Consumers repeatedly wondering how to count the date by which you want to make a declaration of termination in the event of non-acceptance of the changes made “independently” by the operator. It turns out that this can be a key problem.
This could be changes to the high prices, changes in the package of conditions in the rules, consisting for example. To extend the period of notice, etc.. Lot of people who report to the Consumer Federation is convinced that if they could send a letter before term, it is – as in the case of correspondence with the authorities and the courts – is the date on the postmark.
Unfortunately, nothing could be more wrong – informs the Federation. The application is no art. 61 of the Civil Code, which provides that a declaration of intent, which is to be submitted to another person, is composed of the moment, when it came to her so that she could become familiar with its contents.
“Scripture has influence in accordance with Art. 61 KC to the operator. For example, if the operator has sent today a letter to me stating that the rules changed on 1 November. The period shall be calculated so that the letter of notice to the operator received before November 1. The operator can also select the letter that the regulations come into force on November 1, but the deadline utterances are therefore Oct. 25, one month from the time when I receive the letter. Then, to October 25 operator should affect our notice. “- Agnieszka Popławska the Consumer Federation.
That is why it is important to adhere to these terms. Otherwise, our agreement with the operator will continue, but with its negative consequences for the client, if the telephone company has concluded in his letter.
As we read in the newsletter Consumer Federation of nowhere legal regulations concerning the form or the method of delivery to the consumer information about these changes. For this reason, operators such information send by regular mail without proof of postage or delivery.
At the stage of judicial proceedings can require the operator to prove that the information about the changes we actually provided, which will be difficult, if did not do it by registered mail. We have recourse to art. 6 of the Civil Code, which states that – in this case – the operator has the burden of proving that provided us with information at a given time, and therefore there is a claim against a consumer.
No comments:
Post a Comment