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Old 16.04.2015, 19:05
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Is Consumer rights helpful here ?

Dear All

I had a problem with coop mobile contract, can anyone help me ?

The story went like this,
I took coop mobile contract on Jul 03 2013 for 2 years with 24.90 CHF per month subscription, till July 2015.
Unfortunately my tenure completed at end of Nov 2014, so I left switzerland. I spoke with Coop mobile team after so many trials, they replied that 'we cannot cancel the contract, you have to pay bills till end of July 2015, otherwise cancellation charges of 500 CHF have to pay by you' I agreed and committed for the same.

But they are sending bills to my Switzerland address, no one is there to receive the same. So all bills were sent back to Coop. It happened till March 2015. In Between I sent a mail to one of the Customer care agent to change the subscription from 24.90 CHF to 14.90 CHF plan and also asked him to change Paper Bill to Email so that I can pay bills in time. He changed the subscription but not the paper bill to email bill. Now they sent email with details that 'we are cancelling your contract due to outstanding bills with cancellation charges of 500 CHF' and also she added in 75 CHF for outstanding pay bills in last month invoice.

Now they assigned the task to a third party / collection agency debt to collect from the same.

Actually, its their mistake, even I sent mail to change bill mode, they didn't change. I had proofs and mail conversations. Even I sent it to them for reference, they are simply saying sorry and asking me to pay bills to the agency.

Can anyone help me ? Is there a way to go with consumer rights with emails?

Please advice.

Thank you inadvance.
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  #2  
Old 16.04.2015, 19:11
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Re: Is Consumer rights helpful here ?

Unfortunately, most things need to be cancelled by registered letter here. Do you actually send them one with a copy of the de-registering document you got from the commune/gemeinde stating exactly when you wanted the contract cancelled? Didn't you give them a new mailing address or arrange to have your Swiss post forwarded to your new one?
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Old 16.04.2015, 19:27
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Re: Is Consumer rights helpful here ?

Hi Medea

Thank you for reply

I had sent De-Registration letter once I got it from Gemeinde, and asking them to cancel the contract by 2nd Dec 2014, sent this first mail in september'14.

As they said cancellation is not possible, before leaving Switzerland sent multiple mails( to coopathome@coop.ch and infoatcoop@coop.ch) that my current address is no more valid and Dont send any bills to this address. I didnt get any response. But they continued and never approached me in mail, without any prior notice directly they are charging penalty and cancellation...etc.

I didn't give any alternative address and couldn't make swisspost redirection as I was not aware when I was in Swiss.

But after I came to my home country, one guy gave his mail id to change the subscription if I want, I mail him several times to change subscription from 29.90 CHF to 14.90 and bill method to mail. But he didn't change it
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Old 16.04.2015, 19:33
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Re: Is Consumer rights helpful here ?

Presumably your bill was the same every month you could have easily paid it with the same account number or a direct debit?

Regardless, If they don't know where you live then why are you worried about the debt collection agency?
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Old 16.04.2015, 19:42
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Re: Is Consumer rights helpful here ?

I agree

But I enjoyed the stay in Switzerland and I am not intended to escape the bills to pay at the same time, don't want to pay the cancellation and penalty charges.
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Old 16.04.2015, 19:53
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Re: Is Consumer rights helpful here ?

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I agree

But I enjoyed the stay in Switzerland and I am not intended to escape the bills to pay at the same time, don't want to pay the cancellation and penalty charges.
Without being to sanctimonious you probably should have paid your bills then?
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Old 16.04.2015, 20:31
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Re: Is Consumer rights helpful here ?

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Hi Medea

Thank you for reply

I had sent De-Registration letter once I got it from Gemeinde, and asking them to cancel the contract by 2nd Dec 2014, sent this first mail in september'14.

As they said cancellation is not possible, before leaving Switzerland sent multiple mails( to coopathome@coop.ch and infoatcoop@coop.ch) that my current address is no more valid and Dont send any bills to this address. I didnt get any response. But they continued and never approached me in mail, without any prior notice directly they are charging penalty and cancellation...etc.

I didn't give any alternative address and couldn't make swisspost redirection as I was not aware when I was in Swiss.

But after I came to my home country, one guy gave his mail id to change the subscription if I want, I mail him several times to change subscription from 29.90 CHF to 14.90 and bill method to mail. But he didn't change it
Well, those e-mail addresses are nothing to do with Coop Mobile, you need to use what you can find here:

http://www.coopmobile.ch/en/support/contact-us/

From their FAQ page it says bills are only sent out by post, no mention of being able to pay them online so that's likely to be out. I suggest you ring them and see what they say or write to them at the address given. No e-mail for them by the looks of it.

There's a thread here re debt:

The complete guide to bills and what happens if you don't pay them.

If you don't sort out payment you'll have a debt notice against your name which will follow you around for the rest of your life. If you ever return to Switzerland you could be refused entry until you pay up iirc and could even be refused entry for life - this may also include the whole of the Schengen Area.
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Old 16.04.2015, 21:56
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Re: Is Consumer rights helpful here ?

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If you don't sort out payment you'll have a debt notice against your name which will follow you around for the rest of your life. If you ever return to Switzerland you could be refused entry until you pay up iirc and could even be refused entry for life - this may also include the whole of the Schengen Area.

I'm not sure how true this all is. Have you got any links that aren't stories on EF to confirm this?

Remember debts are a civil matter.
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Old 16.04.2015, 22:29
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Re: Is Consumer rights helpful here ?

If they consider it as a criminal offence then yes, it's possible.

