How to refuse the services of a management company: step-by-step instructions. Refusal of Rostelecom services via the Internet - instructions

We rented a cafe for a wedding, paid in advance, and then found a better place. We ordered plastic windows, but saw good discounts from another company. We hired a realtor to sell the apartment, but plans changed. You bought an annual membership to a fitness club, but can no longer attend due to an injury. Is it possible to refuse a service if you find a place where it can be done cheaper/better, or the service is simply no longer needed? We answer a popular question from readers.

What does the law say?

The Law “On the Protection of Consumer Rights” has 3 main cases in which you can terminate a contract for work or services:

in case of violation of the deadlines for the performance of work or provision of services (Article 28 of the Labor Code);
if there are significant deficiencies in the work/service (Article 29 of the Labor Code);
just like that, unmotivated at any time (Article 32 of the Law of the Russian Federation).

What are the features of termination of a contract under Article 32 of the Law “On Protection of Consumer Rights”?

Article 32 of the Labor Code allows the refusal of contracts for work or services Without explaning the reason. That is, the performing company does not seem to be guilty of anything, has not yet violated any deadlines, and you have no complaints about the quality of services. Therefore, the terms of termination of the contract will be less beneficial for the client. If the work is late or there are defects in the work, you can claim a refund of 100% of the paid cost of the work. If you cancel the contract under Article 32 of the Law “On Protection of Consumer Rights,” it may happen that you will not get the full amount back. By law, the contractor has the right to deduct from you his actual expenses incurred in connection with the execution of your contract.

What costs can be withheld when canceling a contract under Article 32 of the PPA?

Any costs that are incurred in performing your contract. But there are 3 conditions:

The costs must be related to the performance of your contract. For example, a real estate agency pays for the publication of advertisements for the sale of your apartment in newspapers, on specialized websites, etc. The window installer purchases the profile to produce the windows you order.
The costs must have been incurred before you submit your cancellation request. After receiving the application, the executing company is obliged to stop working under your contract. You are not obligated to compensate the contractor for costs incurred after you cancel the contract.
Expenses must be documented. This means that the executing company must have the appropriate payment documents, contracts, and invoices.

If you cancel a subscription to attend some classes (for example, a swimming pool, a fitness club), a refund is usually made in proportion to the unused time.

Penalties for refusing a contract are illegal

Contracts with real estate agencies, construction and repair companies often stipulate a fixed penalty for early cancellation of the contract (for example, 50%). Hint to your realtor or plastic window installer that you would like to cancel the contract with them. In response, you will certainly hear that the contract cannot be terminated, and you will have to pay a large fine.

Actually this is not true. Article 32 of the consumer protection law exists precisely so that the client can terminate the contract at any time. To protect the interests of the executing company, the law provides for reimbursement of its actual expenses, but penalties for repudiating the contract are not specified in the law. The Supreme Court of the Russian Federation has repeatedly stated in its decisions that any sanctions for a consumer’s refusal to withdraw from a contract are illegal.

Practice example:
Review of judicial practice of the Supreme Court of the Russian Federation No. 4 (2016), paragraph 6 (definition 4-КГ16-9)

That is, if the real estate agency returns only part of the money to you upon termination of the contract, withholding the rest as a fine, you can go to court with a claim for consumer protection. The agency will have to document its actual expenses, otherwise it will have to return to you the amounts that were unreasonably withheld by the court.

How to refuse a contract for work or services without giving reasons?

Write a statement to cancel the contract and return the money.
Use ours. Add your details there. Print out the claim in 2 copies or write by hand. Sign. .
Hand over the application to the executing company.
Give one copy of the complaint to the secretary, administrator or manager who is responsible for receiving correspondence. Ask for a receipt stamp on the second (your) copy. The note must indicate the date, full name and position of the person receiving the claim, and his signature. Ask for a stamp or seal of the organization. Take the marked claim for yourself.
Wait for a response.
According to the consumer protection law, money must be returned within 10 days from the date of receipt of your complaint. If the money is not returned at all or they are forced to pay a fixed fine for canceling the contract, go to court with a claim for consumer protection.

What contracts does Article 32 apply to?

