Kündigung - Deutschland verlassen

[Jg1984]

Hello,
Apologies for writing in English but I have an important query and my German is not strong enough. I left Germany on 1.10.2018 and was sure to cancel my Vodafone DSL and Telefon contract via Kündigung before the end of June, giving more than 3 months notice in doing so. As i still have taxes to sort out as well as unclaimed betriebskosten that I am entitled to, i kept my German bank account open, and recently noticed a block on a sum of over 300€ in my account from Vodafone who are claiming that I have unpaid bills. I have tried to contact the company (in German) to tell them that I gave the legal amount of notice needed when moving abroad and as thus should not have been receiving any more bills but nobody cares to get back to me. I sent the kündigung both by post and by email and have evidence that they received it. So why is this happening to me? How can I reverse this block before the money is unjustly claimed from my account? I would appreciate any assistance in this matter. Thank you

[reneromann]

Just as a short information about the legal situation: Even if you inform your contractual partner about the move more than 3 months in advance, you are required by law to pay for additional 3 months from the day you move. So if you moved on Oct 1st 2018 and sent your cancellation notice before that date, you would be required by law to pay the base fees for October, November and December accordingly.

In any way: You'd be required to provide official written proof of your movement, e.g. the so called "Abmeldebescheinigung" (deregistration letter) issued by local authorities shortly after moving in order that the cancellation can be processed accordingly.

Next thing: You would've been required to return all rental devices within 14 days after your move. If you did not do so, it's most probably that a huge part of the outstanding sum is for these devices that have not been sent back.

[Jg1984]

Which specific law are you referring to? I sent my abmeldung as soon as I got it and my router back at the end of the 3 month notice period. The only piece of legislation I can find on the matter is the German Telecommunications Act, which clearly states I can cancel such a contract with three months notice if the service provider is not able to provide the service at my new address. As I am moving back to my parents house in an overseas country where a pre-established contract with another service provider already exists, the service cannot be provided there and thus I should be allowed to cancel my contract with 3 months prior notice

[reneromann]

It is exactly the telecommunications law that I was referring to. The law itself only mentions the 3 months but does not exactly state when they start. Some already filed and closed lawsuits for that resulted all in the already stated way that the 3 months start the earliest with the day the move takes place.

[Jg1984]

So 2 weeks ago Vodafone emailed me to say they will let me off the amount owed as a gesture of goodwill and contact the collections agency to say they are withdrawing their claim. Fast forward to today and I notice the collections agency has taken the amount from my account anyway. Do I contact Vodafone or the agency (infoscore) to rectify this? I can’t say I am surprised this has happened, but would like to resolve it as soon as possible.

[reneromann]

The problem is: If InfoScore is already part of the game, you have to clarify it with InfoScore.

And with that huge amout, I think it's really any rental devices that you haven't returned in time - did you do that?

If that was a DSL contract, e.g. Internet via Phone line, then a missed return period of the rental devices automatically generates an invoice for them and you have to pay for them. A later return of the devices together with a cash back of that invoice is NOT possible. And it would've been your obilgation to return the devices in time at your own expense and on your own risk - so it is now up to you to provide proof that the devices were sent back in time and arrived at the Vodafone logistics Partner Arvato in time (e.g. delivery slip of the packages). Otherwise you'll have to pay for the devices (also if they are damaged or lost in mail service).

So there might be two open points that may have triggered the whole process:

a) Unpaid monthly bills from the day you left Germany (at least the 3 months according to the law - if your cancellation was in time and you provided proof in time)

b) Non-returned rental devices (like the EasyBox / FritzBox and TV Center)

[Jg1984]

This is what I recieved from Vodafone:

”Das Inkassobüro weiß, dass wir unsere Forderungen zurückgezogen haben. Der Inkassorückzug dauert ein paar Tage. Sie können das Schreiben zu diesen Kosten als gegenstandslos “

Why should I then have to clarify anything with infoscore when Vodafone have specifically said that they would inform them not to take the money? Now that a mistake has been made and they clearly haven’t informed them, someone from your company should make an effort to rectify the problem by contacting infoscore, explaining that this money was taken in error, and organize for me to be refunded. Yet when I contact Customer Service, noone is willing to assist me with what should be a pretty simple thing to rectify. 

The amount has nothing to do with anything else, as I explained earlier the router was returned immediately via registered post, and no mention has been made that it wasn’t received.