Attention trap!
Press release of the Chamber of Industry and Commerce
Time and again, tradespeople, newly founded companies - but also even public authorities, such as the municipality of Rüdersdorf near Berlin - receive letters in the form of forms referring to an entry in the commercial register, trade register, telephone book and Internet or even participation in a trade fair, etc. The letters are often sent by post.
The most common scams used by fraudsters are:
- address book scam / form scam
- invoice scam
- advertising scam (Cologne scam)
but also
- Laws that must be posted
- Warning letters
- Rip-off portals
- Miscellaneous, telemedia
Around 90 different scammers have already come to light. The estimated potential damage is around 700 million euros.
Constantly changing companies, registered offices and managing directors - throughout the EU. This makes prosecution difficult.
The following counterfeit forms are currently available, for example:
- Requests for payment from the competent registration court (Frankfurt/O. District Court)
- Industry & Commercial Register
- Register Portal
- Trade Information Centre
- GES Trade Register
- Online Business Entry
- Trade Publications
- Regional Business Directory
Companies are particularly frequently affected shortly after being entered in the commercial register (e.g. registration of a GmbH), but also the data collection of sole proprietorships. Traders are led to believe that an entry will be made in an official register. However, this is not necessary at all, but merely represents an offer subject to a fee. Newly registered sole traders are also led to believe that this is effective advertising.
The senders use official and well-known names such as "XYZ-Wirtschaftsinformationsdienst", "Zentrale Datenbanken" or "Branchentelefonbuch", currently even seemingly official letters from the district court of Frankfurt/Oder, often based on existing and reputable companies.
The very latest scam:
Apparently official letters from the competent registration court, the Local Court of Frankfurt/Oder or the Industrial and Commercial Register, are sent as requests for payment, together with an enclosed SEPA bank transfer/payment slip.
For example, forms from the business information centre only seem to confirm an existing data entry in an official register or a supposedly free or at least promotional database. You should just quickly check the data and complete it if necessary. Only in the small print is there a note that several hundred euros (!!!) will be charged if the form is returned. This is often overlooked. The professional structure of the letter is intended to achieve exactly that.
Once the signature has been placed under this "contract", compliance with it is insisted upon. Unfortunately, you can't get out of it that quickly. In addition, the scam machinery is so well organised and the threatening-looking reminders have already been tried and tested many times. (Commissioning of debt collection companies, letters from authorised lawyers, etc...) Some people prefer to pay in order to have peace of mind.
However, reclaiming money once it has been paid regularly fails because the address book and form fraudsters are based abroad or lack liquidity.
Already signed?
Anyone who has been the victim of "form fraud" and has accepted a misleading offer with their signature can declare their cancellation. In addition to the declaration of avoidance, the cancellation of the contractual relationship should be declared as a precautionary measure. Such a rescission with precautionary cancellation should always be sent in writing, by registered letter as proof and also by fax or e-mail.
Do not pay
Once you have signed, the first "invoice" will soon arrive. If you have unintentionally accepted a misleading offer of the type described above, you should inform yourself, declare your dispute and refrain from paying the invoices of dubious providers until further notice.
The chambers of industry and commerce can help with free sample formulations. However, it is of course also possible to instruct a lawyer to represent your interests. Despite the successful contestation, there is a residual risk of an action for payment. However, before an action for payment is brought, reminders are sent or lawyers and debt collection agencies are called in. If you receive letters from a debt collection agency, you should also object to these letters.
Short deadline
If you receive a reminder from the court, you must take action and lodge an objection within two weeks. This is because the order for payment is issued by the court without review. If you have any questions, please contact your Chamber of Industry and Commerce or a lawyer.
The brazen business practices described often fulfil the criminal offence of fraud within the meaning of Section 263 of the German Criminal Code. Therefore, aggrieved entrepreneurs should contact the competent police authority and file a criminal complaint. This is the only way to effectively combat dubious providers.
Already paid
If the "wrong invoice" has already been paid, you can try to stop the transfer via your own bank. It also makes sense to inform the recipient's bank. If the payment can no longer be cancelled, the only remaining option is to recover the amount paid by means of legal proceedings.
What does the Chamber of Industry and Commerce do against rogue companies?
The Chambers of Industry and Commerce work together with the German Association for the Protection against Economic Crime (DSW, www.dsw-schutzverband.de) and the Association of German Chambers of Industry and Commerce (DIHK). Complaints submitted are forwarded to the DSW, which takes legal action and, if necessary, files criminal charges.
Tip:
IHK member companies can send form letters and fictitious invoices to the Chamber. The Chamber will then check the letters and inform you of the next steps.
Contact person:
Chamber of Industry and Commerce
Legal and Tax Department
Puschkinstraße 12 b
15236 Frankfurt/Oder
Tel.: 0335 5621-1422
Fax: 0335 5621-44-1422
E-Mail:
kluetzke(at)ihk-ostbrandenburg.de
For further information, please contact the IHK Ostbrandenburg:
http://www.ihk-ostbrandenburg.de/html/1297-Adressbuchschwindel
On this page you will also find an information sheet from the police crime prevention department with a sample declaration of avoidance.