"What are the reasons to be banned from future entry to the Schengen Member States

The main reasons for bans are infractions to the Schengen visa codex or the national aliens laws and

regulations, e.g.

overstay of the indicated time period or days of stay permitted in the visa

breach of the main destination rule as explained above

criminal offences committed within one of the Schengen member states"

http://www.riad.diplo.de/contentblob...egulations.pdf

Would a debt matter ever turn from civil to criminal - for example if Coop Mobile decided he'd done it deliberately to avoid paying?
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Old 16.04.2015, 22:43
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Re: Is Consumer rights helpful here ?

I think you're thinking of things in a round about way here. Being in debt isn't a crime. This isn't Dubai where there are debtors prisons. Unless there is some sort of fraud it won't be criminal and to have a conviction would require a court date.
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Old 16.04.2015, 22:56
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Re: Is Consumer rights helpful here ?

Quote:
I spoke with Coop mobile team after so many trials, they replied that 'we cannot cancel the contract, you have to pay bills till end of July 2015, otherwise cancellation charges of 500 CHF have to pay by you' I agreed and committed for the same.
Unfortunately, you are out of luck, OP. Not only did you sign a legally binding contract but you verbally committed to either pay out the full contract or pay the cancellation charges.

The official means of communication that counts in Switzerland is registered letter - not email. No consumer protection agency is going to side with you, especially as you committed to do one of the two above but you've done neither (yet).

Did you read the language in your contract? Odds are it tells you exactly when and how to cancel, what the penalty will be, how to make sure they can reach you, etc. If you signed it without understanding it, you're not alone...but not understanding German is not a valid excuse for not following what you signed.

Now that you're in this situation I'd recommend the following:
1. Send a registered letter immediately to cancel (so it's on your terms not theirs).
2. Ensure it includes complete, correct contact information wherever you're living now and
3. Figure out how much you own minus the collection fees and pay that promptly directly to Coop. Probably the 500 early cancellation fee plus the monthly fees that are still owed.
4. Chalk it up to an expensive learning experience.

I'm not trying to be harsh, just realistic. Folks, please read your contracts or have someone that can read them help you!

Last edited by 3Wishes; 16.04.2015 at 23:54. Reason: fixed typo
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Old 17.04.2015, 02:52
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Re: Is Consumer rights helpful here ?

Why dont you simply pay the monthly charges ?

7 months at 30chf = 210 chf. Better than the 500 cancel fee no?
And then don't renew....
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Old 17.04.2015, 10:49
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Re: Is Consumer rights helpful here ?

If you never send a change of address LETTER (perferably registred) to:

CoopMobile
Rue du Caudray 4
CH-1020 Renens

Then they never received a change of address.

I can not find any e-mail address for CoopMobile:
http://www.coopmobile.ch/en/support/contact-us/

Sorry, to say that, but it is your fault only, or as we say "selber schuld".
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Old 17.04.2015, 11:29
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Re: Is Consumer rights helpful here ?

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Can anyone help me ? Is there a way to go with consumer rights with emails?
Yes, printed email can be used if your case goes to a Betreibungsamt.

I had a similar case with Sunrise. They were trying to charge me late and cancellation fees for what I felt was due to their neglect. I refused to pay it. They sent it to a collection agency, and I still refused. They submitted a case with the Betreibungsamt, and I still refused proving that I had paid my part of contract according to our agreement, providing printed email evidence. They eventually dropped the issue. It would have been more expensive for them to pursue than what they might have gained.
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Old 23.04.2015, 11:17
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Re: Is Consumer rights helpful here ?

Hi All

Does anybody has any idea, how to approach 'consumer court' to file a case against them in Switzerland.

They are simply saying sorry, that they overlooked the mail and asking me to pay through debt agency

Thanks.
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Old 26.04.2015, 12:21
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Re: Is Consumer rights helpful here ?

Whatever you do, do NOT pay thru any agency, or any other kind of 3rd party. Coop is your contract partner, and the Coop account is where your money is due, therefor that is where you want to send the money exclusively. Exactly the same account you used to pay your monthly 24.90 to, unless of course Coop provided new payment instructions EXPLICITYLY saying they CHANGED from this to that.

Maybe that's being paranoid, but by using any 3rd party you may implicitly be accepting their services, and thus become liable to pay for whatever they want to charge for their efforts. What's more, they may deduct what they consider theirs from what you pay, and only transfer the remainder forward. There's no need at all to take that risk.

The collecting agencys' costs are not yours to pay, it's the law: SchKG article 27. (SchKG is pronounced "ScheKaGe", using german pronounciation rules).

As for what you owe:
Your ordinary dues from the old contract is, it seems, 8x24.90 (perhaps 9x24.90). I use "old contract" because you probably entered into a new one by requesting a change to 14.90, which presumably comes with a new earliest-cancellation date of its own.

Sorry to say so, but the whole mess appears to be your fault only, you could easily have paid a lump sum for the remaining 8 or whatever months when you left and cancelled at the same time. Offer to pay the 8x24.90 (or 9x, whichever you are actually due on your old contract) within one week (or whatever time frame is doable for you), and be done with it. As for the 500CHF fine - try to avoid that, considering your monthly due this kind of fee may well be considered usurious. Remember to mention that you could simply not pay, and no, you're not going to pay for any kind of collecting costs (see above, be sure to mention law name and paragraph number), so even without the fine they may end up with more cash in hand than what may be left once the collecting agency has been paid.

Whatever the sum you agree upon, make sure it says "per saldo aller Ansprüche bis und mit Vertragsende" (net of all claims up to and including termination of the contract) in the confirmation mail. And also make sure the recipient will receive what he's owed, as there will be additional costs for the international transfer so your payment will actually be somewhat higher.

Edit:
Your contracts are probably auto-extending unless explicitly cancelled. Unless you reach an agreement soon (within a week or two, which seems highly unlikely) you want to make sure to explicitly cancel your contract "auf den nächsten vertraglichen Kündigungstermin".
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