Maybe someone can give me an answer or have a similar case.
My laptop suddenly stopped working on which some files like Word documents or images were on it. Thus I wanted to save my data at an IT company. So I found a company on the internet and got an offer on it. I drove there a few days later to hand over the laptop. The first question was "are you in a hurry or can it wait a bit?" My answer "no no let me have some time" I regret today. After a long wait and countless calls (I was not called back once) I finally broke the collar. Constantly was a replacement on the phone Mr. H. Just outside the house and you would call me back, I finally canceled the whole thing. Suddenly, Mr. Hauk announces when he got spitz on WhatsApp when I want my laptop… I just told him that I just want my laptop and the data recovery does not want more. 2 weeks soöter I get by mail who would have thought. Laptop + stick with the data and a bill of 270 euro. Simply a bottomless impudence! The whole procedure has been going on for more than half a year and Mr. H. Now introduces me as a liar who wants to get low on your data.
Does anyone know the legal situation here?
Of course I was just as bold as Mr. H. And have sent the complete bill with stick back to him by registered mail:-)
[…] Suddenly
says Mr. Hauk when he got this pointed
about WhatsApp when I want my laptop… On it
I only have it for him
replied that I only want my laptop and
the data recovery does not want […]
Hello dear Alisa. I could have done the same with the data for a cafe. But have just stopped professionals.
I'm not a legal expert and can't really help you with that, but you wrote - that you and Mr. XY texted you via Whatsup.
So you clearly have something in writing - you step back from the order you gave to the data recovery - because it takes you too long and just want the device.
So far so good.
Why do you wait another 2 weeks? I would go straight and pick up my device directly.
So you waited nicely at home to send it to you - even if you went there for the first time.
So the cost of shipping - so you have to pay.
But since you wrote in writing, should you still have the text of the Messanger, a data recovery now no longer have to vote and have stepped back from this one could say that the payment request is void.
However, you can't say that during your entire waiting time because not one would have engaged in employment.
Because certainly it will not be the Lord XY but one of his employees have completed your order.
And restoring the data - in fact, takes a long time, depending on the size of the hard disk.
They're building the plate and scanning sector by sector, and you'll end up with exactly what you remember.
Thus, they have fulfilled your mission - and yes you will probably have to pay.
I pers. Have also lost a lot of hard drives because they have become defective - (nothing lasts forever) and a mechanical defect can also save me as a layman who knows nothing good anymore. Only professional professionals can do that. Depending on the level of contamination, it can be quite expensive.
There are 270 euro still cheap.
If you still see yourself right and think that this company has treated you unfairly
Then choose the way through the consumer center at your place of residence.
Explain what has happened in a consultation there and bring along the Whatsup messages as well. I'm sure that you will be very well advised by their legal knowledge, because even those are professionals.
PS: have added a few keywords, maybe someone else to speak with a better tip.
Thank you first for the detailed and helpful answer. Too bad, I would have liked to come back to the datenrettung + Café:-)
Unfortunately, I have the chat history no more but the tip with the consumer center, I'll definitely go!
The legal situation does not look that good for you. First, I recommend you to read the text before you send it, because you do not always write "Mr. H.", but have also once written "Mr. Hauk". That's mediocre bad.
In addition, you have what is always really bad, apparently NOTHING in writing. No written request for fulfillment, no written resignation.
the actual provable location is as follows: you commission your laptop. You are asked if you can take your time. After xy weeks / months, your laptop will be sent back to you with the fulfilled order. And then you reject the payment almost without reason. That's all you can prove. At the calls or the order cancellation will remember in case of doubt, none of the employees to it.
I would pay in your place and hope that the mention of the name of Mr. Hauk on this platform does not have an aftermath.