If the payment for the service is made before its provision, then the consumer may face a situation of non-refund of money if the terms of the agreement are not fulfilled. In this case, you need to carefully study the contract and perform certain actions that will allow you to return the money spent.
Instructions
Step 1
Remember that if you transferred money for a service not provided without signing a confirming act or contract, then it will be almost impossible to return the amount spent. In this case, you can only rely on the integrity and honesty of the performer. Otherwise, you can try to insist on drawing up a receipt or postpone the delivery of the service.
Step 2
Determine the term for the provision of the service, which is stipulated in the contract. If this condition is not specified, then according to Art. 314 of the Civil Code of the Russian Federation, the debtor is obliged to perform the ordered actions within seven days from the date of the request for execution. If this did not happen, then you have the right to demand a refund and terminate the contract.
Step 3
Make a written statement in which you indicate the fact of non-provision of services, note the deadlines and the amount of debt. Also, according to Article 28 of the Law of the Russian Federation "On Protection of Consumer Rights", the contractor is obliged to pay a penalty or penalty, which is stipulated by the contract. If these penalties are not specified in the agreement, then the calculation is carried out in the amount of three percent of the cost of providing services for each day or hour of delay, but not more than the total price of the order.
Step 4
Send the claim to the address of the contractor by registered mail with a list of attachments. It is advisable to keep one copy of the letter for yourself, and also keep the receipt of sending. These documents will be needed as evidence in court. The debtor undertakes to return the money to you or give a written answer within 10 days. If this does not happen, then contact the territorial office of the Federal Service for Supervision of Consumer Rights Protection.
Step 5
Submit a claim to the court if the above methods did not help you return the money spent on the services not provided. Before that, it is advisable to determine the amount of legal costs and compare them with the amount of debt. In some cases, litigation may only incur additional costs.
