Terrace roofing profile incorrect

  • Erstellt am 2020-07-15 11:27:52

Steven

2020-07-31 08:55:13
  • #1
Hello

I have been trying for 2 weeks now to find an amicable solution with the supplier. He is fooling me.
My proposal to him was that I would have the cover profiles shortened at my own expense and he would cover the invoice for cutting the panes (approx. 450 euros incl. VAT). He refused, told me he currently has no time, I should call again in 3 hours, then did not answer the phone, etc. etc.
On 28.07. I sent him a complaint notice by registered mail with return receipt. He does not accept the registered mail. It is still at the post office.
What should I do? Wait for the 14-day deadline I set him and then solve the problem on my own initiative and at his expense?
I am determined to get the money back, if necessary in court in two years.
How does delivery work? He refuses to accept the registered mail. I cannot force him.

Steven
 

Pinky0301

2020-07-31 09:28:25
  • #2
He does not have to accept the registered letter. Either you drop it in yourself and have witnesses for it or you have it delivered by a bailiff.
 

Tolentino

2020-07-31 09:31:16
  • #3
Courier who is aware of the content of the letter. He also certifies that the acceptance was refused. If the acceptance was unjustifiably refused, it is considered fictitious delivery. Unjustified refusal would be if he does not have to pay anything and the sender is clear.

[Gerichtsvollzieher] would of course be the absolute safest option
 

Musketier

2020-07-31 09:41:30
  • #4
Either by fax with delivery receipt

Alternatively by registered mail with delivery confirmation (The delivery in the mailbox is considered as delivered).
However, courts have also decided that the letter could have been put into the wrong slot or an empty envelope could have been delivered.

If the company is not very far away, then go there with a reliable witness who sees which letter is put into the envelope and then put this envelope into the mailbox. Possibly document the whole process visually.
 

Steven

2020-08-01 14:10:11
  • #5
Hello

thank you for the hints.
I have read into the matter.
Conclusion: Apart from a bailiff, there is no legally secure way to prove delivery.
And bailiffs are very busy. It can take several weeks for them to deliver the letter.
I will send a registered letter with return receipt on Monday, drive to the company myself, put the letter in the mailbox, go into the business and hand over the letter. I will keep my phone running while doing so. Let's see what happens. The most they can do is throw me out. And that won't be so easy.

Steven
 

Tolentino

2020-08-01 15:47:57
  • #6
Good luck! It's a pity that it's necessary.
 

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