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

Reasons for the application for termination of the contract for the provision of services to the Russian Federation in 2021

Termination of the agreement for the provision of services is permitted if one of the signatories of the agreement does not comply with the rules reflected in it.
The most common reasons for termination of cooperation include the following circumstances:

The contractor violates the deadlines for fulfilling obligations.
The customer does not transfer funds for the services provided in accordance with the agreement.
The customer is not satisfied with the quality of the services provided.
During the period of work, the contractor makes changes in personnel not provided for in the agreement, as a result of which the quality of the work performed deteriorates.
The executing company was liquidated.
The occurrence of force majeure circumstances that made it impossible to continue cooperation between the parties.

Features of drawing up an application

Based on Art. 782 of the Civil Code (Civil Code) of the Russian Federation, participants in an agreement on mutual cooperation have the right to refuse to perform the work specified in the contract under circumstances if:

The customer will return the costs to the contractor if the initiative to terminate the agreement comes from him.
The contractor will return to the customer the losses incurred during the performance of the work if the initiative for the break comes from the contractor.

Often, the resolution of controversial issues regarding the termination of an agreement for the provision of services is carried out in judicial structures. Therefore, it is necessary to competently draft a request to terminate a contract, taking into account those features when one of the signatories does not want to break it.

For example, if one of the signatories decided to terminate the agreement, then he will need:

Write a request to terminate cooperation and send it to a representative of the other party.
Wait for a response to your notification (usually the response must be sent no later than 30 days, unless otherwise provided by the agreement).

Often, parties to an agreement confuse the concept of “termination of the agreement by one of the participants” and “refusal to provide services.”

These concepts are different:

If the termination of cooperation is refused, the initiator of the break will need to send a petition to the court. To do this, you will need to transfer the state fee and arrive at the court hearing on the date set by the court. If the applicant's claim is satisfied, the parties are required to draw up an agreement to terminate cooperation.
An exception may be a bilateral termination of the contract, that is, when both parties to the contract agree to terminate cooperation.
Refusal to carry out work may be unmotivated, however, termination of the contract must certainly be justified.

Note. Cancellation of a contract for the performance of work in the event of its termination is carried out from the moment the court ruling is announced. In case of refusal to carry out work, cooperation is terminated from the moment of notification of this to the other signatory of the contract.

What is the procedure for terminating a contract with a driving school at the client’s initiative?

Hello! Can I terminate the contract with a driving school with a refund?

The situation is this: I entered into an agreement with a driving school (category a), went to one lesson, after that it began to get colder, and about a couple of days after the first lesson we postponed my training to the next year. Now I no longer need to study for this category.

Can I get my money back because I only attended one class?

The driving school responds with a rude refusal. I spoke with their manager - he said that it was possible to terminate the contract. After that, I was asked to talk to the head of the driving school, who said, “I don’t care what the manager said. Either study or don’t, we won’t return your money.”

I am attaching the contract and payment receipt.

Good afternoon. The Customer (you) has the right to refuse the service agreement and demand a refund minus the expenses actually incurred by the Contractor. In practice, they often do this: how much does an hour cost* the cost of the hours completed is what the performer can keep for himself. He must return the rest to you. Write a complaint and ask for a refund. You don’t even have to make a calculation in your claim. If he doesn’t return it, he’ll go to court. Moreover, through the court he will pay many times more.

Hello! Thanks for the answer. The point in the contract is confusing: 2.2.4 After registering the group with the traffic police (approximately 14 days after the start of training), the cost of training is not refundable, regardless of the reasons for the Student’s refusal to study. Can you comment on this? I don’t know whether I was registered with the traffic police or not and whether this wording has legal force if the services were not actually provided?

No. This clause may be invalidated. The only thing is that if the registration process with the traffic police, taking into account your candidacy, increased the costs of the driving school, then this amount can be included in the amount that is not refundable (as expenses incurred by the contractor).

Submit a claim based on

Article 32

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.

In this case, the contractor must prove the actual expenses incurred.

I don't care what the manager said.

Please also indicate in your claim that when you go to court and if the court satisfies the consumer’s requirements established by law, the court will collect a fine from the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) for failure to voluntarily meet the consumer’s requirements. in the amount of fifty percent of the amount awarded by the court in favor of the consumer.

Plus compensation for moral damage.

Leave a claim requesting a refund in person, picking up a copy with an acceptance mark, or send it by registered mail with an inventory.

Source of the article: https://pravoved.ru/question/2071923/

How to write an application for termination of a service contract

The regulations of the Russian Federation do not establish a standard template for a notice of termination of a contract for the provision of services, therefore such a document is drawn up either on a blank A4 sheet or on letterhead.
The letter is filled out in free style, either manually or typed on a computer, followed by printing. Like any similar request, filling out the letter must begin with a “header” in which you must indicate the addressee, the opposite side of the initiator of the break in cooperation. Here you need to display the position, name of the institution, registration address, contact information (if it is a legal entity), or, if it is an individual or individual entrepreneur - full name, note the location address, passport details (series, number, by whom and when issued ) contact information.

