English-speaking lawyer with reasonable rates needed

[Alexinmannheim 22]

I'm self-employed, and in April went to test a co-working space. I asked for the bill for the day's use, but they emailed and said it was a free day, because they wanted me to try the service. OK, so I did. I hated it. It was very corporate and very unfriendly, and not what I was looking for at all, and I walked away and never went back. There was no more correspondence or contact with the company.

 

Except that they kept spamming me, with no option to unsubscribe, so I listed them as spam.

 

Yesterday, finally, some emails got through. Scary emails - they have been invoicing me every month, from April onwards, for use of their office space. Now they're threatening to take me to a credit agency if I don't pay up. But I never signed a contract or agreement. I went in, had a day, asked for the bill, and the lady sent me a nice note saying it wouldn't cost anything, and I never replied. I am stumped why they think they can do this.

 

I rang and spoke to them this morning, but the woman in charge of accounts was very aggressive. She wouldn't slow down though I repeatedly asked her to, because she was speaking in very rapid, very complex German. She says she'll look into it and get back to me. I followed up by emailing her and thanking her for her time, and listing a summary of the points that came up in the conversation.

 

She's just written to me and said she'd get back in two weeks, and she's copied in a woman whose name I don't recognise. I looked up the new woman and discovered she's the principal of a corporate troubleshooting consultancy. This is the fastest escalation of a misunderstanding I've ever seen, and I think I need a lawyer. The amount they're attempting to bill me for is huge.

 

Can anybody suggest a reasonably priced lawyer who speaks English who might be able to handle something like this?

[BayrischDude 2,071]

If you did not sign, create or agreed to any type - verbal or written - contract, you should be okay.  I'm not a lawyer, but have been down this path a time or two.  

I would be interested in knowing about the 'test work space' you tried back in April.  Did you sign anything for the use of that space?  How did you pay for it?  Was it an ad online?  Do you still have the email showing no payment was due?  Aside from asking for the bill for that day, did you, in writing, terminate or decline any future use?

It's been six months, if they were serious about this, you would have had something from the post already (Mahnung) or a Magistrate. 

I have a suggestion before you get bogged down with an attorney.  Let us know more about this test day and any documents you signed for the use of that space.

[Alexinmannheim 22]

Thank you so much for your quick and reassuring answer!

 

I returned from a business trip to New York in April. On the trip, I'd had meetings in WeWork, and decided that a co-working space would be better than being stuck in the home office. I looked online, and found one in the town where I live. I booked a day online through their website. To book, you simply fill out an online form, which automatically enrols you in their online community. It doesn't have an option to pay. It also sent me a Googles meeting confirmation.

 

I went along to the day, and wasn't sure. It was nothing like the funky WeWork space, being a repurposed corporate office. The lady there was very nice and we chatted about options, and I said I would think about it. I asked for the invoice for the day. Later, I got an email from her saying that she was pleased I liked it, and I could have the day for free. I did not reply to this. But I note she also sent me instructions on how to use the door.

 

To be clear, there was no further correspondence. I didn't say I wanted it, but nor did I decline. It never occurred to me that I would be legally liable for something I hadn't specifically opted in to.

 

Their online channel drove me crazy. I was getting constant notifications about birthdays, days the office would be closed etc, which I couldn't unsubscribe from. Eventually I just marked their emails as spam. I don't know why some emails got through yesterday - maybe Google's algorithm recognised the seriousness of the threats. Altogether, the bills total €1,200.

 

What if they say I had a verbal contract? How would I prove I didn't? 

 

I certainly didn't sign anything, online or offline.

[tor 16,877]

Check the T&Cs.... look for 'by clicking this button you agree to...'

 

 

[BayrischDude 2,071]

1 hour ago, Alexinmannheim said:

To book, you simply fill out an online form, which automatically enrols you in their online community. It doesn't have an option to pay. It also sent me a Googles meeting confirmation.

I asked for the invoice for the day. Later, I got an email from her saying that she was pleased I liked it, and I could have the day for free. I did not reply to this.

I don't know how long you've been in Germany, but this is a country ruled by the fine print (T&C as tor wisely states).  Online forms, can be a wee tricky.  Sounds like you've stumbled across a semi-trolling site.  By that I mean they do have space to let, but then bombard you with spam and other rubbish.  There may have been a box you failed to uncheck.

I would recommend doing one thing before locking into an attorney.  Write a very professional AND friendly letter - not an email.  Based on your two posts, you'll do that well enough.  Explain the situation thoroughly.  Leave nothing to scrutiny.  Attach to it the email from the very nice lady showing that nothing was owed.  Make a copy of the originally signed letter for you.  Send the original letter, the email and anything else you might have from them pertaining to this specific matter.  Send it per Einschreiben mit Rückschein.  From your original post, they aren't listening to you.  They're simply looking at mucked up records created from who knows where.  Your letter will provide the necessary details from your perspective, that no contract exists that can be held over you.  Again, unless there was some fine print listed in that online form that you may have missed seeing or reading.

An email address alone is not enough personal data a company would require to lock someone into payment.  I don't believe.  Email addresses change, can be stolen or can be mocked. 

When that letter you send fails to put things straight, then it's time for an attorney.  But I would recommend giving them one chance to correct the matter.

[pappnase 2,571]

Do they have any contact details other than your email address? If not then fuck-em. You don't have to prove there is no contract, rather they have to prove there is one.

 

[Alexinmannheim 22]

Thanks everybody. I am so distressed by this. Especially the woman yelling at me down the phone and almost calling me a bald-faced liar for saying I'd never seen any invoices. I never did! All of your thoughtful advice is making me feel better.

 

I definitely didn't click anything that would lock me into this, as I've been in Germany long enough to know the unpleasant consequences of Ts & Cs. They also don't have my address.

 

But I've been reading up on German law and I think what they may have tried on is sending me details for the keypad. I have read that if you have a verbal agreement to rent something and take possession of the keys, that's it, you have a legally binding contract. Of course, I never agreed to rent the space, but I bet they are going to claim I DID verbally agree, and it's legally binding because they sent me that stupid keypad email. Hence, any advice on lawyers would be good. The other thing I learned about Germany is to get legal insurance!!

[snowingagain 5,189]

There are quite a lot of complaints online about business space businesses.  Just try googling the name of the company plus "Betrug".   Complaints vary from (apparently) imcompetent through to borderline scamming.  Hope this works out okay.