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wrongly calculated compensation at Parship-cancellation

Parship/Elitepartner: How to avoid paying compensation

License: CC BY-SA 3.0 <br>Template: 636Buster <br>edited: RA <br>Thomas Meier-Bading License: CC BY-SA 3.0
Template: 636Buster
edited: RA
Thomas Meier-Bading

[Update 2018/1/28]: Nothing has changed after the decision of the German Federal Court of Justice (BGH): the compensation is being calculated incorrectly by PE Digital GmbH.

Although Parship/Elitepartner always lose against my clients in court, they still calculate the cancellation fee incorrectly. Apparently it is more worthwhile for them on the mass to lose all the lawsuits despite of the whole lawyer and court costs they have to reimburse to my clients. The operating company of both portals, the Hamburg-based PE Digital GmbH, has had to reimburse more than 35,000 € to my clients so far (January 2018).

However, getting rid of collection letters or having the money paid back by Parship or Elitepartner, is possible and reliable but only if you sue the company. Consumers regularly win these lawsuits and are also reimbursed all their fess they or their legal expenses insurance had to advance - pre-court lawyers fees (€83.54) and court costs (€105).
However, many people seem to be scared by the way through the court, even if it is safe. You don’t have literally to go to court and with the help of a lawyer, it’s really easy.
See below how it works exactly. Please feel free to ask me which documents are needed. I have solved over 200 such cases and never a client had to pay compensation calculated by contacts. You can reach me by email at helpline@meier-bading.de or phone +49 30 34060478
People from other EU countries auch as the UK can also sue them in Hamburg, you do not have to come to court in Hamburg.

PE wants compensation calculated by mediated contacts

In case of revocations of online-contracts the consumer may have to pay a compensation to the entrepreneur for the services already received by that time. The online portals Parship and Elitepartner were very - let’s say - creative in terms of the calculation method. PE Digital does not say what you would think, for example: “You booked 12 months for 365 €, after 10 days you cancelled, so 10 € please” - no! They say for example: “We’ve promised you 7 contacts, of which you’ve already had 6, so we’d like 75% as compensation.” Depending on the package, this will cost you 50 to 3-400 € compensation. Of course, they’re not entitled to get it. However, they still assert it so that people will refrain from the revocation and continue the contract. The thousands of members must be coming from something.

Judgments of the Hamburg District Court against Parship/Elitepartner

At the district court of Hamburg I have obtained judgements against Parship and Elitepartner in a lot of cases. All the above-mentioned judgments were delivered after the OLG judgement, which was often quoted by Parship/Elitepartner, none of the clients had to pay compensation calculated by mediated contacts. Newest first, only enforceable titles are considered: 107 judgments, 55 of which are judgments by default:

