Lenny Nero

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About Lenny Nero

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  • Location Haidhausen, Munich
  • Nationality German
  • Gender Male
  • Year of birth

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  1. Gym/Clever Fit wants to collect nonexistent debt

    Why would you want to close your account ? Much easier to - tell the gym in writing that any direct debt authorization is revoked with immediate effect - tell your bank that any direct debit from this company should be revoked for the last xxx (up to the last six weeks). The bank has to revoke direct debits at your instruction, if this is within the time window stated above.   Note: A direct debit is not the same thing as a standing order to pay xxx every month. You cannot instruct your bank to withdraw such a standing order for the past (but you can stop it for the next payment).
  2. A termination is a unilateral statement by the employer. No need to sign anything for the recipient - especially not for a non-native speaker who may inadvertently sign something that could be understood as accepting the termination as valid. The only thing that I would consider signing - if your wife wants to be nice - is a declaration of receipt of the termination. "Ich bestätige den Erhalt der Kündigung am 02.November 2020." => I confirm having received the termination letter on November 2, 2020. I'd not confirm any backdating of statements.   Generally speaking: Closing down the restaurant might be a justification for a termination, but the employer still has to respect notice periods per the employment agreement.  
  3. Looks like a lawsuit waiting to happen re the confusing similarity of the user names optimista and Optimalist. Let me know if you need a lawyer...
  4. Landlady not replying to termination

    This is what Section 573c of the German Civil Code states re notice periods for rental agreements: https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html#p2569   As Namu stated above this means that if the notice period started on July 1, it ends on September 30.   In light of the landlady's WhatsApp message it might be difficult for her to successfully claim that this email notice did not meet the formal requirements of a written notice. And it will also be difficult to insist on a written notice in case the address of the landlady is outdated and no new address is provided to the tenants.  
  5. Non-compete compliance verification

    If your customer is ready to confirm this statement you may have good chances of sending a cease-and-desist letter to your old employer, requesting that they never misinform any of your customers again about such non-existing non-compete. Such letter is usually combined with a contractual penalty of xxxx EUR payable to you for each and every time they violate this cease-and-desist commitment. In case you actually lose customers because of this you can also file a damage claim for lost business against your former employer.