Search the Community

Showing results for tags 'legal'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author







Year of birth

Found 7 results

  1. Hello,   I received an Inkasso (debt collection) letter recently.   I was living in Wolfsburg in 2018 and made contract with LSW (for electricity and heating). I moved to Munich in Jan 2019 and closed my contract with LSW. They gave me heating bill right away and they said they will send electricity bill after 8-9 months.    I had given LSW my new address but unfortunately it was temporary. I changed address again before they sent me the bill in Sept 2019.    Now in 2021, I have received Inkasso. I paid it immediately as I am a very scared of German system in general. But I realized later that LSW has my email id and my mobile number details too. So they could have contacted me through either of those.    Now I have already paid Inkasso service charges and bill, I am not expecting money back.    1. I am worried about my SCHUFA. Inkasso mentions they have informed SCHUFA about this. In what ways I can get affected due to this in the future?   2. Can this come in discussion when I apply for loans, rental houses and German citizenship?   3. Is there something I should do now to make the situation better for me?   Thanks in advance.     
  2. Yesterday while I was helping a friend of mine to move out with a rented van, I accidentally scratched a parked car while leaving. Tbh I heard a light sound but I thought it was just a piece of snow under the wheels, so I just moved on without stopping. Later on we came back to collect some more stuff and I noticed that I actually bumped this bmw. So I decided to wait for the owner of the car to show up (since we were still collecting some other furnitures inside the van) so we could  solve the issue together.    In the mean time a grumpy old German guy comes out and says that he saw everything and denounced the case to the police as a hit and run case. We had some sort of verbal fight, mostly originating from language barriers, and he asked me  to leave my data on the scratched car (which I would have done anyway in case the car owner wouldnt have shown up before we left) and to him (this sounded weird to me but I gave my contacts also to grumpy old man since I was confused by the whole situation and I didn't want to aggravate my position).    Eventually, I decided to call the police just to be sure that everything was 100% regular. They came (around 1 hour after the accident) , asked for documents, evaluated the very small damage (which was only received by the parked car) and left, telling me that I would have received a letter in few weeks. They were pretty nice and friendly the whole time, but didn't give me any specific guidance or anything. Just told me to wait for this letter.    Now, what should I expect? What will I receive from the police in few weeks? Do I have to be prepared to receive a charge of hit and run even though I called the cops (but after I left the scene and then returned back)? Should I start to look for a lawyer??    Thank you in advance for your answers.   
  3. Hi everyone, we bought a couple of Mattress beginning of December at a Matratzen Concord local branch. They were supposed to be delivered now but of course with Corona every shop is closed until end of the month. We're moving in in a few days and we need to but new Mattress.   Unfortunately Matratzen Concord doesn't answer on any of the usual channels: phone, email, instagram, facebook. So we can't cancel the order or get any info. I discovered that many other customers are experiencing the same issue.   My question is can we refuse to accept the shipping (whenever it will come, probably in Feb) and get a refund from the company? We paid in full already in December so I'm not sure if the rights to give back the product are long gone by now.   Thanks for your help!
  4. policeman overreaching himself