16 C 82/ 17 of 23.01.18 16 C 84/ 17 of 23.01.18 16 C 83/ 17 of 22.01.18 16 C 85/ 17 of 22.01.18 32 C 331/ 17 of 22.01.18 17a C 375/ 17 of 16.01.18 22a C 155/ 17 of 15.01.18 22a C 98/ 17 of 15.01.18 13 C 121/ 17 of 12.01.18 22a C 274/ 17 of 10.01.18 31a C 294/ 17 of 09.01.18 31a C 296/ 17 of 09.01.18 31a C 298/ 17 of 09.01.18 31a C 299/ 17 of 09.01.18 16 C 81/ 17 of 04.01.18 31a C 138/ 17 of 04.01.18 31a C 139/ 17 of 02.01.18 43b C 231/ 17 of 29.12.17 43b C 268/ 17 of 29.12.17 6 C 284/ 17 of 29.12.17 25b C 411/ 17 of 28.12.17 42 C 121/ 17 of 28.12.17 22a C 110/ 17 of 21.12.17 22a C 111/ 17 of 21.12.17 22a C 276/ 17 of 20.12.17 32 C 239/ 17 of 20.12.17 26 C 352/ 17 of 19.12.17 4 C 374/ 17 of 13.12.17 4 C 415/ 17 of 13.12.17 6 C 313/ 17 of 11.12.17 20a C 178/ 17 of 08.12.17 46 C 406/ 17 of 08.12.17 17a C 374/ 17 of 07.12.17 20a C 372/ 17 of 07.12.17 20a C 374/ 17 of 06.12.17 46 C 410/ 17 of 05.12.17 46 C 408/ 17 of 04.12.17 4 C 216/ 17 of 01.12.17 4 C 375/ 17 of 01.12.17 4 C 376/ 17 of 01.12.17 41 C 57/ 17 of 01.12.17 41 C 58/ 17 of 01.12.17 41 C 59/ 17 of 01.12.17 21 C 83/ 17 of 29.11.17 4 C 259/ 17 of 29.11.17 4 C 260/ 17 of 29.11.17 4 C 261/ 17 of 29.11.17 46 C 407/ 17 of 29.11.17 12 C 117/ 17 of 27.11.17 4 C 109/ 17 of 27.11.17 6 C 312/ 17 of 24.11.17 6 C 315/ 17 of 24.11.17 4 C 293/ 17 of 23.11.17 35a C 136/ 17 of 22.11.17 4 C 291/ 17 of 22.11.17 4 C 292/ 17 of 22.11.17 17a C 378/ 17 of 21.11.17 46 C 191/ 17 of 20.11.17 17a C 376/ 17 of 14.11.17 33a C 280/ 17 of 14.11.17 33a C 282/ 17 of 13.11.17 46 C 216/ 17 of 13.11.17 17a C 377/ 17 of 09.11.17 33a C 281/ 17 of 08.11.17 6 C 314/ 17 of 08.11.17 6 C 283/ 17 of 07.11.17 26 C 309/ 17 of 06.11.17 25b C 258/ 17 of 02.11.17 21 C 82/ 17 of 01.11.17 23a C 387/ 17 of 01.11.17 26 C 311/ 17 of 01.11.17 31a C 197/ 17 of 01.11.17 6 C 288/ 17 of 01.11.17 31a C 297/ 17 of 30.10.17 26 C 192/ 17 of 26.10.17 31a C 195/ 17 of 26.10.17 40b C 116/ 17 of 20.10.17 20a C 212/ 17 of 19.10.17 25b C 259/ 17 of 17.10.17 6 C 189/ 17 of 17.10.17 6 C 223/ 17 of 17.10.17 18b C 166/ 17 of 09.10.17 23a C 218/ 17 of 09.10.17 6 C 191/ 17 of 09.10.17 23a C 224/ 17 of 04.10.17 22a C 153/ 17 of 02.10.17 25b C 119/ 17 of 29.09.17 26 C 211/ 17 of 28.09.17 22a C 154/ 17 of 27.09.17 22a C 95/ 17 of 27.09.17 22a C 97/ 17 of 27.09.17 39a C 74/ 17 of 26.09.17 9 C 46/ 17 of 26.09.17 25a C 375/ 17 of 22.09.17 23a C 350/ 17 of 11.09.17 17a C 220/ 17 of 06.09.17 17a C 221/ 17 of 05.09.17 17a C 222/ 17 of 05.09.17 42 C 163/ 17 of 25.08.17 23a C 217/ 17 of 18.08.17 48 C 214/ 17 of 17.08.17 12 C 116/ 17 of 08.08.17 6 C 67/ 17 of 21.07.17 49 C 140/ 17 of 06.07.17 20a C 141/ 17 of 30.06.17 13 C 39/ 17 of 02.06.17 20a C 88/ 17 of 08.05.17

Judgements in favour of parship/litepartner

If you read through the answers of PE Digital without having studied law (maybe also with, who knows), you might think that the legal situation is clearly in favour of Parship/Elitepartner. That’s nonsense, of course. The legal situation as to compensation claims (or waivers) is clearly in favour of the consumer. PE Digital has an own substantial interest in people believing that they have no chance: PE wants to retain as many members as possible and tries to make them get back from their revocation. In contrast, what interest would I or the consumer centres have in a distorted presentation? A few euros and negative evaluations on the internet if it backfires? The advertising budget of PE is much bigger than mine.

