Problem with a weird transport company!

39 posts in this topic

Today, I signed a contract with a transport company to move to another city. The offer wasn't cheap. But their service was good enough compared to others. But I noticed the company looks weird! They do not have a ".de" website or a company email address. Just Gmail! I also have no landline phone. 

I checked the company's address and noticed it's the place the manager lives with his family. I really doubt that they have registered their company, especially because they requested cash payment. 

I asked to cancel the contract. But, he said that I have to pay 40% of the agreed cost based on their AGB.

How should I know if they are really registered or not? Also, can they use the AGB to get that 40% in case of cancelation?

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57 minutes ago, bobMorane said:

I asked to cancel the contract. But, he said that I have to pay 40% of the agreed cost based on their AGB.

How should I know if they are really registered or not? Also, can they use the AGB to get that 40% in case of cancelation?

 

Did you ever see their AGB's?  Were they mentioned in the contract and made available to you?

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Just now, LeonG said:

 

Did you ever see their AGB's?  Were they mentioned in the contract and made available to you?

It is on their website. But when I signed the contract documents it was not attached to it.

I asked for a cancelation 2 hours after signing the contract. But then they said that I have to pay 40% of the cost. 
I asked them to take back my cancelation and go through with the transport. But they say we won't do it anymore and want the 40% easy money!!

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Utter bastards. Let them find you. Cash ? Hmm. Maybe the Finanzamt would be interested. 

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3 minutes ago, karin_brenig said:

did you sign a paper contract in their office?

Or was this all done online?

I believe you have 14 days (at least) to cancel this contract for any reason.

https://www.haendlerbund.de/de/ratgeber/recht/3765-widerrufsrecht-dienstleistungen

 

I wouldn't work with a "shady" company like that. Who knows what they'll do to your furniture.

 

I signed the contract in their office, which was practically their home. The AGB was not attached to the contract.

I later read their AGB is on their website: https://ah-umzuege.com/

After they told me about the 40% plant on the phone, I asked them to cancel the termination request and do that transport. I wrote them another email. But they refuse to do it anymore and ask for the 40% fee.

What kind of lawyer can give me some advice on such matters?

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6 minutes ago, optimista said:

Utter bastards. Let them find you. Cash ? Hmm. Maybe the Finanzamt would be interested. 

They have this clause:

 

Wir bieten Ihnen zwei Möglichkeiten:
• Die Hälfte des Rechnungsbetrags ist 5 Tage vor dem Umzugstag fällig. Der Rest ist nach Beendigung der Entladung, und in bar zu bezahlen. Selbstverständlich bekommen Sie vor dem Umzugstag eine Bestätigung von uns, dass Sie eine Anzahlung geleistet haben.

Would Finanzamt be interested in that?

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4 minutes ago, bobMorane said:

I signed the contract in their office, which was practically their home. The AGB was not attached to the contract.

I later read their AGB is on their website: https://ah-umzuege.com/

After they told me about the 40% plant on the phone, I asked them to cancel the termination request and do that transport. But they refuse it.

What kind of lawyer can give me some advice on such matters?

 

the contract was not signed in a company office - so, same basic rule:

https://www.bmj.de/DE/Verbraucherportal/KonsumImAlltag/Widerrufsrecht/Widerrufsrecht_node.html

 

Don't do business with them. Find some other moving company. Never do cash transactions in any "professional" context. Moving expenses could be used later to reduce your personal tax burden - so you'll need tangible proof in the form of a Kontoauszug

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7 minutes ago, karin_brenig said:

 

the contract was not signed in a company office - so, same basic rule:

https://www.bmj.de/DE/Verbraucherportal/KonsumImAlltag/Widerrufsrecht/Widerrufsrecht_node.html

 

Don't do business with them. Find some other moving company. Never do cash transactions in any "professional" context. Moving expenses could be used later to reduce your personal tax burden - so you'll need tangible proof in the form of a Kontoauszug

I have no idea.

It was the contractor's own house where his family was living. It's the same address on their website and their contract. So, I do not know if this is considered a company office or not.

Also, they have Steuer-Nr. on their website. Should I consider they have registered their address as a company office?!

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4 minutes ago, bobMorane said:

I have no idea.

It was the contractor's own house where his family was living. It's the same address on their website and their contract. So, I do not know if this is considered a company office or not.

