If it is the same contracting party – so not separate subsidiaries – then I would also apply set-off in insolvency.
So, I just checked the documents, and I couldn’t find anything about subsidiaries. The company headquarters, including the managing director, VAT ID number, and tax number are the same. The bank details are also the same.
Now the question remains whether I should have the last direct debit reversed or not.
What is the worst-case scenario for me there? Can I do this citing the reason of non-performance in January by BEV, or will I get into trouble?
For gas, we will probably face a hefty back payment claim, since we sourced from them for 2 months but only made one advance payment and are also in the middle of the heating season.
Calculatively, we will probably have to pay between €150 and €200.
For electricity, we should get about €40 back.
Not yet included here are the bonuses via Check24:
- Gas €150
- Electricity €225
Both should actually be paid out in the next few days (beginning of February).
Can I also offset these against a payment claim so that I don’t have to make any back payments at least?
Pretty stupid situation. :|
I purposely always chose sufficiently high advance payments so that I would normally receive a refund because, frankly, I didn’t expect something like this to happen.
I won’t make that mistake again.
In the future, the advance payment will be chosen as low as possible. Then I’ll stash the extra money in the account and live with a hefty back payment.