Sample statement of claim for termination of an agreement for the provision of legal services and recovery of funds (under the Law on the Protection of Consumer Rights) - Lawyer in Samara and Moscow

It is almost impossible to live in modern society without using the services of any specialists. Every day every person has to face the inevitability of ordering them. Sometimes there are times when services need to be refused for some reason. And also cases when the performer refused to perform them, or the quality of his work does not correspond to what was declared. In such situations, the customer has a completely fair question: how to return the amount paid? To get your money back legally, you need to know some of the features of this procedure and be able to use them.

What does the law say about this?

When the contractor takes responsibility for providing any service, the timing of its implementation and quality are necessarily discussed. In this case, the customer is obliged to pay for the service in a manner agreed upon with the contractor. Both parties in this case are responsible if their actions are violated.

Relations during the provision of services are regulated by the legislation of the Russian Federation. The Law “On Protection of Consumer Rights”, in articles 30 and 32, describes this in detail. It is necessary to take into account that there are different reasons for returning funds for services. For example, in the case when the contractor took an advance payment, but did not provide the service or provided it incompletely. This is a violation of consumer rights, so the customer has every right to demand a refund.

The procedure will be considered completed legally if, even before the transfer of funds, an agreement on the provision of the service was signed. It usually describes in detail all the conditions for its provision: deadlines, cost, actions in non-standard situations, etc. A written agreement is required in all cases where the customer for any reason has not fulfilled his obligations. After all, its presence in the event of a conflict situation confirms violations of consumer rights.

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Claim procedure under a service agreement between legal entities: nuances and features

Nowadays, interaction between legal organizations is based on market relations, which involve purchase and sale, exchange, investment, and provision of services. The specifics of the relationship depend on the direction in which organizations operate. This could be the sale or purchase of any products, the provision of services (health, cleaning, tourism, transport). They are, on the one hand, attracting profit, on the other hand, providing people with what they need for life. To protect the rights of both parties, a service agreement is concluded, which outlines their rights and obligations, the subject of the agreement, force majeure circumstances, and the procedure for resolving a dispute in case of improper performance of the terms of the agreement.

It should be noted that the parties to the agreement do not always fulfill their obligations outlined in the service agreement. During such situations, conflicts and disputes may arise that cannot be resolved by concerted action. To resolve the conflict pre-trial, the parties may file a claim.

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A claim can be filed in the following cases:

improper performance by one of the parties of its obligations;
non-payment of funds under the concluded agreement;
delivery of low-quality goods or services.

If the parties have the opportunity to reach an agreement out of court, then filing a claim is the best option, as it provides a chance to discuss all problems, improve relationships and continue working together.

Procedure for returning funds

All money paid can be demanded back if the contractor, for his part, has not completed fulfilling the obligations specified in the agreement or has refused to fulfill them altogether. What needs to be done for this?

First, you need to carefully study all the terms of the agreement. This is simply necessary to know what rights you can use in a given situation and how to act wisely. This agreement must then be terminated. It is important to remember that this procedure is very important and will not have legal force orally. Therefore, it is necessary to terminate all agreements in writing. Otherwise, it will not be possible to return material expenses. Termination of the contract is formalized in the form of a statement of claim.

Filing a claim for a refund for a service not provided

Often, in cases where the guilty party is a large organization, valuing its reputation, it agrees with the customer’s verbal claims. This does not happen in all dispute situations, and not all contractors are ready to return the money, so the customer needs to correctly follow the step-by-step procedure. The procedure itself must begin by filing a claim in writing.

It is important to have two copies of this document, in which you need to indicate some information:

personal data of both parties;
description of a specific situation;
reference to the contractual agreement drawn up between them.
deadlines within which funds must be returned;
request for compensation.
date of compilation and signature with transcript.

The claim is written to the director of the company. All documents confirming the legality of the compensation claim are attached to the completed claim.

How to file a claim under a service agreement: main points of the document

Russian legislation does not provide for a single form of claim under a service agreement, that is, the document is drawn up in writing in free form. However, it is worth considering that a claim under a service agreement is most often the subject of litigation, so when drawing it up, it is necessary to follow the procedure that already exists in practice. So, what should a pre-trial claim under a service agreement include:

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Includes complete information about all parties to the agreement (last name, first name, patronymic, place of residence if it is an individual, or location of the organization if it is a legal entity). In the title itself it is necessary to indicate the name of the document “Claim” and the number of the agreement that is the dispute.

This section of the pre-trial claim must contain all the circumstances of the conclusion of the contract, in particular:

Waiting for response information and refund

If the deadlines for compensation for unprovided services are not met by the contractor, according to the law, you can count on the accrual of a penalty to the required amount. You must submit an application, which is usually reviewed within 10 days. It must be taken into account that the amount of payment directly depends on the specific circumstances due to which the services were not performed. If it is proven that the contractor is at fault, the customer has the right to a full refund of his money. But there are cases when services were not provided due to the fault of the customer. In such a situation, the contractor has the right to demand compensation for losses incurred by the organization.

