Refund upon termination of the service agreement

I entered into an agreement with the company for the provision of services, and an installment plan was also arranged. I no longer need the services, I would like to terminate the contract with the company and terminate the loan agreement, please tell me how long it will take for the company to return the money to the credit institution, if such conditions are not specified in the service agreement, how to correctly draw up an application for termination of the contract, whether it is necessary to indicate details , to which funds must be transferred.

If the contract for the provision of services is terminated, then according to Article 31 of the Law of the Russian Federation of February 7, 1992 N 2300-I “On the Protection of Consumer Rights,” the money must be returned within 10 days. It is written in any form: TO WHOM, WHOM, addresses, then “statement”, state the essence, present the demand, number signature.

Article 31. Time limits for satisfying individual consumer requirements

1. Consumer demands for a reduction in the price for work performed (service provided), for reimbursement of expenses for eliminating deficiencies in the work performed (service provided) on their own or by third parties, as well as for the return of the amount of money paid for the work (service)

and compensation for losses caused in connection with refusal to fulfill the contract, provided for in paragraph 1 of Article 28 and paragraphs 1 and 4 of Article 29 of this Law, are subject to satisfaction within ten days from the date of presentation of the corresponding demand.

You have the right to terminate the contract for the provision of services at any time on the basis of Art. 782 of the Civil Code of the Russian Federation and Art. 32 of the Law of the Russian Federation “On the Protection of Consumer Rights”. The contractor is obliged to return the money, but has the right to retain work already completed. The burden of proof and justification of actual expenses incurred is placed by law on the performer himself.

Specify the refund period and details for the refund.

Refunds for services not received or not fully provided are regulated by several articles of the Law “On Protection of Consumer Rights”: 29, 30, 31 and 32.

The refund period for services not provided when filing a claim is 10 days. If the funds are not returned within this period, you can expect a penalty. Do not forget that the claim must be submitted in two copies, one of which (with the signature and seal of the service provider organization) you keep for yourself.

Claim for refusal of a contract for the provision of services, performance of work, Article 32 of the Law of the Russian Federation

B Name of LLC or individual entrepreneur from the agreement / check

From Last Name First Name Patronymic

Address for sending a response

“___” 201___, agreement No. was concluded between you and me for the provision of services / performance of work on. The cost of services / work is rubles, I paid in full “___” 201__ / I contributed rubles to pay for the cost of work (services). At the moment, I have lost interest in the ordered services/works and wish to cancel the contract with you.

Article 32 of the Law of the Russian Federation “On the Protection of Consumer Rights” provides that the consumer has the right to refuse to fulfill the contract for the performance of work (rendering services) at any time, subject to payment to the contractor for the expenses actually incurred by him related to the fulfillment of obligations under this contract.

On the basis of the above,

I refuse to fulfill contract No. dated ___.___.201__ and ask you to stop providing services/work under this contract from the moment of receipt of this claim;

I ask you to return to me the funds paid under the contract in the amount of rubles no later than 10 days after you receive this claim. My account details for transferring funds:

If a refund of 100% of the deposited amount is not possible, I ask you to provide documents confirming your actual incurrence of expenses related to the fulfillment of obligations under my agreement.

If my demands are ignored, I will be forced to go to court. In the statement of claim, in addition to the above, I will ask the court to recover from your company a penalty for the entire period of delay in fulfilling my demands for the replacement of goods of inadequate quality and for the termination of the sales contract, compensation for moral damage; You will also have to pay a fine in accordance with clause 6 of Article 13 of the Law of the Russian Federation “On the Protection of Consumer Rights” and reimburse me for the costs of a lawyer.

Sincerely, Surname I.O.

You ask: within what period does the company return the money to the credit institution, if such conditions are not specified in the service agreement,

There is no deadline set by law for this purpose.

Since such a period is not established by law, you should, on the basis of Article 32 of the Russian Federation Law on the Protection of Consumer Rights, notify the Customer in writing of your refusal to fulfill the contract. A notice with approximately the following content: I would like to bring to your attention that, on the basis of Article 32 of the Russian Federation Law on the Protection of Consumer Rights I refuse to execute the contract from (indicate the exact name of the contract and the date of its conclusion) From the moment of receipt of this notification, this contract is considered terminated. In this regard, in accordance with Article 31 of the Law of the Russian Federation on the Protection of Consumer Rights, I ask you to transfer funds to the following details within 10 days ( indicate them)

Deposit and advance payment - what is the difference?

