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About cfq

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  • Location Berlin
  • Nationality Italian
  1. Thanks for your comment. I already complained. Will see what they answer and take it from there.
  2.   I cannot find any explicit duration for the mandate in the Vollmacht, but a lawyer on another website references a decision of the BGH (Urt. v. 20. Juni 1996 - IX ZR 106/95) with regards to the duration of a mandate, saying that it ends with the performance of the lawyer's task, that is, when he no longer expects any further action in fulfilment of the contract. So assuming our mandate was already concluded:   1. is receiving a letter from the opponent sufficient to renew it? 2. is it justified to calculate the fee for their service of forwarding such a letter, similarly to how fees are calculated for legal counselling or representation, based on the Gegenstandwert? This is what seems ridiculous to me. If I am asked to pay for something, at most it should be the administrative costs of scanning and sending the e-mail.
  3. Thanks for your comment. As a matter of fact, I could not find any reference to any 2 year period in § 52 RVG, which the lawyer was mentioning.   I don't know when a mandate expires. He was paid for the work he did at the time more than 4 years ago. Does a mandate expire automatically after a number of years if there are no matters arising? I never cancelled it myself.   Even if receiving this letter from the opponent renews the mandate,  it seems unjustified to be charging such a high amount for having done nothing but forwarding the letter.
  4. Good morning!   My lawyer has forwarded to me a letter from the opposing legal firm and has sent me an invoice for his services together with that. However, we had not been in contact for more than four years until this moment. He explained that any matter arising after two years from the completion of a mandate is considered a new matter according to § 52 RVG. This 'new matter', however, simply consisted in forwarding a letter by e-mail! Is this a sufficient reason for him to be requesting a remuneration fee of almost 150 € including tax? With a Gegenstandswert of 1000€, the Geschäftsgebühr (§§ 13, 14 RVG) was calculated at 104€. To this, 20 € were added as a Pauschale fur Post und Telekommunikation.   Can he demand remuneration in this case? And is the amount he asks me to pay justified? Should I pay this or should I challenge this invoice?   I am grateful for any suggestions you may have for me.