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Going to court

Situations are different, and the problematic ones cannot always be resolved peacefully. What to do when the guilty party ignores the claim?

And how, in this case, can you get back the money spent on services that were never provided? You can, of course, initiate legal proceedings. According to Russian law, the customer has the right to file a claim in court in order to demand the return of his money. This is done at the place of residence. In this document you must indicate the reasons for your demands and confirmation of the guilt of the contractor. It is also necessary to attach a document confirming that the contractor does not respond to the claim or has refused it. In addition, you can specify the amount of moral compensation, which does not depend in any way on the amount of payment for the service.

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Claim for refund of money for unprovided service

The applicant has the right to file a claim if he initially tried to resolve the conflict situation peacefully. That is, it can only be submitted if the customer’s written claim has been officially rejected by the consumer. A copy of this claim must be attached to the statement of claim. The claim document must be drawn up strictly in the sequence stated in the requirements, namely:

name of the court;
information about the conflicting parties;
description of the conflict;
evidence base;
claims made by the plaintiff;
list of applications.

The statement may refer to legislative acts violated by the contractor.

Arbitrage practice

Typically, the judicial process to resolve such cases never ends in one day. This will take at least several months. And after the verdict is passed, it may drag on for two more. Since the losing party in court can write an application to appeal the decision. Payment of compensation by the losing party usually occurs within 10 days after the court's decision. The applicant must have sufficient evidence to prove his innocence before resorting to trial. After all, the executor has all the rights to file a counterclaim, which will also, not unreasonably, necessarily prolong the litigation.

Each person, when paying for a service, expects its timely and high-quality performance. The customer can always, in case of violation of the agreement, demand the return of all funds spent on this service. To do this, you must fill out a claim statement addressed to the head of the company executing the order. If the contractor refuses to pay compensation, then the customer has every right to contact the consumer rights protection department or file a claim in court. For the court, it is necessary to have documentary evidence of the contractor’s guilt so that the court takes the customer’s side. It is best in such situations to first turn to experts.

What are the deadlines for filing a claim for consumer protection?

Depending on the grounds and essence of the requirements, the deadlines for submitting them vary.

1. Deadlines for filing claims regarding defects in goods

The deadline for submitting established claims regarding defects in a product (for example, to eliminate defects, to replace a product or to return the money paid for it) depends on the type of product, whether it has a service life, warranty period or expiration date, as well as whether the detected defects in the product are significant.

1.1. Deadlines for filing claims for defects in goods for which a warranty period or expiration date has been established

The warranty period for the goods is calculated from the day the goods are transferred to the consumer, unless otherwise provided by the contract. If the day of delivery cannot be determined, this period is calculated from the date of manufacture of the goods.

For seasonal goods (shoes, clothing, etc.), the warranty period is calculated from the onset of the corresponding season, the onset of which is determined by the constituent entities of the Russian Federation based on the climatic conditions of the location of consumers. When selling goods by samples, by mail, and also if the moment of concluding the sales contract and the moment of transfer of the goods to the consumer do not coincide, the specified period is calculated from the day of delivery of the goods to the consumer.

Similar rules apply to calculating the service life of a product.

1.2. Deadlines for filing claims for defects in components and components of goods with a warranty period

Sometimes, in addition to the warranty period for the main product, an independent warranty period is also established for components and components of the product. If it is less than for the main product, the consumer has the right to make claims for defects in the component product and component of the product if they are discovered during the warranty period for the main product (unless otherwise provided by the contract).

1.3. Deadline for filing claims for defects in goods for which a warranty period or expiration date is not established

1.4. Deadline for submitting a claim if significant defects in the goods are discovered

Special rules apply if significant defects in the product are identified and the manufacturer (an authorized organization or an authorized individual entrepreneur, importer) is required to eliminate them free of charge. This claim can be made if defects in the product are discovered:

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1) after two years from the date of transfer of the goods to the consumer, but during the service life of the goods;

2) within 10 years from the date of transfer to the consumer of a product whose service life is not established.

1.5. Deadline for filing claims for defects in a technically complex product

if a significant defect in the product is discovered;
the deadlines established by law for eliminating product defects were violated;
It is impossible to use the product for more than 30 days (in total) during any year of the warranty period due to repeated elimination of various defects of the product.

1.6. Deadlines for submitting claims for quality goods

2. Deadlines for filing claims regarding deficiencies in work performed (service provided)

Claims for deficiencies in the work performed (service provided) can be presented to the contractor upon acceptance of the work (service) or during its execution (rendering).

3. Deadlines for filing claims for compensation for damage to life, health and property of the consumer

1) by virtue of law, a service life or expiration date must be established for a product (result of work), but it is not established.

2) the consumer was not provided with complete and reliable information about the service life or shelf life of the product (work result);

3) the consumer was not informed about the necessary actions upon expiration of the service life or expiration date and the possible consequences of failure to take these actions;

4) the product (result of work) after the expiration of its service life or expiration date poses a danger to life and health.

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