    I have 3 apartments at in Nürnberg Apartment A has been occupied for 1 year by a Handwerker M who is supposed to have done a massive renovation, stripping the floors, walls, completely redoing the floor and eventually new Einbaukuche. The deal allowed him to live rent free until the eof 2020 and gave him the option of becoming a tenant at a rather high rent. However the work was supposed to be completed in Sep 2020, and has been delayed because of Covid and other problems He hasn't sent me photos because his iphone is broken. He is also demanding to live rent free until May 2021 on the basis of an invoice he created that has no basis.   M swings from being my best buddy to swearing I'm going to be ass raped in prison for all my crimes. Right now he's in the 2nd phase and there shall be no reconciliation. He has gone too far this time.   Apartment B was occupied by D since 2 years. D last paid rent in October 2020. The Hausmeister S entered the apartment to check if the tenant was dead or sick, and also checked the contents of the fridge which showed he hadn't been there for weeks if not months.   M entered on 4 Dec and photographed a letter from Inkasso to D giving D's Berlin address (at my request).   M called me on 9 Dec at 20:16 extremely drunk to tell me he had a tenant for B. I had no interest in M being a rental agent and I told him great, but hc24 is administering the apartment as always and his friend should contact hc24. No I want to deal with you! hc24 is my rental agent. I always go through them. After he started shouting at me I hung up, and told him by whatsapp to contact me when sober.   Then it occurred to me to warn Hausmeister S, and tell him under no circumstances to give M the key. I rang S only for him to tell me a drunk and aggressive M was outside the front door arguing with his son.S then hung up (understandably) and I waited 1 hour and called again.   This where it gets interesting. I heard a young man ask "Is that the Vermieter". He then came on the phone, told me he was a policeman and I could not speak with S. This freaked me out as I though this meant S was badly injured. I started asking what happened, how bad is he. The policeman just told me I was not allowed to enter B, then heard him ask S if had been in B . S answered not today, and the policeman hung up the phone.   It transpired M had called the police to complain about S illegally entering apartments at my direction. The policeman, and a policewoman had first gone to M, talked to him for 20 minutes and then went down to speak to S just as I called. Now I have a number of questions about the policeman's actions:   Why did he even talk to S. It is not a police matter if the 1 tenant complains about a landlord illegally entering apartments. That's a civil matter. If the tenant had called to police to complain that would be different. But it was a 3rd party complaint.  Did he have the right to refuse to allow me to speak to S? Not really a question, but if the policeman listened instead of ordering he would have found out that D had just exited prison, wanted to be free of the apartment ASAP, and has signed an Aufhebungsvertrag giving up B on 15 Dec, but asked us to pack up his stuff as he didn't have the resources to get from Berlin to Nürnberg.   He would also have found that M calling the police was an act of revenge because I was not going to pay him 1000s to replace the floor, paint the apartment etc, and let him act as rental agent. hc24 says they can fix it all up for 3 to 400. One of hc24's employees moonlights as my cleaning lady with hc24's blessing.    Now I don't think the policeman is guilty of anything other being an over enthuiastic idiot drunk with power and trying to impress his female colleague. He's not corrupt and probably not racist.   My objective in call him is to to piss him off against M, have him warn M about wasting police time, although ideally "zeig ihm an" for that and most importantly inspect apartment A confirm M is illegally using a gas cooker, and explain to me what steps he will take if this is true to secure the safety of the building.   So when I call this policeman I will have a number of specific talking points.   Does he agree to my recording the conversation? I'm happy to email him a copy at the end. He will obviously not be enthusiastic, but does he have the right to refuse? I know in the USA the police will lie and order bystanders/victims to turn off cameras, but they have no right to do this. Why did he even visit S. There was no criminal activity Why did he think he had the right to forbid me to speak with my Hausmeister Why he harass 2 Auslanders on the basis of what a drunk, tattoed, very rough looking German said? Was he aware that M was in apartment with S. So M called the police on S for exactly the same "crime" as M had committed. Why did he tell me I could not enter the apartment? What kind of "Beweiss" does he have that I was acting illegally in sending S in 6 is an interesting point. He could well ask me for a copy of the Aufhebungsvertrag which I'm happy to send. But the point is he had to prove me guilty, I don't have to prove my innocence. Furthermore if he has asked instead of lecturing he would have learnt instead of making a fool of himself.
  5. Hey everyone,   I'm fairly certain I worked more than 120 full days as a non-EU student, violating the the 120 full day/240 half day rule by 9-18 days (unsure). I realize this was stupid and take full responsiblity. I've since done a lot of research, and most sources I read say that I could lose my residence permit and/or receive a fine of up to 5,000 Euros. I have completely stopped working and am going to consult a lawyer in the coming weeks, but I thought I'd ask here whether anyone has personal experience.   Part of the reason I vioalated the rule stems from the fact that I didn't really think working 4 hours and 10 minutes or 4 hours and 30 mins would be counted as a full day. But, in fact, it seems like anything over 4 hours is automatically counted as a full day.   My questions are the following: - Does anyone have direct experience with violating this rule? - How likely is it that I will lose my residence permit? - Is there anything I can do now to reduce the punishment(s) I might receive? - Should I turn myself in? - When, if ever, would they contact me about this violation? And who would contact me? - Any other tips?   Thanks in advance.
