Remember that if you give money for no service rendered without signing a supporting act or contract to recover the amount spent will be almost impossible. In this case you can only rely on the integrity and honesty of the contractor. Otherwise, you can try to insist on the preparation of receipts, or to postpone the provision of the service.
Define the service period, which is stipulated in the contract. If this condition is not specified, in accordance with article 314 of the Civil code, the debtor is obliged to perform the ordered action within seven days from the date of filing of the request execution. If not, then you may require a refund and to cancel the contract.
Create a written statement which indicate the fact of refusal of services, select the timing and amount of debt. Also, according to article 28 of the RF Law "On protection of consumer rights", the contractor is obliged to pay a penalty or forfeit, which is specified in the contract. If the data penalties are not specified in the agreement, then the calculation is at the rate of three percent of the cost of providing services for each day or hour of delay, but not more than the total price of your order.
Send the executor a claim by registered mail with the investment inventory. Preferably one copy of the letter to keep and also save the shipping receipt. These documents need as evidence in court. The debtor is obliged to return you money or give a written answer within 10 days. If not, contact the local office of the Federal service for supervision in protection of consumer rights.
File a claim in court if the above methods do not help to return the spent money for no services rendered. Before doing this, it is desirable to determine the amount of costs and compare them with the amount of debt. In some cases, litigation may entail additional costs.
Advice 2: How to get the money back for the service
To return money is never easy. If you purchase faulty goods can be presented for examination, with the provision of services much more difficult. However, in this case, we can achieve justice.
You will need
- - the statement;
- - the law on protection of consumer rights;
- - data on Supervisory and higher authorities.
Collect all the receipts you are given. Without this document, it is almost impossible to prove that you paid the money. Receipts, the contract, the warranty card should be stored, while there is a validity period.
Read the terms of service. By law they must be available to each client. Please contact the company asking to show you the rules if not able to discover them for yourself. You will be able to appeal to this document in the event of a conflict. Threaten that you will contact the regulatory authorities. A contact there with a complaint if you do not return the money.
Write a written complaint, if the quality of the service you are not satisfied. In it, specify when, where and what service was given. Clarify the reasons why you require a refund. Refer to article 29 of the law "On consumer protection" and demand compensation of the caused harm. You have the right to free elimination of defects, proportionate reduction in the cost of services rendered for re-execution of the work. Perhaps reimbursement of expenses that you incurred, independently correcting identified shortcomings of the service rendered or resorting to the help of others. don't settle for other options besides a refund. Argues the fact that you are not satisfied with the quality of work, and you don't want to take more risks.
Operate similarly and in that case, if the service was not provided, and the money from your account cheated. Typically, such situations arise with mobile operators. In a written complaint to specify that the so-called service activation without your consent. Said that in this case the actions of the provider may be qualified as fraud under article 159 of the criminal code. And demand an immediate refund. Such a message can be written on the website of your mobile operator in the section on feedback from subscribers or their support.
Contact your lawyer if you have any problems with the refund. Departments for the protection of the rights of consumers in the municipalities provide a free consultation. Look at specialized public organizations that are engaged in customer support until the trial. But be careful: this service may also be substandard. Why not give the money up front, agree to pay for the work only to achieve the result.