Received Legal Notification From N-Ergie with Title "Klage"

12 posts in this topic

I am an international student living in Nuremberg. I was getting electricity and gas from N-Ergie company and the bills were being deducted from my bank account. One month, I did not have enough amount in the bank as I got my salary late so the bill was not deducted that and also the next month. Then I received another letter from the company that I do not have enough money in my bank account so provide new account details if you have any other bank account. As I had only this account, I filled the form, provided my same account details, signed it and sent it back for SEPA deductions. But the bill was still not being deducted, so I logged into my online account of N-Ergie where I wanted to check the bills and pay them, but in the bills section, it was written "Next Due Date: March 2019". So, I thought as I failed to pay monthly, they might have changed it to annually and now I have to pay all remaining bills in March together. But I received this notification from N-Ergie a couple of days ago, I have also attached the scanned photos of notification. My German is not very good and a bit hard to understand what they mean. I have no problem paying the bills right now or in March 2019 altogether. So, I want to what they mean by this notification. I have a few questions and desperately waiting for some advice.
1. What should I do according to the notification?
2. Do I need to hire a Lawyer and go to court (If yes, then what are my options as I am a student and lawyer may cost a lot)?

3. What is the best option for me right now, what should I do now?      

 

Any help would be really appreciated. Thanx in advance! 

Passport_Page_22011.jpg

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Where do you study? There is free legal advice from most Unis.

http://www.werkswelt.de/index.php?id=rechtsberatung

 

(To me it looks like the company wants to cut off your electricity and want you to pay 1,402.37 Euro for electricity and legal costs that accumulated until today. The court wants your reply within 2 weeks of receiving the letter.)

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2 hours ago, Shirazal said:

I study at FAU. So along with paying, I need a lawyer to reply to the court? 

 

You don't have to get a lawyer, but you should.

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4 hours ago, Shirazal said:

I am an international student living in Nuremberg. I was getting electricity and gas from N-Ergie company and the bills were being deducted from my bank account.

 

1. When did your contract start?

1a. Are you sure that their bills were ever actually deducted from your account?

 

Quote

One month, I did not have enough amount in the bank as I got my salary late so the bill was not deducted that and also the next month. Then I received another letter from the company that I do not have enough money in my bank account so provide new account details if you have any other bank account. As I had only this account, I filled the form, provided my same account details, signed it and sent it back for SEPA deductions.

But the bill was still not being deducted, so I logged into my online account of N-Ergie where I wanted to check the bills and pay them, but in the bills section, it was written "Next Due Date: March 2019". So, I thought as I failed to pay monthly, they might have changed it to annually and now I have to pay all remaining bills in March together.

 

 

2. Which month are you referring to as 'One month'?

2a. Why do say you received 'another letter'? Or how many did you ignore?

 

If you had failed to maintain sufficient balance in your account to meet your pre-arranged obligations your creditor would have had to pay bank charges each time their collection process failed. With automated billing processes it is normal after a second rejected deduction for their accounting dept to send a dunning reminder. If you had still not brought your account into sufficient credit balance to meet that requirement it would also be normal for the issue to be passed to their legal dept.

 

You could and should have tried to contact the office which sent you 'another letter' by phone. It was reckless to assume that your online account info would be valid.

 

2b. Why would you assume they had decided to extend credit to the following year to a debtor who had twice or more failed to meet their monthly obligations already?

 

Quote

But I received this notification from N-Ergie a couple of days ago, I have also attached the scanned photos of notification. My German is not very good and a bit hard to understand what they mean. I have no problem paying the bills right now or in March 2019 altogether. So, I want to what they mean by this notification. I have a few questions and desperately waiting for some advice.
1. What should I do according to the notification?
2. Do I need to hire a Lawyer and go to court (If yes, then what are my options as I am a student and lawyer may cost a lot)?

3. What is the best option for me right now, what should I do now?      

 

Any help would be really appreciated. Thanx in advance! 

Passport_Page_22011.jpg

 

 

The notification is not from N-Ergie but from a lawyer who represents them.

 

It is a copy of their authorization to represent N-Ergie and a copy of a suit against you and includes a 'simplified civil process' application to the court in Nuremberg for an 'injunction (Verfügung) of toleration' (Duldung) against you.

 

According to the suit (Klage) they have made a number of applications (Anträge) to the court requesting it to order you to tolerate, let and allow a technician working for a meter measuring and supplying firm on behalf of N-Ergie to access, read, cut off and remove their clients meters from your premises without interference or resistance from you.

 

They have applied for a court bailiff to assist if needed and, pre-emptively, a sanctioning fine of up to 30K €s or two months imprisonment to take effect should you not comply with the terms of the toleration injunction. They have applied for a judgement reinforcing the rights of their client to serve an enforcable payment order against you for an accumulating amount (currently estimated at 1402,37 €) and they have also applied for all related legal and court costs to be awarded against you.

 

The judgement is to be - provided you can supply a customs and taxes compliant guarantee of security issued by a recognized bank or Sparkasse - considered provisionally enforced.

 

They have additionally applied, in the event you do object thus causing the case to fall out of the 'simplified process' conditions, for a writ of neglectful default against you due to the delay causing an ongoing breach of contract to be suffered by their client.

 

Under the headline 'Begründung' are listed the bases of their clients suit, including details of their rights under various paragraph numbers of gas and electricity supply laws, the similarly legally referenced contractual conditions broken by you, a summarization of the amounts of due payments not received by their client and references to a number of evidential items 'Beweis' such as an excerpt from your N-Ergie account, their accumulated demand account, copies of two letters sent to you, a witness in the form of an un-named technician who failed to gain access to your meters already, etc..

