BEV insolvency

  • Erstellt am 2019-01-31 15:06:48

Nordlys

2019-07-05 14:31:58
  • #1
Don't drive yourself crazy and don't be so stingy. What are we talking about? A visit to Hansapark? A pair of new shoes? What can you really take away from it in the end? That's life. K.
 

matte

2019-07-05 15:53:13
  • #2


Well, it has nothing to do with being stingy. I knowingly signed 2 contracts involving about 500-600€ in total. If I included the bonuses for both contracts (150/225€ as well as the 15%), I would even get money back. So, besides the 330€ I transferred today, I will also have to pay around 100€ for the electricity contract.

Of course, I pay for something I have used, of course the 500€ will not ruin me, and of course I won’t be frustrated forever because of it. Still, it’s a matter of principle for me. You should stick to contracts and I always have. But here, somehow, I’m being treated unfairly. On one hand, I have debts, on the other hand, a credit balance. Mind you, both with the same business partner. Nobody can logically explain to me why I am not allowed to offset both, and now please don’t come to me with insolvency law... ;)

Anyway. Now just waiting for the bitter pill in the form of the electricity bill and then I too will be able to draw a line under it.
 

11ant

2019-07-05 16:04:55
  • #3
Insolvency in such case scenarios is practically another word for a failed calculation, or the "secret" behind miraculously attractive prices in the gas, water, and electricity provider sector :-(


But yes, exactly "insolvency law instead of logic" is the reason: the failure to offset is only illogical if the euro of debt and the euro of credit have the same value. However, this would only apply in the – unfortunately, to put it mildly, atypical – case of a 100% satisfaction rate. Only then would the "exchange rate" between debts and credits be 1:1.

Your insolvency law misconception is: it is not the same business partner. Rather, you have the credit balance with the insolvent company, while the debts are with its estate, i.e., the entirety of its creditors.
 

Musketier

2019-07-05 16:24:55
  • #4


As long as both claims are due, a 1:1 netting off is possible. It doesn't require a 100% satisfaction rate.
Only the bonus claim was not yet due, and therefore the mass claim from the energy supply cannot be netted off against the bonus.
 

matte

2019-07-05 16:30:41
  • #5


That is exactly the crucial point, who determines whether the bonus would already be due or not? Does only the fact apply here that it is paid out approximately 60 days (what exactly now) after the start of delivery, or does the contract conclusion already count as a fulfilled condition? I can't help it that the 60 days were not reached, it was already promised to me at the start of the contract, provided I fulfill my part of the contract ;)
 

Musketier

2019-07-05 16:42:02
  • #6
Presumably, somewhere in the terms and conditions it states 60 days after the start of delivery. According to that, presumably not due yet.

OT
I find this new customer bonus model and this constant switching of energy providers completely disgusting. If things go badly, you initially pay 20-25% too much and, if you're lucky, get it back as a bonus.
But if you don't want to be the stupid existing customer who finances all these new customer bonuses, you have to go along with this crap. So console yourself with the fact that you are not the stupid existing customer.
 

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