Title: Formal Complaint – Unauthorized Contract Change / Request for Clarification and Proof of Consent
Dear Sir or Madam,
I am submitting a formal complaint regarding a change to my telecommunications contract or tariff that I did not request or authorize.
On [date], two people came to my apartment and stated that they were carrying out work in the building and checking the routers and internet connections.
During this visit, they already had my customer details and were able to provide information about my existing contract. During the conversation, I was asked for my IBAN. I explicitly refused to provide my bank details.
I was then told that I would receive an email.
After receiving this email, I discovered that my existing contract or tariff had been changed to a paid upgrade with a higher monthly price.
I would like to make the following absolutely clear:
I did not request this upgrade.
I did not consent to this upgrade.
I did not sign a new contract.
I did not provide consent to change my existing contract in text form.
I did not consent to an increase in my monthly costs.
I therefore expressly dispute that any contract change or upgrade authorized by me took place.
I consider this matter extremely serious and have reasonable grounds to suspect that an unauthorized contract change was made.
I request that this matter be investigated fully and without delay.
Please provide me with the following:
The complete contract allegedly concluded or amended by me.
The corresponding contract summary pursuant to Section 54 TKG.
Proof of my consent or authorization for this contract or upgrade.
All documents created in connection with the visit of the persons concerned to my home.
The name or clear identification of the employees or sales representatives concerned.
The date and time of the visit and the documentation of the incident in your system.
An explanation of the specific basis on which the upgrade was initiated in my customer account.
Under Section 54(3) TKG, the consumer must be provided with a contract summary before making a contractual declaration. If, due to objectively technical reasons, the contract summary is provided only after the conclusion of the contract, the contract only becomes effective once the consumer has approved it in text form after receiving the contract summary.
I neither requested nor approved such an upgrade.
If you consider this to be a unilateral amendment of my existing contract, I refer to Section 57 TKG, which regulates the requirements and information obligations applicable to contract amendments and the rights of the end user.
I therefore request that you inform me which specific legal and contractual basis you rely on for the change made to my contract.
Until this matter has been fully clarified, I dispute the validity of the relevant upgrade.
I request that you:
Reverse the unauthorized upgrade.
Restore my previous tariff and contractual conditions.
Refrain from charging me any additional costs resulting from this unauthorized upgrade, or fully credit any additional costs already charged.
Provide me in writing with the evidence and documentation requested above.
I am attaching the email I received and the corresponding documents to this complaint.
Please provide written confirmation that this complaint has been received, together with a complete written response regarding this matter.
If the matter cannot be resolved satisfactorily, I reserve the right to refer it to the Bundesnetzagentur and to consider further legal action.
I request a written response within a reasonable period.