 

Should you fail to provide the information required (as per Verfügung point number 2) and/or not register any objection within the limited time allowed, or should your objection be over-ruled, then the conditions they have applied for are going to take effect soon.

 

1. What should I do according to the notification?

 

If you intend to try and challenge or delay the process, you need to either write, or go in person to give the legally required information verbally, to the Amtsgericht in Nuremberg.

 

2. Do I need to hire a Lawyer and go to court (If yes, then what are my options as I am a student and lawyer may cost a lot)?

 

You do not need a lawyer to do that but, if you want to deal with it verbally, you must do that during court business hours as soon as possible and absolutely within the time limit of two weeks from the date the notification was delivered.

 

If you fail to do so the law will automatically take its course to your disadvantage and that could cost you more in headaches than the sums claimed.

 

(Click on the title line to find the full post)

 

3. What is the best option for me right now, what should I do now?

 

Your best, and most economic, course of action would be to pay your bills ASAP especially if you are, as you say, in a position to do so.

 

Quote

I have no problem paying the bills right now or in March 2019 altogether.

 

Pro Tip Nr 1: If you do pay what you owe in full to their lawyers account (mentioning both your account number with N_Ergie AND the Az Nr. of the court papers as well as the lawyers own reference number) AND provide written evidence of that payment to the Amtsgericht before the 2 weeks are up this issue will be resolved, or at worst be put in to a holding pattern in case you indulge in any future breaches of contract.

 

Btw, I did read your PM asking me to respond here earlier, but I might have done that when time allowed anyway.

 

Unfortuntely I really do not have the time to translate the entire contents of such scanned photographs so I suggest you either run the text through a machine translator like www.translate.google.com or www.deepl.com or better yet download the free version of Foxit Reader, which has versions to suit most popular operating systems and browsers, and let it convert your document to a PDF and then translate it.

 

HTH

 

2B

 

Standard TT disclaimer:

I am not a lawyer and none of the above purports to be legal advice. In Germany only a qualified Rechtsanwalt or Jurist is authorized by law to give legal advice.

 

ETA: You can treat my questions as rhetorical - they're only there to make you, or other future readers who may encounter similar circumstances, think about them.

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1 hour ago, 2B_orNot2B said:

Pro Tip Nr 1: If you do pay what you owe in full to their lawyers account (mentioning both your account number with N_Ergie AND the Az Nr. of the court papers as well as the lawyers own reference number) AND provide written evidence of that payment to the Amtsgericht before the 2 weeks are up this issue will be resolved, or at worst be put in to a holding pattern in case you indulge in any future breaches of contract.

So, I should transfer 1402,37 Euro to lawyer's account and then submit the transaction copy to court? Can I send it by post or I have to go there and submit it personly at the court? Also, Od I have to submit anything else (any other document) or just the transaction copy?
Thank you very much    

 

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Please try to appreciate that scrolling up past 9 (now 11) posts to read, translate and remember a few lines at a time of German legalese for as long as it takes to scroll back down and attempt to write the result in lay English is a royal PITA.

 

Giving a guarantee that I might be doing that accurately is beyond the limits of the price of the service you're paying for in TT.

 

In other words I may have missed an important detail.

 

That tip was based on 34 years experience of living in Germany and apart from that and a certain amount of in-depth reading about civil and criminal case law I do not claim to know anything for certain so it's just one opinion from a stranger in a public forum on the internet.

 

2 hours ago, Shirazal said:

1. So, I should transfer 1402,37 Euro to lawyer's account and then submit the transaction copy to court?

2. Can I send it by post or I have to go there and submit it personly at the court?

3. Also, Od I have to submit anything else (any other document) or just the transaction copy?

 

1. If I were in your situation that's what I would do.

 

2. I would want to be 100% absolutely sure that it was delivered to the right office at the court in good time and want to get a stamped receipt for its delivery. I would go in person but it is possible to do that via the Post by requesting it be sent as 'eine Einschreibenbrief mit Ruckschein' which should mean you get a form with a date of delivery returned to you.

 

However that only proves that an envelope was delivered to the court, not whether its content was satisfactory to the courts requirements which brings us to point...

 

3. As I pointed out above, I do not know for sure so that would be one good reason to accompany it personally so you could seek confirmation in good time to return with any other document if needs be.

 

If you can't be arsed to go to the court, apply for and get a Beratungsschein* and contact an English speaking German Rechtsanwalt to get qualified legal advice I suppose you could just call and talk to the lawyer who is representing N-Ergie and ask them if that would satisfy their requirements and put an stop to the process, but I'm not sure they'd be willing or able to advise you since that might well be a conflict of interest wrt their duty of care in their clients interests.

 

*or contact a Rechtsanwalt directly and cough up ~150€ for an initial consultation (erste Beratung nach DRV).

 

ETA:

I really do think you should make an appointment and get a consultation with a lawyer as they would probably recommend that they write a letter to the other lawyer to ensure that you were covered against any potential risk of the meters being cut off and removed without due warning in future.

 

Once these type of debt-related processes are started there is usually some residual risk of them being restarted until the statute of limitation has expired.

 

Good luck!

 

2B

 

PS: It's about to get much colder. To avoid getting yet another shocking demand after they do read your meters be sure to wear warm underwear and wooly pullis indoors, take short lukewarm showers and keep the heating turned down. 18 - 22° C is more than hot enough for most Germans and they do throw the windows wide open for 15 - 20 minutes every morning too so as to avoid problems with damp and fungus in the walls.

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