When considering the issue of returning the advance to the customer, it is worth distinguishing between the concepts of deposit and advance. According to Part 1 of Art. 380 of the Civil Code of the Russian Federation, the deposit is a monetary security guarantee for the fulfillment of contractual relationships. This means that if the customer fails to fulfill his obligations, the deposit amount will not be returned to him. If the initiator of termination is the executor, the deposit will have to be returned, and as a general rule, the amount of the refunded deposit is doubled. A larger amount of the refundable deposit may be provided for by the provisions of the concluded agreement.

An agreement establishing the amount of the deposit and the procedure for its transfer from one party to the other must be concluded in writing. The legislator sets a restriction on the method of securing the deposit: payment can only be made in monetary terms, i.e., securities and things cannot be transferred to the executor.

The current Civil Code of the Russian Federation does not contain a direct definition of the concept of advance payment; therefore, in practice, a general non-normative definition is used, characterizing it as an advance payment for services provided to the customer by the contractor. As a rule, an advance is issued for the purpose of partially covering by the contractor the costs that he will incur in fulfilling his part of the terms of the contract, and does not have the status of a guarantee obligation.

In accordance with Part 3 of Art. 380 of the Civil Code of the Russian Federation, funds transferred by the customer to the contractor in the absence of a written agreement on the procedure and conditions for transferring money cannot be qualified as a deposit and are therefore recognized as an advance. If for any reason the transaction does not take place (except when the contract expressly states otherwise), the advance payment must be returned to the customer in full.

The lack of a clear legislative distinction between the concepts of deposit and advance is the reason that they are often confused with each other.

Grounds for termination of the contract

Provisions of Art. 450 of the Civil Code of the Russian Federation establishes the following grounds for termination of the contract:

1. Agreement of the parties (Part 1).
2. A court decision made at the initiative of one of the parties:
3. in case of a significant violation by the other party of the terms of the transaction (clause 1, part 2); in this case, a violation that entails significant losses for the party filing a lawsuit is considered significant;
4. in other cases (clause 2, part 2), for example, if the contractor fails to fulfill its obligations in a timely manner or violates the deadlines established by the contract (part 2 of article 715 of the Civil Code of the Russian Federation), failure to perform the work properly and eliminate the shortcomings indicated by the customer (part 3 Article 715 of the Civil Code of the Russian Federation).

Regardless of the basis on which the contract was terminated, the parties must fulfill their obligations, if any. If, at the conclusion of the agreement, one of the parties transferred a certain amount to the other as an advance, the termination of contractual obligations entails the need to transfer the money to their owner.

Depending on the circumstances in a particular situation, the procedure for mutual settlements between the parties may vary. The main criterion that determines the scope of the rights and obligations of the customer and the contractor is the amount of work that the latter managed to complete at the time of termination of the contract.

Refund of advance payment in court

If the parties terminated the contract, but were unable to independently determine the procedure for mutual settlements regarding the advance payment, the dispute will have to be resolved in court. To do this, the customer must perform the following sequence of actions:

1. Draw up a pre-trial claim and submit it to the counterparty. It requires:
2. list the requirements put forward and provide their justification;
3. set reasonable deadlines for their implementation;
4. outline the consequences that the contractor will face if he refuses to return the advance, including the possibility of the customer going to court to demand the collection of unpaid funds.

It is worth preparing 2 copies of the document, one of which should be handed to the contractor, and the second, with the signature of the person who received the claim, kept as evidence of the fact of its transfer to the addressee or his representative.

• If the contractor refuses to fulfill the requirements specified in the complaint or ignores them, go to court. The statement of claim must be sent to the court located at the location of the defendant. The document must clearly state the claims and provide the grounds for satisfying them. The claim should be accompanied by copies of the pre-trial claim sent to the debtor and his refusal to fulfill the stated requirements (if any).

How and to whom to submit a request for a refund?

Just like an application for termination of a contract, a demand for the return of funds can be served in person or by sending it via Russian Post by registered mail with an inventory and return receipt. A postal notification will confirm that the document has been sent if problems arise with payment in the future. If the seller or service provider violated the deadline for returning funds, you can demand a penalty for each day of delay - in pre-trial proceedings (very rarely gives positive results) or in court. You can contact public and state services for the protection of consumer rights. Then you should go to court.

Features of the advance refund procedure

If the parties to the agreement have reached a consensus, all that remains is to complete the transfer of funds and properly formalize the procedure. It is important to take into account that the procedure for returning the advance payment transferred at the conclusion of the contract has the following features:

1. Refunds are made in the same form (cash or non-cash) in which they were received.
2. If there are no provisions in the primary agreement governing the procedure for transferring money, the parties will need to draw up an additional document defining this procedure and timing of the transfer, as well as the exact amount to be paid.
3. In the event that the request for the return of the advance was satisfied in court, the party on whom the court imposed the obligation to pay the money must fulfill its obligations in accordance with the provisions of the court decision. In case of refusal to voluntarily repay the debt, bailiffs are involved in the case and a writ of execution is drawn up, on the basis of which money is forcibly withheld from the debtor.

