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district court Hamburg - no excessive amount for Parship-cancel
Parship: district court Hamburg rules in favour of consumers
Recently, PE Digital GmbH (operator of Parship) semms to like being sued by my at the District Court of Hamburg concerning the calculation of the amount claimed after cancellation. Writings with more than 60 pages are not unusual. Nevertheless, PE has always lost these lawsuits since the judges do not see any claim to excessive rates calculated by the contacts arranged. Some judges do award € 5 for the Parship personality “appraisal”, some calculate the amount according to days of usage, many do not see any compensation at all. Of course all judges know the judgment of the Higher Regional Court Hamburg.
By the summer of 2017, the widespread opinion of the Hamburg judges was that the user had not been sufficiently informed about the immediate execution of the contract by clicking on the check mark. A good result for consumers, but not really the point.
Now I have a notice of the Hamburg District Court (reference number 17a C 22/ 17) of 21 August 2017, which understands the consumer’s problem much better: PE points out the amount in the revocation instruction and also the calculation in the General Terms. Nevertheless, the user is cleverly left in the dark that, in the case of a revocation, PE will generally demand much higher amounts from him than expected.
The judge finds clear words:
The method described and explained by the defendant (Parship, editor's note) to the calculation of the compensation regularly leads to excessive claims of the defendant.
The bottom line is that, according to the judge, Parship is not entitled to any compensation at all.
Get more details on my main site on Parship cancellation. Including a template defend-letter.
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