

Well it was in a formal structure as far as writing business letters go. It was a letter which stated what had transpired between us and Vodafone, along with copies of the correspondence between us and Vodafone. The inkasso folks were actually very understanding of the situation. And were shocked to hear that we had already paid the alleged bill, and then had the money refunded back to us, only to be sent the bill again. It seems as if the left hand has no idea what the right hand is doing.

Oh oh, I just signed up for Alice Phone and Internet. Hope I won't regret it. Though I have to say, I am only doing the monthly contract. It is generally a little bit more expensive, but at least it gives me the option to dump them within a month, if I have too much trouble with them.

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Posted

Thanks for the reply medic82

I will try to get a letter ready for the Inkasso. The canceled contract I'm referring to was also a monthly Alice Internet :) However I think (hope) that there should be no problems as long as you keep the receipts.

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Posted

I get a letter from the Inkasso where the debt is doubled (100 eur). Calling the Inkasso would cost me 45 cents / minute.

Do you guys think something more should be done about this?

Don't bother calling them, just send them a registered letter contesting the claim with a copy of the DHL bill to prove that you really sent the router back. Definitely do not just ignore it as it will eventually affect your Schufa, which might have consequences for you in the future, and not just with the "major phone company". :)

Ciao,

Dg800

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Posted

I had similar problems with Inkassos twice. Both times I send them registered letters with proof of having done the required stuff, and got out of the bills. Get the letters done in nice German (ask a German friend to do it for you). If you read my posts you can find the details.

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Posted

I was actually able to get an update on this situation about a month and a half ago: Having received no reply (by phone or mail) after sending the proof, I called the Inkasso on their overcharged line, where they confirmed that I am no longer in debt.

I have asked them to send me a confirmation in writing (schriftlich Bestätigung) about my updated situation to which the person on the phone replied that I should get the letter in a couple of weeks. After more than a month and no letter, I call them again and somebody at the other end of the line mumbled something that they need some kind of confirmation from HanseNet (the company bought by O2 that got me into this mess) and that I should get an update in a week. So I call back in a week, only to have somebody else tell me that they are going to send the confirmation letter but there is no way they could estimate when it will arrive and that I should have more patience.

Now, I begin to wonder whether this company may not be playing fair in the long term. Like, have some time pass, and then, in about a year have me excavate my house again for the receipt in defense of a new accusation of not having paid my debt. Would this be possible? Are they allowed to delay the written confirmations? Is there a way to check my debt status with a third party (Schufa) ? I am wondering now because I am also planning to move and so it will make it even harder to receive their mail.

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Posted

I wouldn't sweat it if I were you, and I most definitely wouldn't keep calling their overcharged help desk line. Just keep all the receipts

and wait for the statute of limitations to kick in. That's four years since you incurred the debt in Germany (actually until 31st of December of the fourth year). Personally, I don't think you will ever hear from them again, certainly not in writing (registered letters cost money!).

Ciao,

Dg800

P.S. As for Schufa, you are entitled to one free report (Selbstauskunft) per year. Just go to their website to request it.

P.P.S. If O2/Alice still keep refusing your custom, then it's entirely their loss.

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