Reader question: What should I check if, after a telephone call, I receive a contract confirmation for electricity or a cancellation from my previous supplier?
After an unexpected telephone call you receive a contract confirmation from a new electricity supplier. Shortly afterwards your previous supplier confirms the cancellation. You actually only wanted information. Now it is not enough to be merely annoyed about the marketing call. The alleged contract and the possible change to your actual supply must be clarified separately.
This article concerns German household customers outside the basic supply. Section 41b paragraph 1 EnWG requires text form for such energy supply contracts. A merely oral conversation is therefore not equivalent to a fully checked conclusion of contract. [EnWG41b]
Secure all declarations actually made
Note the reason and date of the conversation factually. Then collect any messages received, attachments, replies you sent and, where applicable, confirmations you ticked. What was actually declared? A mere recollection “I didn’t sign anything” does not answer this question fully.
Text form according to § 126b BGB is a legible declaration with a named declarant on a durable medium. [BGB126b] Therefore, for example, an electronic declaration made by you can be legally relevant. In clarifying the matter, do not assert either that every confirmation from the company alone proves your conclusion, or that without a handwritten signature a contract can never exist.
Respond concretely to the new company
The Federal Network Agency recommends, in the case of unwanted contract confirmations, to object to the contract and any payment request and supply, and to expressly state that no conclusion in text form took place. It also mentions precautionary revocation and termination of any contract as additional steps to clarify the situation. [BNetzUngewollt]
Have these declarations checked to suit your actual circumstances and any possible deadlines. The article does not automatically determine a right of withdrawal in every conceivable constellation. A follow-up question about price details should also not be unintentionally worded as a now desired confirmation of the contract.
Contact the old contractual side at the same time
The new supplier might have terminated the previous contract. A corresponding power of attorney is a separate question alongside the new supply contract. The regulatory information advises informing the previous supplier of the unwanted switch and a missing authorisation and expressly requesting resumption of supply. [BNetzUngewollt]
Therefore do not merely forward the old cancellation confirmation to the new supplier. Also clarify with the previous party which declaration was received there and what contractual status is now recorded. A resumption of supply is not assumed to have occurred automatically just because you dispute the other contract.
Fictitious case with two open outcomes
A resident did not give any text form declaration after a call. Nevertheless she receives a new contract confirmation and an old cancellation confirmation. She contests the alleged conclusion with the documents available. At the same time she has the lack of a switching authorisation and the desired continuation of the contract clarified with the previous supplier.
With the network operator she asks which company is currently supplying the consumption point. The Federal Network Agency also describes this route for unclear supply. [BNetzUngewollt] The still functioning socket alone does not yet show her which supplier is assigned.
Collect results rather than just ticket numbers
Keep three short result fields: new contract contested or clarified, old contract confirmed or still open, actual supply determined. Retain replies with the date. That way no important change between two service processes is lost.
If a specific objection remains unresolved, a consumer complaint under § 111a EnWG with verifiable receipt can be prepared. [EnWG111a] A report of unwanted advertising is a different procedure. It does not by itself replace timely handling of your contracts, invoices and supply.