For many contracts for the performance of work or provision of services, for example:

educational services;
real estate agency services, incl. searching for buyers for an apartment, selecting apartments for rent;
tourism services (taking into account Article 10 of the Federal Law on the fundamentals of tourism activities in the Russian Federation);
medical services;
contract agreements for the performance of work (for example, renovation of apartments, production of PVC windows, furniture, paid repair of equipment by a service center, etc.);
private labor exchange services for job search;
services of fitness centers, subscriptions to the swimming pool, solarium, etc.;
information Services;
and others.

Special cases.
Article 32 cannot be used for contracts of transportation, insurance, participation in shared construction, bank deposit and some others. Termination of these contracts is carried out according to the rules established by special laws (Charter of Motor Transport, Air Code, Civil Code, Federal Law on participation in shared construction, etc.).

What can you ask for in a claim under Article 32 of the Law “On Protection of Consumer Rights”?

Refund of the paid cost of work or services under the contract. Ask for 100% or in the case of a subscription, proportional to unused classes. If you already know the amount of actual expenses of the contractor, ask for it minus it.
Compensation for moral damage. You can write any amount at your discretion, but the court will decide how much is fair to collect in this case.
Fine under clause 6 of Article 13 of the Law “On Protection of Consumer Rights”— 50% of the amounts awarded in your favor. It is not necessary to calculate the amount. The judge will count it depending on how much he charges.
Reimbursement of legal costs- costs of filing a claim, legal fees, postage, etc.

It is not necessary to ask for termination of the contract in a lawsuit, because in this case you are unilaterally renouncing the contract. That is, the contract will already be considered terminated after you submit your application, regardless of the wishes of the executing company.

There are always enough people dissatisfied with the work of their Management Company, but there are significantly fewer people who want to somehow solve this situation.

Meanwhile, you can do a lot of things - or complain about the Criminal Code to a higher authority, or refuse its services altogether.

Also, fees for repairs are carried out regularly (and try to avoid it), but the Management Company has never carried it out like that.

Or the mechanic, contrary to current regulations, is delaying time to fix the problem, and even require additional payment for their services, and this situation is repeated time after time.

The roof is not being repaired, there are problems with heating - they are not heating or heating is not enough, but the management company does not give clear answers to questions, does not provide reporting or provides such reporting directly at odds with reality, and contacting higher-level organizations literally yielded nothing.

In other words, if there is not only something to complain about, but even the meaning of the complaints has been exhausted, you need to break it off and move on to a better and more reliable manager or body.

And if you are not alone in your dissatisfaction, if your point of view is supported by other residents - this greatly simplifies things. But even if you alone are dissatisfied with the organization, and everyone else likes everything, then you can refuse this management company alone.

Another thing is that it will be more difficult - mainly in “paper” terms.

And it doesn't matter to you will have to create an initiative group, then go through all the stages - notify everyone living in your house, carry out explanatory work among them, revealing why right now you need to stop cooperating with this company, and then request reports, hire a lawyer and raise your documentation.

That is, who complained and how, how many times, where, How did the Management Company itself react to complaints and did it respond?, then - appeals to the State Housing Inspectorate, reports of their inspections, instructions, how they were carried out, complaints to Rospotrebnadzor... This is quite a lot.

Because such an issue can only be resolved at a general meeting and nothing else.

It doesn’t matter whether this company was appointed through a competition or the owners chose it themselves - current housing legislation allows you to refuse the organization’s services unilaterally.

True, the Management Company itself is quite may refuse to service this home.

To do this, it is again necessary to create an initiative group, hold a general meeting, then open a separate personal account.

The most absolute argument in favor of leaving one “manager” for another was and remains the expiration of the contract with the owners.

How to refuse a management company? The first thing to do is hold a meeting of all apartment owners.

To do this, everyone must be notified in writing. If there are also non-privatized apartments in this building, a representative of the municipality must be present at the meeting.

In order to know exactly which apartments in your building have already become private property and which are still social, you need to contact the municipality with a corresponding request.

Moreover, in this case you will need to be doubly prepared, since the municipality will most likely initiate an inspection, based on the results of which certain acts will be drawn up.

Usually a candidate—under the auspices of which organization to go under—already exists.

However, still the final decision is made at a meeting of residents.

It is necessary to carefully study all reviews about the proposed management organization, especially negative ones. The same should be done if you are going it alone.

Or you can not go to any Managing organization at all, but take control into your own hands— that is, to create a homeowners’ association. This decision is also made by a majority vote of the residents' meeting.

How to terminate a contract with a management company? So, the procedure will be as follows - the initiative group conducts a survey among the inhabitants of the house and conducts explanatory work.

