Energy provider paid refund to wrong person, now late payment interest?

Hello everyone,

The energy provider mistakenly sent a letter to my old address informing me of a €1,000 refund, and the new resident simply sent the energy provider his account number.

I reported the change of address a year ago.

After 54 emails, I was able to make telephone contact 4 weeks ago and was assured that the error was their fault.

I then gave them a two-week deadline for the money to be in my account. Four months later, I still haven't received any money.

Can I charge additional interest here? And if so, how much?

Thank you for reading this long text

(1 votes)
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kevin1905
1 year ago

Can I additionally ask for interest?

Of course.

And if so, what height?

5% on the basis from the date of departure.

xPxHxIxLx
1 year ago

In addition, I would reimburse criminal complaint against the recipient of the letter for fraud and data abuse.

On the other hand:

If the debtor is a consumer (= private customer), default interest rates of 5% above the basic interest rate are allowed. With respect to business customers, authorities and other debtors who are not consumers, default interest rates of 9% above the base rate are allowed.

kevin1905
1 year ago
Reply to  xPxHxIxLx

With respect to business customers, authorities and other debtors who are not consumers, default interest rates of 9% above the base rate are allowed.

Not quite. This applies only if consumers are not at all involved in the legal business, ergo B2B.

See § 288 para. 2 BGB:

2) In the case of legal transactions in which a consumer is not involved, the interest rate for payment claims shall be nine percentage points above the Basic interest rate.

okieh56
1 year ago

You need to show your post-renter, because that’s clearly fraud. When it comes to a period in which you paid the bills, of course you must also get the refund.

Interest is probably not yours.

Weizenkleie
1 year ago

Yeah, you can.

Do you have a current account, what’s in the minus?

Then you can charge the interest.

DerHans
1 year ago

Have you ever figured out how high these “reference rates” are, FALLS they are actually entitled?