Of course, they’re very clever. As an example let’s take a recent objection from an email sent by Parship at the end of January 2018 to a revoking consumer:

**translated quote Parship:** There are default-judgments on this subject, but the BGH has not yet taken a closer look at this matter. Only at the end of last year it [the German Federal Surpreme Court BGH, Ed.] express its opinion on our behalf in a resolution[...] since there are no indications for the Federal Supreme Court that the calculation of value replacement has to be purely pro rata temporis. (BGH, decision of 30.11.2017, Az. I ZR 47/ 17)

The truth is: there are indeed hundreds of “default-judgements on this subject”, but against PE Digital GmbH. The BGH actually expressed its opinion at the end of last year (2017) in a resolution in favour of PE Digital, but it did not in any way approve that the calculation was OK when calculated by arranged contacts. Rather, the decision was about something completely different, the decision of the BGH has no influence on the processes of consumers who want their money back from Parship/Elitepartner.

Also see my video on Parship/Elitepartner (in GERMAN, as of Januar 2017):

Parship Elitepartner compensation

**ATTENTION!** Parship extends the contracts automatically if you do not opt-out 12 weeks before expiration! See my special page on automatic renewal of Parship-contracts Nevertheless, cancellig the contract immediately after conclusion protects against such problems.

what can you do

What to do?

If Parship unwarrantedly claims money from you or refuses the reimbursement you should first set them a deadline (see model letter delay parship) and reclaim the amount or demand the renunciation of the rest. Do not forget the first monthly rate which may already be debited at this time. Parship will then refuse to pay or to waive their claim. They get thus into delay. This step is important for getting your lawyer’s fees refunded later.
Then you hire us. We’ll give them one more extrajudicial chance and then sue them in Hamburg. The lawsuits mentioned here usually proceed without problems. No need for you to come to Hamburg. Parship also reliably reimburses the lawyer’s and court’s fees.

Please contact the free helpline free helpline or helpline@meier-bading.de for further information.

 

What you should not do

If you do not need it urgently or if you have legal expenses insurance: do not reverse the direct debit. You risk Parship sueing you in your country. Under no circumstances should you rebook money from your bank account PayPal had charged. Do not call Parship on the phone! Always calculate a specific end date for deadlines (not “in 14 days” but e.g.: “until December 31st”)

 

Template Parship delay

Please adopt the brackets and XXX. Send this to PE Digital by e-mail and demand a receipt. Calculate the real compensation here:

plan in months
price in Euro
days until cancellation*
*The day of the contract does not count. In case of cancellation the same day: 0, then erase the sentence.
compensation:YY,YY
If they’ve not sent a receipt within 2 days, send a registered letter. Copy txt directly to you email- pls. adopt.

Date [today]
user code: XXXXX

Dear Sir or Madam,

on 20XX-XX-XX I withdrawed my contract concluded 
20XX-XX-XX with the user code XXXXXX. The 
compensation is indeed only YY,YY €.

[if YOU want money from Parship:]

Please reimburse the amounts of XX € [and XXX €]
paid by me.

I expect the fulfillment of my claims on or before 
the date of 20XX-XX-XX. If the total balance has 
not been paid to me by the specified date, I will 
contact a lawyer.

[OR if Parship wants money from YOU:]

Please waive all your claims.

I expect the fulfillment of my claims on or before 
the date of 20XX-XX-XX. If I do not get a positive 
response by the specified date, I will contact a lawyer.

Best regards


[name]
[address]

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