Refund of money under the contract subject to poor quality of services

If the contractor has provided services under the contract, but they are of low quality or the work is not completed in full, the customer can return his money. In the latter case, the service will be considered not provided. The first action for the return of funds is to study and terminate the agreement due to violation of its terms by the performing party. The contract must be terminated in writing. Verbal statements and promises to return money should not be accepted. After terminating the agreement, write and send a request for a refund.

Agreement on termination of the contract and return of the advance payment

To ensure that after the termination of cooperation as a result of termination of the contract, neither its parties nor the tax authorities have any questions or discrepancies, it is necessary to draw up and sign an agreement defining the procedure for terminating the contract and returning the advance payment.

It requires:

Terms of refund upon termination of the contract

If the provisions of the agreement concluded between the parties determine the procedure and terms for the return of funds received as an advance, then when making mutual settlements, the customer and the contractor must be guided by them. If the contract does not contain such instructions, when determining the deadline for the return of money, it is necessary to comply with the requirements of the current civil legislation.

According to paragraph 2 of Art. 314 of the Civil Code of the Russian Federation, if the deadline for fulfilling an existing obligation has not been established and the agreement does not contain conditions that could allow the parties to independently determine it, the obligation must be fulfilled within 7 days from the date of presentation of the demand for fulfillment.

Features of filing a claim for a refund

If the violator is a more or less large enterprise that values ​​its reputation, then without any questions asked it returns the money to consumers upon the latter’s first request. However, even in such situations, you need to fill out the claim correctly and in two copies (one of the copies of the document must remain with you). The paper must contain the following information:

• Information about the participants in the proceedings;
• Essence of the question;
• Request for payment of funds;
• Links to the concluded agreement;
• Term and method of money return (by card, bank transfer to account, cash);
• Signature, date.

The requirement is drawn up in the name of the head of the enterprise or the full name of the seller/executor. All materials capable of proving the validity of the application should be attached to the document.

Can the advance received be considered unjust enrichment of the customer?

Paragraph text 2 hours 4 tbsp. 453 of the Civil Code of the Russian Federation indicates that the rules on obligations due to unjust enrichment apply to the relations of the parties to an agreement terminated after one of the parties has fulfilled its obligation (or part of it). The only exceptions can be situations in which the agreement concluded by the parties stipulates otherwise.

Thus, depending on the presence or absence of a clause in the agreement on the procedure for returning the advance upon termination of the contract, the funds to be transferred may be qualified differently. The position of the Supreme Arbitration Court of the Russian Federation, set out in Resolution No. 1123/13 dated November 5, 2013, is as follows: if at the stage of concluding an agreement the parties agreed that the contractor would return the advance amount received by him upon termination of the contract, this amount cannot be qualified as unjust enrichment - in In this case, the money is transferred to its owner on the basis of an existing agreement. A court decision on the return of funds received as a result of unjust enrichment can be made only if the parties did not agree on the return of the advance at the conclusion of the contract.

So, the advance payment transferred by the customer to the contractor at the stage of concluding the contract is subject to return only if the latter does not incur any expenses associated with the implementation of activities aimed at fulfilling his obligations. If he has already spent the funds received (purchased materials, purchased tools, paid for transportation and other targeted expenses), the amount to be returned is reduced by the amount of expenses incurred by him. If the amount of his expenses exceeded the amount of the advance, he has the right not only not to return the funds received, but also to demand from the customer a full reimbursement of the costs incurred. As a rule, such issues have to be resolved in court, so the contractor should collect evidence confirming the fact of the intended use of funds.

Is it possible to return an advance payment transferred under an agreement through the court?

Quite often, conflict situations are associated with the return of an advance payment transferred to a service provider (not actually provided). The contractor insists that he warned - if the customer refuses, the money will not be given back. The latter cites in his favor the articles of the law on “Protection of Consumer Rights”, according to which he can return the finances in full, minus the expenses incurred by the contractor.

If you act as a consumer, file a claim in court at the location of the performer. In the statement of claim, indicate the details of the parties, your demands and the grounds for presenting them, information about negotiations and correspondence with the defendant and their results, evidence of your innocence. If possible, attach materials indicating that your rights have been violated. For example, money transfer receipts, screenshots of correspondence with the performing party, originals and copies of documents.