It is clear that the initiators themselves do not need to explain anything to themselves; they are so fed up with the poor quality of work, and even the abuses of the current organization, that there is no point in working with it further. But the rest of the owners will have to explain this and carefully justify it.

How to justify?

The following arguments can be made:

The management company systematically violates its part of the agreement with the owners;
poorly performed work;
reporting is not provided, the information in it does not correspond to reality;
the contract has expired.

Let's give a specific example. The management organization, with which cooperation was brought up for discussion, according to the agreement, kept the driveways and entrances clean, but never fulfilled this condition.

Or, for example, repairs. Funds are collected regularly, and the fee is clearly overpriced, and the pipes both leaked and continue to leak, although it seems that some repairs were carried out (or none at all), problems with heating were and remain.

Before this, all documentation must be requested from the office of the Managing Organization and supplemented with the documents available to the initiative group, confirming the validity of their claims— and all this must be done before initiating the meeting.

Otherwise, you will do nothing to convince other residents, who in most cases, even if they are dissatisfied, adhere to the policy of “changes can only be for the worse.”

Having requested materials, you must submit them for analysis to a competent lawyer who will best tell you how to act.

Documentation

Procedure for refusing the services of the Managing Organization accompanied by the following documents:

notifications (to residents - about a general meeting at which the issue of the possibility of further cooperation with this organization will be raised, mentioning the date of the meeting, and to the Management Company - about early termination of the cooperation agreement, with mandatory references to current legislation);
complaints from owners (copies) about the company’s activities;
appeals to the Criminal Code, Rospotrebnadzor, State Housing Inspectorate (copies);
minutes of the general meeting of residents.

A notification is sent to the managing organization with a copy of the minutes of the meeting. After this, the company must prepare all materials for transfer to the new company— the one that the residents chose for cooperation.

True, it is possible that the matter will not be limited to this and it is possible will have to go to court.

The issue will be heard in a district court of general jurisdiction.

But in general, as practice shows, this is not the best solution, since the claim is very controversial, since it is usually based on not on solid evidence non-compliance with laws, but only on the dissatisfaction of individuals.

One apartment exit

Is it possible to exit the management company with one apartment? It is forbidden. The question of the form of management, as well as with whom to sign the agreement, can only be resolved at a general meeting of apartment owners.

Thus, it turns out that the best way would be to simply wait for the expiration of the contract with one Managing Organization and conclude with another. This way you will save both time and money.

It may seem like a long wait, but it's not. Because validity limit of contracts with management companies is three years, but in the vast majority of cases the contract is concluded for one year.

You can learn about the difficulties you may encounter when abandoning a management company from the video:

If a Rostelecom subscriber needs to leave home for more than 30 days, it is recommended to suspend the use of connected services. To do this, just call the provider’s hotline or go to one of its offices. You can also completely refuse to use Rostelecom services via the Internet or in another convenient way.

Before you stop using services from Rostelecom, you need to check that you have no debts. You can clarify this information:

from hotline operators (8-800-100-08-00);
in your personal account;
at the provider's office.

In addition, you should find out whether the payment for the equipment used has been paid in full. If not, this may also cause debt to form. Rented devices will need to be returned.

In the office

After repaying all debts, the user can visit the nearest Rostelecom branch and write an application for refusal of servants, indicating in it:

contract number (personal account);
required duration of blocking;
the reason for deactivating the service;
date of document preparation;
your signature.

You will need to present your passport (any other ID will also work). The services specified in the application will be disabled within the next 24 hours.

By phone

If a temporary shutdown is carried out using the Rostelecom hotline, the subscriber will have to dictate to the operator:

your last name, first name and patronymic;
personal account number of the service or contract;
the address at which the service was connected;
the duration of the period for which the blocking will need to be made.

Attention! Even if the shutdown is temporary, its duration will be at least a week. The option to suspend use during the first month is free. In the future, 3 rubles will be debited from the subscriber’s account daily.

Forever

To completely terminate the agreement, the personal presence of the person who entered into the agreement or his authorized representative is necessary. Therefore, you will have to contact the provider’s office, or the subscriber can send an application to the regional office of the company by mail (registered mail).

In the event of the death of the person who signed the agreement, his legal successor can terminate the agreement. To do this, you will need to submit the following documents:

passports (of the former subscriber and his heir);
death certificate.