Also, they have Steuer-Nr. on their website. Should I consider they have registered their address as a company office?!

 

you are free to do business with anybody - out of their house, or out of a corner office, or online - in this case, though, I wouldn't talk to the "company" anymore.

 

Find a different mover, and don't worry about Mr. AH coming after you for his 40%. If he does, send him that link I posted, and wait.

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28 minutes ago, bobMorane said:

Could they have registered the apartment they live in as a company office?

 

highly doubtful. There is the entire family living in that space. Unless the "business" has it's own entrance, clearly separated from the family living area, nobody will really accept that as a "business office".

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1 hour ago, karin_brenig said:

 

the contract was not signed in a company office - so, same basic rule:

https://www.bmj.de/DE/Verbraucherportal/KonsumImAlltag/Widerrufsrecht/Widerrufsrecht_node.html

 

Don't do business with them. Find some other moving company. Never do cash transactions in any "professional" context. Moving expenses could be used later to reduce your personal tax burden - so you'll need tangible proof in the form of a Kontoauszug

I found the following clause in the list of explosions:

 

bestimmte Dienstleistungsverträge, zum Beispiel in den Bereichen Beherbergung, Beförderung von Waren und Kraftfahrzeugvermietung, wenn der Vertrag für die Erbringung einen spezifischen Termin oder Zeitraum vorsieht.

 

So, this regulation wouldn't apply to Umzüge. Would it?

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5 minutes ago, bobMorane said:

I found the following clause in the list of explosions:

 

bestimmte Dienstleistungsverträge, zum Beispiel in den Bereichen Beherbergung, Beförderung von Waren und Kraftfahrzeugvermietung, wenn der Vertrag für die Erbringung einen spezifischen Termin oder Zeitraum vorsieht.

 

So, this regulation wouldn't apply to Umzüge. Would it?

 

I'm not a lawyer, my advice is always just my personal opinion. If you really worry about Mr. AH demanding your cash, you should contact a Verbraucherzentrale in your local neighborhood and talk to them.

 

Since the entire "transaction" went down in a really "strange" way, I'd be willing to bet that OP will never hear from this "company" again, if he firmly says "no".

 

Just look at the timeline of events here:
OP signs a paper contract in Mr. AH's personal home-office
2 hours later, after coming home and thinking about this some more, OP demands cancellation of the contract

Mr. AH says, "OK, but you have to pay me 40% up front in cash now because that's my AGB (which I didn't explicitly give to you with the contract)" (that sounds like demanding payment for nothing, based on illegal business practices)

So then OP says - "allrighty then, if I have to pay you anyways, just go ahead and do the move" (basically revoking the cancellation)

No Mr. AH says "nope, I don't like you, I don't work for you. But go ahead and give me my 40%"

 

If this goes to court (which I doubt it will), how does that look to any normal person?

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1 hour ago, karin_brenig said:

If this goes to court (which I doubt it will), how does that look to any normal person?

It´s irrelevant how it looks to a normal person (and I think it´s also irrelevant that the company´s office is a home office). What matters is how it looks to the judge. I think there is a risk worth talking to a legal professional. If you don´t have legal cost insurance, the Verbraucherzentrale may be a good start. Or a website like https://www.frag-einen-anwalt.de if they can´t give you an appointment soon and you´re cost-sensitive.

 

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I moved home using the wonderful one-way van hire option. A lot of work, but it is much better to do it yourself if possible and surely much cheaper (tipp for others who may be moving, or for next time).

 

I should not be surprised if even serious moving firms have flexible pricing, often they might add extras and charge more than expected. 

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43 minutes ago, Fietsrad said:

I moved home using the wonderful one-way van hire option. A lot of work, but it is much better to do it yourself if possible and surely much cheaper (tipp for others who may be moving, or for next time).

 

A van hire is a cheap option. But, needs a lot of work and manpower if you have bulky furniture like sofa, bed, shelves, and fridge.

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46 minutes ago, Fietsrad said:

I should not be surprised if even serious moving firms have flexible pricing, often they might add extras and charge more than expected. 

 

Sometimes they will hold your stuff hostage and tack on expenses based on nothing or they will say that you had more stuff than they thought.  However, not everybody has the health to carry their own furniture so you'd have to find people for that.

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