Procedure in case of termination of the contract and the need to return the advance:

1. Drawing up a request for the return of funds. Determine the amount that the defendant must return to you, provide references confirming the legality of the demand, and establish a reasonable period for its execution. Briefly and in a business style, without unnecessary emotions, write about the consequences of ignoring or refusing to return the money. This could be, for example, your appeal to court or to the tax service (tax authorities have little relation to the return of finances, but mentioning them can work, especially if the service provider is a private owner who works without official documents and does not pay taxes).
2. Filing a pre-trial demand to return money. Send by Russian Post or bring to the defendant in person in two copies, on one of which the latter must put a stamp and/or signature. Be sure to keep your copy of the document.
3. Appeal to the court at the location of the performer.

If the defendant agrees to comply with your demands without litigation, all you have to do is get the money “correctly.” Nuances of the advance refund procedure: the “starting” payment must be transferred in the same form (cash or transfer to a card) in which you sent it. If the primary agreement does not contain conditions defining the advance repayment scheme, the parties to the agreement must draw up an additional agreement indicating the exact amount of payment to the customer, the timing and method of its transfer.

If the advance payment is returned on the basis of a court order, the defendant is obliged to transfer the money, guided by the terms of the court decision. If the executor refuses to return your finances even after the trial, you will need to resort to the help of the Bailiff Service and draw up a writ of execution. Money will be collected from the violator forcibly.

Refund upon termination of the purchase and sale agreement

As provided for in Article 18 of the Federal Law “On the Protection of Consumer Rights”, if a consumer identifies various types of defects in the purchased product (not specified by the seller), he can exercise the right to refuse to execute a previously concluded purchase and sale transaction and put forward a demand for return of funds paid to them for the goods. For its part, the seller has the right to put forward a demand to the buyer for the return of goods with identified defects.

In addition to the requirement to return the money upon termination of the purchase and sale agreement, the buyer also has the right to claim full compensation for the losses he incurred in connection with the purchase of goods of inadequate quality.

Refund period upon termination of the purchase and sale agreement

As mentioned above, the regulations of the law on the protection of consumer rights establish that upon termination of a purchase and sale transaction, the consumer is fully compensated for losses incurred due to this circumstance. Those financial resources that were transferred by the consumer for the goods are included in the said losses. Therefore, if the consumer has made a demand for the return of the money he paid for the goods, then it must be unconditionally satisfied within the period established by the provisions of Article 22 of the law on the protection of consumer rights for the return of funds upon termination of the purchase and sale agreement, which is equal to ten days calculated from the moment , a similar demand was made.

Some features

As mentioned above, the legislation establishes that termination of a contract can be carried out in two ways: by agreement of the parties, or by request from one of the parties, but in court proceedings.

The first option is an action directly aimed at terminating the rights and obligations arising from the contract, i.e. bilateral transaction. In this regard, this procedure is carried out according to the general rule provided for concluding an agreement. Accordingly, the agreement sets out conditions agreed upon between the parties, such as the procedure in accordance with which the sale and purchase agreement is terminated and the terms for the return of money.

As for the second option, as provided for by the provisions fixed in Article 452 of the Civil Code, the requirement to terminate the contract can be submitted for consideration to the judicial authority only after the procedure for pre-trial settlement of the dispute has been carried out.

The latter provides that one of the parties is obliged to send the opposite party an offer to terminate the transaction. This proposal must indicate the reason for termination, and also specifically specify the period for the return of amounts paid, if the period for the return of money upon termination of the purchase and sale agreement provided for by the regulations of the law on the protection of consumer rights cannot be observed for one reason or another.

Only after the second party either refuses the proposal or does not provide a response within thirty days from the date of receipt of the latter, the interested party may appeal to the judicial authority. In this case, the period for the return of money upon termination of the purchase and sale agreement will be established by the court after a comprehensive consideration of the case and taking into account all necessary circumstances.

Sep 10, 2019adminlawsexp

vote

Article rating

How to return money under an unfulfilled service agreement?

If you decide to use any services and, in accordance with the requirements of the contractor, paid for them in advance, but later decided to refuse cooperation, carefully study the contract. The agreement may contain a clause stating that “if the document is terminated without violation of the terms of the contract by the contractor and at the initiative of the customer, no refund of the deposited funds will be made.”

What should you do in such a situation? First of all, seek help from a competent lawyer. The specialist will review all documents and determine the prospects of the case, the possibilities of pre-trial and trial proceedings. In these cases, most often it is necessary to draw up a written application for the return of money and send it to the contractor. The document must refer to Art. 32 of the Law “On Protection of Consumer Rights”. We remind you that it says that the customer can refuse to cooperate with the service provider, compensating him for all actual costs associated with fulfilling the obligations under the agreement. If the application is refused or ignored (equivalent to a refusal to return funds), it will be possible to try to return the money only in court.