Electricity providers are now boldly throwing millions of customers out of old contracts. The companies can no longer supply the consumers affected with electricity because the prices on the trading market are exploding. CHIP.de says how you have to react to it now.
Electricity provider Stromio shocked its approximately two million customers just before Christmas. The discounter unexpectedly ceased operations, unceremoniously threw out all consumers and terminated their electricity contracts.
“Due to the historically unique price development in the electricity market, we are, to our express regret, forced to terminate all electricity supply contracts”, Stromio apologized boldly.
Not an isolated case. There are now over 35 providers in Germany who have allowed electricity contracts to expire because the price of electricity on the procurement markets has risen by 400 percent. Electricity providers hardly make any money under these conditions. You react by being expelled.
Because there is no improvement in sight on the world market, experts and consumer advocates are certain: The tip of the iceberg is far from being reached. In the next few weeks and months there could possibly soon not be a single low-cost provider on the German market.
Millions of households will then have to dig deeper into their pockets for electricity.
What happens if the electricity provider terminates the contract?
If an electricity provider goes bankrupt or can no longer supply customers with electricity, the replacement supply takes over. The basic supplier in your region will take care of this. In most cases it is the local network operator – that is, the municipal utilities in your region.
Affected customers will continue to receive electricity from the time of termination, but on completely different terms. The basic fee and labor price are then more expensive. This tariff is usually called “replacement tariff” or “replacement customer tariff”.
Terminated contract? You have to do this now
Tell your old provider that you consider the termination and the suspension of deliveries to be “not permitted”.
To be on the safe side, you should cancel the direct debit mandate. To do this, contact your bank or deactivate the mandate in online banking. In extreme cases, you will continue to transfer money to the provider without him actually supplying you with electricity. If the electricity provider even files for bankruptcy, the demand for repayment flows into the bankruptcy measures. Your refund will then be made sometime over the next three years, if at all.
It is also important to photograph the current electricity meter reading with your smartphone. Also make a note of when you read it (date and time).
Contact your basic provider now. What tariff do you get? In most cases, you slip into the basic service tariff. This is more expensive than, for example, the classic or special tariff. According to the Federation of German Consumer Organizations, you will stay in this replacement customer tariff for three months. So why wait Ask the employee to include you in the special or classic tariff. Clarify notice periods and price guarantees over the phone.
Have you noted the new contract data (consumption, labor price and basic fee)? Then take a look at your old contract now. Is the termination (expulsion from the contract) lawful? “Ordinary termination” and “extraordinary termination” should be mentioned in the contract.
In the case of ordinary termination, a deadline must be observed. If the provider refers to an “extraordinary termination” in his letter, then you should know: “The important reason must be so significant that the terminating party can continue the contract until the agreed end or until the end of the notice period cannot be expected, “writes the Federation of German Consumer Organizations. The price development on the global electricity market is not one of them.
Therefore, request compensation and a timely final invoice from the old provider.
Set a deadline of two weeks. If this deadline is not met, send a claim again by post (registered mail) and e-mail. If this is also ignored for over a month, ask an arbitration board for advice. The service is free. For example, the Arbitration Board Energie eV (phone 030 2757 2400) can help.
What must be in the claim for damages?
For example, write: “You unilaterally terminated the energy contract with me on December 12th, 2021. Based on the reasons you give, no special right of termination can be derived. After all, it is your entrepreneurial risk, under which conditions you buy your energy. An essential one Reason according to §314 German Civil Code (BGB) does not apply in this case. Before this right I assert my right to compensation. “
How to calculate the compensation claim
Use the contract data of your old provider and the data of the basic supplier. Now list your consumption. If the working price was 30 cents per kWh (old provider) and you are now supposed to pay 48 cents per kWh from the basic supplier, that makes an extra charge of 18 cents per kWh.
Make a note of when the “ordinary termination” would have occurred according to the contract data. Daily, weekly and monthly counters that are available online can help. You can find good programs here.
For example, if there are three months to the ordinary termination, then the following invoice applies: You have agreed to 2000 kilowatt hours per year. For the remaining three months, for example, this corresponds to 500 kilowatt hours. So you would have to pay a monthly surcharge of 90 euros – through no fault of your own. To this, add the price difference in the basic fee (old contract vs. basic supply).
Consumption, labor price and basic fee result in your claim for damages.
I haven’t received any mail yet! What should I do?
Are you concerned? Then don’t wait at all.
Many electricity providers have so far hardly or only contacted a few customers by post or e-mail. Many customers only found out about the electricity being thrown out through media coverage or via the official website.
However, the following applies: The providers throw out all customers – no ifs or buts. “Due to the holidays at the end of the year and the current pandemic situation, you will receive a letter addressed to you personally, despite our best efforts for technical reasons, possibly only after the end of the electricity supply and after notification from the responsible replacement supplier. We apologize for this”, writes for example discounter Stromio.