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Old 25.01.2012, 13:32
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Re: paying for NOT signing a contract?

i think this should be made a sticky............
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  #42  
Old 25.01.2012, 13:32
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Re: paying for NOT signing a contract?

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Which just goes to show, just because it is "standard practice" doesn't necessarily mean it is legally binding, or even legal at all.
Good job.

(Always nice to hear Foncia getting their arses handed to them)
i've successfully kicked a few big corporation @r$€$ in my time.
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  #43  
Old 25.01.2012, 13:41
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Re: paying for NOT signing a contract?

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for anyone who finds themselves in the same position as me, here are the relevant articles in swiss law:

Art.19,Art. 160 and Art.256 Abs. 2 OR;ART.8 UWG

again, the link to the deciding court judgement:

http://www.mietrecht.ch/db/entscheide_show.php?id=362

I'm no lawyer or anything, but in my opinion, the above link points to a case where no verbal agreement has been given, the prospective renter received the contract without being informed or giving them the OK to send the contract. So good on you for standing up to them, but I do not really believe that you had anything to fight with - they just couldn't be bothered with the hassle...

Last edited by herc82; 25.01.2012 at 13:53.
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  #44  
Old 25.01.2012, 14:03
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Re: paying for NOT signing a contract?

I'm the guy who opened the thread linked to in the first reply, who was fortunate enough to receive a similar letter.
After sending a letter back to that landlord stating what he tried was illegal and that I refused to pay up (I included a copy of what's written about it on the Mieterverband web site), I never heard back from him. Please note however that I've never signed a contract. I just gave him a verbal yes after he called to tell me I could get the apartment.
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  #45  
Old 26.01.2012, 01:12
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Re: paying for NOT signing a contract?

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excellent! unfortunatley there are many on this forum that will just roll over and say things need to be paid "because it says thats what i have to do"

good to see a change of direction
my direction has always been straight ahead. i've been f@cked over plenty in my swiss incarnation and unfortunately there are always gonna be people who simply accept and pay without question.

nils carborundum etc.

celebration drinks are offered to anyone who cares to be in the area when i'm partying.

some of the members who replied negatively are quite definately NOT invited unless they bring a boattle of single malt ( scotch,irish,, swiss or whatever) and leave immediately after parking their contribution on the bar............
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  #46  
Old 26.01.2012, 01:18
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Re: paying for NOT signing a contract?

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I'm no lawyer or anything, but in my opinion, the above link points to a case where no verbal agreement has been given, the prospective renter received the contract without being informed or giving them the OK to send the contract. So good on you for standing up to them, but I do not really believe that you had anything to fight with - they just couldn't be bothered with the hassle...
you obviously continue to live in dreamland where anyone who sends you a bill must automatically be paid without question.

do you seriously believe that a huge corporation is going to simply write off any income because they " can't be bothered" with the aggro?

if you pm me your name and address i'll send you a few bills which you're welcome to pay instead of stopping to consider what they are actually about.

i signed an APPLICATION FORM for a contract , i knew that the paragraph about paying 250 if i didn't sign the contract was without any legal significance whatsoever but i didn't have the letter of the law filed. thanks to helpful infos from here i had access to the legal jargon a few hours quicker than i would have had through other sources and have resolved my personal case in record time.

i don't doubt that this particular company and many others of their ilk will continue to attempt the same fraudulent practices with probably great success since there are so many gullible scaredy cats just begging to be relieved of their hard earned cash.

Last edited by ayemibbe; 26.01.2012 at 01:30.
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