  6. Apologies for starting a new thread. All the ones on here I could find are many years old (though this one was a useful read).   A bunch of us in my company have been let go. Just want to be sure I'm tying up any loose ends before I sign any documents (and avoid any confusion with my bad german), and to check what my options are (if any). We don't have a Betriebsrat, and foolishly I don't have any legal insurance.   For arbeitsamt purposes, I want to make sure i'm made redundant rather than signing some kind of mutual agreement (aufhebunsvertrag)   The document I've been handed is titled 'Abwicklungsvertrag' but it states quite early on 'Die Parteien sind sich einig, dass das zwischen ihnen bestehende Arbeitsverhaltnis durch die von der Gesellschaft am xx.xx.xxxx ausgesprochene ordentliche Kundigung aus dringenden betriebsbedingten Grunden fristgemass mit Ablauf des xx.xx.xxxx endet'   Does the 'betriebsbedingten Grunden' confirm that this is a unilaterla redundancy for operational reasons?   With this type of redundancy do I have any options at all? i.e. what happens if I don't sign? I'm guessing it's a challenge to go to a lawyer and argue this is an 'unjust dismissal' if the company is deleting some roles?   I had quite a large number of annual leave left over (busy Q2 & Q3). Do I have any right for that to be added on top of any severance that is negotiated? (I've been at the company just over 1 year)
  7. Three years ago my wife and I bought a house and have been slowly fixing it up to where we want it to be, sometimes doing work ourselves, sometimes getting in trades-people.   We've had double glazing put in, roof windows put in, new external doors, some plastering, plumbing, metal work put up (balcony railings) and a new boiler installed.  With the exception of the plastering (a local guy with no official business or qualifications) we had problems with every single contracter we hired.   The window people did not seal up around the windows properly in 7 of the 9 windows they installed on the first run, and after a few weeks some of the trim they installed fell off and it was a fight to get them to take responsibility for it.   The people who installed the roof windows (roofing firm) didn't nail in some of the new joists they installed and I had to have them back, the guy was an absolute prick and acted like I'd really put him out, he then inspired confidence in me by offering to leave some of the nails with me in case I found more...   The external doors were fitted very badly, the guy installed the front door by drilling into the plaster and not the brickwork, the whole thing could be shook, it wasn't sealed, you could see where the plaster had broken outwards under the wallpaper, it was hard to open and close and was at a very slight angle, this was done via Toom, they came out twice and sent a Hörmann rep out to check it, they all seemed to be fine with the shoddy work, we had to hire a gutachter to check it who said it was an absolute joke and exposed a whole bunch of other problems we hadn't seen too.    The plumber smoked in the house and left beer bottles and cigarette ends on the upstairs balcony, plus I caught him in our bedroom once when I got home and he had no good reason as to why he was there. The company said they had spoken to him and were happy he had not acted inappropriately and also said they have told him to make sure he removes all trash from jobs in the future (no mention of asking him not to smoke in peoples houses or drink on the job).   The boiler guys didn't install the thermostat where we asked them to and flatout refused to move it, even after admitting it was their fault.   When the railings guys finished I checked the work and found that a lot of the masonry screws they used had been over-tightened and were just spinning in the holes they made so the whole railing was not properly secured, when I asked them about it they blamed our masonry, saying it was too old. I challenged them and asked them why they didn't say something before installing it unsafely (keeping in mind the balcony is second floor and needs to be secure) and they said it was not their responsibility.  Again, we had to get a guachter because the company refused to put it right and assured us it was fine (it was not), and the gutachter agreed with us, we are still waiting for them to put this right.  It was installed in February.   All of these firms are, as German law dictates, run by fully qualified people and charge an absolute premium for their work, plastering the word "Meister" all over their vans and paperwork, but the work is second rate, the attitudes are terrible and customer service is non existent. I would argue that from my lived experience their "Meister-ship" is worth less nothing.   I fully understand that all of the rules and regulations are supposed to be there to ensure quality of work and safety and also keep the economy rolling, but the only bloke who ever did a good job was the local with no qualifications who HAS to rely on word of mouth and reputation alone, he's also the only one I will definitely hire again.   We are going to have to hire a firm to lay the floor upstairs soon, and I'm totally at the end of my wits with it all, I don't have the energy to keep fighting it out with these people,  No matter how hard we search or what recommendations we get, there places always seem to be more interested in cutting corners and doing the work fast and not well.   In contrast, I have never had this problem in the UK. Of course people made mistakes, broke things or did a bad job from time to time, but most were honest mistakes and were rectified without the attitude and I certainly never had to resort to external experts or lawyers.   In short, what the hell is up with this?  are we just extremely unlucky or is this an accurate representation of what we are going to have to deal with every single time we have work done buy contractors in Germany?   * as an added extra, not construction related but still a similar thing, the caterer we hired for our wedding tried to charge us more than the amount we had agreed on after we had paid them in cash on the day (they sent us a mahnung/invoice a month later with added costs). We have just settled this through the courts where he lost, but this was ongoing for over 3 years and it was over an amount of 60€