Below you need to display all the information about the initiator of the termination of the agreement, indicating the same data that is presented in the first line.

Then the title of the letter is written down - “Application for termination ...”

After this, you need to begin presenting the contents of the letter.

Drawing up a refusal letter

Such a document can be drawn up on the organization’s letterhead containing all its details, or on a simple sheet of A4 paper. It can be typed on a computer or written by hand. The most preferable option in the case of a refusal letter is a handwritten letter on company letterhead. This will indicate a warm attitude towards the author of the proposal and interest in the possibility of cooperation in the near future. But, naturally, the handwriting in which the message is written should be easy to read (even better - calligraphic).

The document is drawn up in a single copy and recorded in the journal of outgoing correspondence, indicating the date, number and brief content. This information may be required to confirm that this email was sent.

The presence of a seal is not mandatory starting from 2016.

Contents of the statement

The content of the document contains a request to terminate the agreement with the display of the contract details (name of the contract, number and date of signing and other information that is essential for the contract (for example, for a contract for the provision of educational services, it is desirable to display the name of the course teacher; for telephone services - write a telephone number, etc.)
Then you need to indicate the date of termination of the contract.

It is also advisable to state in the text the reason for canceling the contract (although this clause is not mandatory, since the reason for the rupture may be that the customer simply no longer needs the services).

If the letter is sent in a situation where another signatory to the contract does not comply with its terms, the reason should be substantiated by attaching supporting materials (for example, payment orders for the transfer of funds for work that was not completed or was performed of inadequate quality, etc.) . In the future, if the contract is refused, this letter may be provided to the judge when resolving the dispute in court.

Like any message, the letter must be endorsed by the initiator of the termination of the contract and the date of its completion must be indicated.

When can the contract be terminated?

If there are grounds provided for by law or by agreement of the parties, the contract may be terminated early on any day before the end of its validity period.

If a transaction is subject to pre-trial termination, it is considered terminated from the moment the counterparty receives the relevant notification (Part 1 of Article 450.1 of the Civil Code of the Russian Federation).

In accordance with Part 2 of Art. 452 of the Civil Code of the Russian Federation, you can demand termination of the contract in court if, after 30 days (or within the period specified by agreement of the parties) after receiving the claim, the counterparty has not accepted the conditions for exiting the transaction. The decision to terminate the agreement can be made by the court within 2 months from the date the interested party files a statement of claim (Part 1 of Article 154 of the Code of Civil Procedure of the Russian Federation). If the case is complex, the period for consideration of the claim may be extended for another month (Part 6 of the same article of the Code of Civil Procedure of the Russian Federation).

Application Form

Considering that legislative acts do not establish standard application templates for all occasions, many companies, as a rule, develop their own forms, including notifications of contract terminations.
However, this does not mean that you must use just such a form to fill out a letter of termination. At the same time, it should be noted that in practice, the design of all such letters is carried out in compliance with the same type of structures. The letter can be written on an ordinary blank sheet of paper or on company letterhead if it is a company. The form of such an application must contain:

A hat.
Document's name.
Content section.
The final part.

The header should contain information about the addressee where the letter is sent and about the initiator of the termination of the agreement.
In the second section, the title of the document is filled in the center of the line.
The content section sets out the essence of the appeal, reflecting the current circumstances and the applicant’s request to terminate cooperation, setting out the date of termination of the contract.
In the final part of the letter, the date of its completion is stated and the applicant’s signature is affixed.

Sending a letter can be done in several ways:

Personal delivery to the addressee.
By mail in the form of a registered message with notification of delivery to the addressee.

General information about business letters

A letter of refusal is one of the types of business correspondence and, accordingly, its form and content must comply with the general rules for drawing up such correspondence.

firstly, the text of the document must be structured, divided into three parts - the beginning, the main text and the conclusion. The beginning contains the title, address and details of the sending organization. The main text (for better perception) must be divided into paragraphs. The conclusion contains a summary of the entire letter, the date of preparation and the signatures of the responsible persons;
secondly, the writing style should be concise, without complex phrases and a large amount of special terminology. Text larger than one page is not recommended;
thirdly, the tone of the letter should be business-like, self-possessed, and polite. Rudeness is unacceptable. Emotional assessments too. However, excessive dryness of the message is also undesirable;
fourthly, the letter must be literate and comply with all the rules of the Russian language: stylistic, spelling, punctuation, lexical. Otherwise, it leaves an unpleasant impression and reduces the likelihood of further cooperation, even if it becomes possible according to other criteria;
fifthly, strikethroughs, erasures and other signs of proofreading are not allowed. It is also advisable to avoid a large number of abbreviations and acronyms;
sixth, it is traditionally accepted that business correspondence is written in Times New Roman font. Font size – 12, single spacing.
and the last thing. When composing any business letter (including a letter of refusal), you should remember that such correspondence may have various legal consequences.

