If acceptance is refused in the letter of termination

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A termination is easy to explain. In order to be effective, the letter of termination must also be sent to the recipient. You are required to provide evidence for this. But if the recipient refuses to accept it, good advice is expensive.

the termination of a contract is a so-called declaration of intent that requires receipt. It only has legal effect if you make your letter of termination available to the addressee and recipient. In addition, it is said in legal language that your declaration must come into the sphere of influence of the addressee in such a way that he is able to take note of it.

How to prove receipt of your letter of resignation

  • If you send the declaration by post, access usually takes place when you drop your letter in the addressee's mailbox. The problem, however, is that you have to prove to the addressee that your letter has been received. If the addressee denies receipt or is refused, you have a problem.
  • The easiest and safest way to prove access is to hand in your letter of termination personally to the addressee and to yourself Confirm receipt of your letter of termination on a copy of the letter from the addressee stating the place, date and signature permit.
  • If you terminate your employment relationship or the tenancy or the contract with the gym, it should not be a problem to deliver your letter of resignation in person.
  • You could also put your declaration of termination in the addressee's mailbox in the presence of a witness. This would then later have to testify or affirm the objection.
  • Registered mail with acknowledgment of receipt: acceptance refused - what now?

    Sometimes it is necessary to send certain documents by registered mail with acknowledgment of receipt to ...

  • It becomes difficult when the addressee resides so far away that you cannot easily reach him personally and are dependent on the post. First, find out in the contractual conditions how a declaration of termination must be made. E-mail, letter, telephone call or registered letter can be considered.
  • It is best if you use at least two ways of explaining, i.e. sending your letter of termination by e-mail and sending it by post at the same time. Always save your email for verification purposes.
  • A phone call is actually forbidden because it cannot be proven in retrospect.
  • Contrary to popular belief, a registered letter with acknowledgment of receipt is not recommended, as the addressee can refuse receipt and thus effectively thwart access.

When registered, the acceptance cannot be refused

  • A simple registered mail is better because the postman documents the drop in the mailbox and you can track your letter online using an identification number.
  • In your letter of resignation, ask for confirmation of receipt of your resignation. If there is no response, follow up within two weeks at the latest.
  • In order not to be tight in time, you should not wait until the last day of the notice period. Cancel early. If you then actually have access problems or if acceptance is refused, you can always cancel again within the notice period. If the problems recur, this indicates even more that the other side is adopting a corresponding strategy.
  • If you have decided on a new electricity supplier or a new telephone connection, you usually have the advantage of that the new contractual partner will take over the termination of your previous contract and will deal with the previous provider grapples. In this case, you are released from responsibility, but you have to rely on the reliable operation of the new provider. If this works sloppily, this is at your expense.
  • If your contractual partner vehemently denies receipt of your letter of termination and you have to assume that he is doing this for strategic reasons, and mostly still If the correspondence is delayed or can hardly be reached by telephone, a criminal complaint on suspicion of the suppression of documents and fraud may well be considered come. You can do this by contacting your local police station.
  • Send a copy of your advertisement to your contractual partner or inform him beforehand or afterwards about your procedure. The consumer advice center can also be considered as a contact, provided that you receive a meeting appointment as soon as possible.
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