However, there is an easier way to refuse the Internet, telephone and other connected services.

How to cancel Rostelecom services via the Internet

It will be useful for each subscriber to learn how to cancel Rostelecom services without leaving home. To do this, just follow a few simple steps:

Log in to your personal account on the Rostelecom website.
Find the section with the service you want to disable.
From a number of options that can be applied to the service, select “ ”.
Save the changes made.

The charging of subscription fees stops the very next day after the services provided by Rostelecom are disconnected. If necessary, the service can be reactivated in a similar way and then the debiting of funds will continue.

If you were unable to block it yourself, there may be several reasons for this:

there is debt on the account;
the service agreement was signed less than a month ago;
within the framework of the connected tariff, certain restrictions apply;
the “Promised Payment” has not been completed;
the subscriber uses the deferred payment system for more than 60 days;
There are not enough funds to write off the fee (with an advance payment system).

Attention! If the subscriber simply stops paying bills, the services will continue to be provided, but a debt will form on the user’s personal account. Therefore, the contract with the provider should be terminated in a strictly established manner.

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 actual expenses incurred by him related to the fulfillment of obligations under this contract.

Commentary on Article 32 “The consumer’s right to refuse to fulfill a contract for the performance of work (rendering services)”

This provision can very easily mislead the consumer as to whether he can refuse to perform a contract or perform services without causing significant problems.

The fact is that, while establishing the right of a consumer to refuse to perform a contract, the legislator did not provide for the right of the same consumer to demand the return of funds paid by the consumer under a contract or paid provision of services as an advance. In accordance with paragraph 3 of Article 450 of the Civil Code, in the event of a unilateral refusal to fulfill the contract in whole or in part, when such refusal is permitted by law or by agreement of the parties, the contract is considered respectively terminated or modified. In accordance with paragraph 4 of Article 453 of the Civil Code, the parties do not have the right to demand the return of what they performed under the obligation before the change or termination of the contract, unless otherwise established by law or agreement of the parties. Thus, if the contract provides for the payment of an advance, but does not provide for its return in the event of termination of the contract, the consumer, in the event of exercising his right on the basis of the commented norm, is deprived of the opportunity to return the money paid, even if the services or work were paid in full, and the contractor did not even begin for the execution of the contract.

In accordance with paragraph 5 of Article 453 of the Civil Code, if the basis for changing or terminating the contract was a significant violation of the contract by one of the parties, the other party has the right to demand compensation for losses caused by the change or termination of the contract. However, in this case, the refusal to fulfill the contract is not related to the seller’s violation of any obligations; the contract is terminated only at the request of the consumer. Therefore, he will not be able to claim the advance as losses incurred in connection with the termination of the contract.

It should be noted that the described incident is not something unique to the legislation on the protection of consumer rights and to all civil legislation in general. Many rules establishing the right of one of the parties to refuse to perform an agreement also contain instructions on the return of what has been performed under this agreement by the party refusing to perform it, but there are also a number of rules that establish the right of one of the parties to the agreement to refuse its execution without violation by the counterparty their obligations, but these rules do not indicate that the party that has exercised this right has the right to demand what has been performed under this agreement. First of all, this applies to the commented norm, as well as to Article 497 of the Civil Code.

Otherwise, any terms of the contract that in one way or another limit the consumer’s right to refuse to perform a contract or provide services are void. Agreements that a priori establish the amount of the contractor’s expenses to be reimbursed are also void. The consumer has an obligation to reimburse only expenses actually incurred, but not those agreed upon when concluding the contract.

If the contractor makes demands on the consumer for reimbursement of expenses related to the fulfillment of obligations under this agreement, then the contractor is obliged to substantiate his claims and provide both evidence of the expenses incurred and their amounts.

Here it should be noted that in most cases it is very difficult to identify the expenses of an organization incurred in connection with the execution of a specific contract, since such expenses also include those incurred to ensure the activities of the organization as a whole (rent of premises, payment of salaries to staff and etc.). Therefore, an accurate determination of the costs associated with the fulfillment of obligations under a specific contract is most often impossible without conducting a full audit of all activities of the organization. However, this does not exclude the possibility of the contractor making claims for reimbursement of certain expenses if he has evidence that they were incurred to fulfill the contract that the consumer refused to perform.

Article-by-article commentary to the Russian Federation Law “On the Protection of Consumer Rights” V.R. Butler