The procedure for drawing up an application for debt collection services

Rent calculation

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Government Resolution No. 354 is the main document by which this issue is regulated. The document contains a lot of wording that is difficult for ordinary citizens without legal education to understand. The exact fee for each service is included in the receipt.

The general list of services is approved at a meeting of all owners of an apartment building; management companies cannot make changes at their own discretion.

What is included?

The standard lists of utilities and fees for them include the following items:

• Organization of major repairs.
• Costs of maintaining common property.
• Water drainage.
• Supply of hot and cold water.

Problematic situations are encountered more often by those who have organized calculations based on resource consumption standards.

Example of a claim for utility bills

Golovinsky District Court of Moscow

125130, Moscow, st. Kosmodemyanskikh, 31, k

. 2

address: 125131, Moscow, st. Klyuchevaya, 421, bldg. 2

tel. 82334598452

Gazin Eduard Moiseevich,

Address for correspondence:

125132, Moscow, st. Spartak, 257, apt. 954

tel. 82478547854

residing at:

125133, Moscow, st. Krasnopolskaya, d

. 401, apt. 1005

STATEMENT OF CLAIM

ABOUT COLLECTION OF PAYMENTS FOR HOUSING AND UTILITIES

According to the results of voting by homeowners of apartment building No. 401, located at the address: Moscow, st. Krasnopolskaya, according to voting protocol No. 1 dated June 23, 2010, the method of managing an apartment building was determined - by the management company

. Manager

Vodopyanova N.N. is the owner of apartment No. 1005, part of the said building

. The total area of ​​the apartment is 91.8 sq.m.

The Housing Code of the Russian Federation obliges citizens to timely and fully pay for housing and utilities. The Code stipulates that the payment must be transferred before the 10th of the next month

. Residents who pay housing and utilities late or partially are required to pay a fine for each day of delay.

As a result of improper execution by Vodopyanova N.N. obligations to pay for housing and utilities provided for in agreement No. 1005 dated June 29, 2014, for the period from July 10, 2020 to February 10, 2020, the defendant incurred a debt in the amount of 70,214.57 rubles, consisting of:

• payment for major repairs of the house - 25,473.03 rubles;
• payment for repairs and maintenance of the house - 15,245.56 rubles;
• payment for utilities – 29,495.98 rubles, namely:

— heat supply – 12803.14 rubles;

— electricity supply – 11619.20 rubles;

- water supply - 5073.64 rubles.

A calculation of the debt to be recovered is attached to the statement of claim.

The plaintiff repeatedly sent claims to the debtor, in particular, the last one was served on February 15, 2020. To date, the debt has not been repaid.

Violation of the payment procedure entails the difficulty of timely settlement with utility providers and contractors servicing the house, additional costs for paying penalties, and for all residents, including conscientious ones, the suspension or termination of the supply of such services.

Guided by Articles 153, 155 of the RF Housing Code, Article 309 of the RF Civil Code, Articles 98, 100, 131-132 of the RF Civil Procedure Code,

Ask:

1. To collect from Nelly Nikolaevna Vodopyanova the debt for payment of housing and utilities for the period from 07/10/2020 to 02/10/2020 in the amount of 70,214 rubles. 57 kopecks
2. To recover from Nelly Nikolaevna Vodopyanova the amount of paid state duty in the amount of 2906 rubles. 42 kopecks

Application:

1. Copy of the statement of claim
2. Receipt of state duty to the court
3. A copy of the charter of the housing cooperative "Vasilek"
4. Copy of agreement No. 1005 dated June 29, 2010
5. A copy of the personal account of Vodopyanova N.N.
6. Debt calculation
7. Copies of claims dated 09/15/2020, 10/20/2020, 01/14/2020, 02/15/2020
8. A copy of the power of attorney to represent the interests of the Vasilek housing cooperative

03/03/2020 Representative of the plaintiff Gazin Eduard Moiseevich

Illegal charging of utility bills

If the management company itself or the center responsible for this refuses to recalculate, it is considered that a violation has been committed. The rules are violated, even if there are documents confirming almost all calculations.

Illegal charging for heating is another common situation. The maximum number of events is once every 12 months.

