Debt chasers for 1&1 debt

TimboJones

@bikegremlin said:

@TimboJones said:
We've argued this same argument the last time 1&1 pulled this shit. @bikegremlin makes a point you enter into a contract, so be a man and honour that contract (if I ever handshaked a deal, I'd feel the same). The counter point is that contracts are often illegal and unenforceable and this case appears that way because they are charging for a service they didn't nor could provide, and there's jurisdictions where that is outright fraud.

So no sympathy for 1&1 for being dicks.

I lease an apartment. With monthly rent payments (pay on the 1st for the current month).
I explain in words an put it in writing: "cancellation is 30 days in advance."
This gives me time to find a new tenant.

In practice, 15 days in advance, over the phone, or whichever way is fine. I can put the apartment on the list and find a tenant.

However, if one cancels on the say 31st, I have practically no time to rent the apartment for the following month.

In that case, I keep the next month's rent from the deposit, even though the tenant has canceled and I haven't provided the service.

Similar policies are in Italy and Germany as far as I know. You definitely can't just stop paying, move to another apartment and expect to not have to pay after that period - it gets taken out of your deposit. Even though they "didn't provide the service to you".

I think that's both fair and reasonable. Especially if you are notified and agree to those terms prior to taking the service.

That's not the same. You were "out" the revenue from that month and because it was so late, you were unable to rent it out and make your money from someone else. And when you do charge someone that month, they are entitled to the use for that month.

This is typical in any professional service. My dentist, doctor, physiotherapist, etc all do this as standard practice. 24 hours cancellation notice required. These businesses usually have waitlist and can fill the time given the 24 hours.

And these services typically waive the first no show fee and only charge if customer continually ignores or doesn't have decent excuse. The cancellation fee isn't to cover the entire revenue, just cover costs. Physio was $65/hr and no show fee was $40, for example. My doctors office has a sign saying $50.

But again, 1&1 is not out any revenue or services when you cancel, transfer or just don't renew. That's a big difference.

bikegremlin

Whichever way you look at it, the bottom line is:
you sign a contract with clearly defined cancellation terms. Then you breach them and think it's fine - because you don't think the contract is (was) fair.