How to write a statement to terminate a service agreement

In order to draw up a petition to terminate a service agreement, it is advisable to use a sample that can be found at the company’s stand, or from a personnel officer; in extreme cases, you can download such a sample on the Internet, and you can also download it at the end of this article or use the sample, posted in the next section.

In any case, when composing such a letter, you must follow the rules for writing official letters, displaying the following information:

Like every statement, its preparation begins with an appeal to the addressee. On the right side of the top of the sheet fill in the position, company name, address, contact information. Information is written in the dative case.
Below, fill in the details of the author of the document being compiled, displaying the same information. Data is written in the genitive case.
Then, stepping back a little below, the title of the document is filled in the center of the line.
Next, you need to proceed to the descriptive section of the document to be filled out, in which you need to display the details of the agreement concluded between the parties.
Then state the essence of the content of the appeal, outlining the circumstances that resulted in the need to receive services no longer being required, or with a claim against the signatory if the terms of the contract are not met.
If the terms of the contract are not met, you must refer to the Civil Code of the Russian Federation, as well as the conditions for termination of cooperation reflected in the agreement.
After completing the contents, you must submit a request to terminate cooperation, indicating the date of termination of the agreement.
If there are uncompleted paid services between the parties, then it is necessary to request a refund.
Finally, you need to date the letter and sign it for the applicant.

This completes the application procedure. After completing the notification, you need to register the letter, assign a registration number and send it to the addressee.

Termination of the contract with the driving school. Continuation

For those who accidentally discovered the second part of this amazing story right away, I strongly recommend reading the first one first.
Since we had no experience in finding a driving school or training there, we also did not know how to terminate the contract and get the money back for the service not received. Fortunately, now you can easily find the law you need on the Internet, read legal advice and get a detailed action plan.

First they called the administrator (there were simply no other contacts). She began to persuade us to stay, offered various options, for example, “yes, at least in three years, come and study, many of our studies are frozen.”

. These options did not suit us. We asked for the contact information of the driving school director.

The director also tried to persuade I. to continue his studies or to suspend it. He said that they do not return the money two weeks after signing the contract. But there was no such clause in the contract. The director kept postponing our meeting. But, apparently, he decided that it was useless to continue hiding.

I came to a personal meeting together with I. It was interesting for me to see a person who makes a fool of himself over the phone and grossly violates consumer rights. We came prepared: in our hands we had an application for termination of the contract and a refund of funds in two copies and our personal contract (which they tried to take away from us, so I’ll say right away: both parties must have the contract even at the time of its termination). But, despite our determination, the director again tried to persuade I. not to terminate the contract. After a couple of minutes, it dawned on me what the director of the driving school meant. He suggested that I. not attend classes at all, said that the driving school would give him a certificate just like that, and then he could go and take it to the traffic police. Probably some would be satisfied with this development option. But not us. Of course, I was shocked by such a proposal.

And you will be right if you say that I am too naive. But you must admit, the situation is sad.

The director signed a copy of the application. We began to wait for a refund.

We were pleasantly surprised that we got our money back in full. (I note that we were not against deducting the cost of 3 practical classes and other costs, since this is stated in the contract)

Source of the article: https://zen.yandex.ru/media/id/5cf285541377d600af84e17c/rastorjenie-dogovora-s-avtoshkoloi-prodoljenie-5dae38955ba2b500b1c2151e

Methods for submitting an application

In order to avoid any misunderstandings when sending the letter, the request for termination of cooperation must be filled out in 2 copies. An application to terminate a contract for the provision of services can be sent in any way acceptable to the sender:

Personally bring the letter to the reception or office of the institution providing the services. In this case, in the copy of the submitter of the notification, it is necessary for the party receiving the document to note the date of its acceptance and the incoming letter number, as well as his position and full name.
By mailing a registered message with notification of its receipt by the addressee and an attached inventory (if there are attached documents).
Via electronic communication channels - if specified in the agreement.

After writing the application

After completing the application, it must be transferred to the other party to the contractual relationship. You can do this in several ways:

the first and most reliable is to give it personally, from hand to hand to the service provider;
send the document via regular mail by registered mail with return receipt requested (with a list of attachments) - this route also guarantees that the message will reach the recipient;
submit the application through a representative, but only if he has a valid, duly certified power of attorney from the applicant;
send an application via email, but only if such a procedure is specified in the contract;
if there is electronic document flow between the parties, then it is allowed to send the application through the user’s personal account or via Internet banking (in situations when we are talking about credit institutions and their clients).

Source of the article: https://assistentus.ru/forma/zayavlenie-na-rastorzhenie-dogovora-okazaniya-uslug/