In addition, other situations often occur:

• Participation in a targeted program for major home repairs.
• Residents contributed 5% of the cost of repairs, but even after that they continue to receive additional bills.

What are the features of filing a claim?

The application must be submitted to the owner of the property against whom the debt has arisen. However, such a citizen could sell the apartment without debt, while the contract has not yet been registered, and it is registered with the old owner. Or the housing was transferred under a rental agreement, which states that the tenant is obliged to pay for the services. Such situations complicate the application procedure. When residential premises are owned by several persons, and they have one personal account, the second owner will also be involved in the proceedings.

When the debt has already formed, even before filing a claim, residents must be notified of the current situation. A copy of this notice is presented to the court, proving that the defendant knew about the existence of the debt. The petition must be sent to the defendant’s actual residence address. If the amount of debt is less than fifty thousand rubles, the application is submitted to the magistrate. If it is more than this amount, the appeal is sent to the district or city branch of the court. The nuances of considering a claim for collection of debt on utility bills should also be taken into account:

• if the defendant does not agree with the claims or other provisions of the document, he has the right to file an objection during the proceedings;
• the defendant can also file a counterclaim if he has his own claims against the plaintiff;
• before submitting an application, you must take into account the powers of the management company or homeowners association with which the owner has an agreement;
• all debt calculations are made with a detailed description of each amount, and they must be motivated;
• In addition to the owner, it is allowed to involve current and former members of his family, employer or co-owner in the case.

It is important to accurately identify the parties to the proceedings in advance. Otherwise, you will have to additionally apply to bring third parties to court.

Where to complain?

The local housing inspection and court are the bodies that are responsible for considering such issues. Payment center specialists will help you make changes to receipts for the use of relevant resources.

Decisions are made by specific officials. Therefore, administrative penalties are not always effective. The first optimal step is to contact the organizations that provide the calculation.

Read about restructuring debt on utility bills. How does registration affect utility bills? See here.

To the management company

At the first suspicion of illegal payments and charges, you should immediately contact representatives of the management company. It is its specialists who process the primary documentation, according to which any settlements are made with residents.

The applicant must try to ensure that every point in connection with which questions arise is explained to him in the documents.

But ordinary citizens are often not familiar with the specifics of the formulas used for payment. Therefore, even such explanations are not always effective. It is much more convenient to receive clarification in simple written form.

The citizen draws up a special application where he indicates his data. After this, the essence of the complaint is detailed:

• Link to the numbers indicated on the receipt.
• Comparison with real facts and events.

Residents often express disagreement that payments were made regularly, but repairs and maintenance of the house were never carried out. Or when the management company refuses to recalculate, although the services were clearly provided at a low level of quality.

At the end there is a signature with the date. It is better to use the form of registered letters with acknowledgment of receipt.

To court

If the previous option did not bring any results, then litigation cannot be avoided. Statements of claim are filed at the addresses where the defendants reside. In practice, such cases are rarely considered in less than two months.

Copies of the following documents must be attached to the claim:

• Receipt for payment of state duty.
• Copies of statements and decisions made earlier.
• Receipts for paying utility bills.
• Documents for the property with the establishment of rights.

How to dispute?

Detection of discrepancies in a utility bill provides the user with the opportunity to challenge accrued indicators and rent amounts.

To find out how to dispute a utility fee, we recommend that you familiarize yourself with the procedure:

• First of all, you need to contact the management company at the place of registration of the apartment;
• Submitting a request in written or electronic format. The organization is obliged, at the request of the consumer, to provide complete and accurate information regarding the accrued fees for housing and communal services;
• If the institution refuses to consider the user’s request or recalculate the fee, the amount can be disputed in other instances;
• Illegal charging of fees for housing and communal services is recorded in documentary form and attached to the written application;
• If the illegally charged fee has not been changed, the owner of the residential property has the right to challenge the inflated tariff in court.

Reasons

To initiate a trial on the issue of illegal charging of utility bills, a citizen must have legal grounds. You can challenge the accrued fee for housing and communal services by contacting several authorities. If the issue has not been resolved pre-trial, the tenant by law has the right to file a claim in court.

Grounds for filing a complaint with the court for payment of utility bills:

• The receipt contains inaccurate information;
• No one lives in the apartment for a certain amount of time or fewer residents live than indicated in the receipt;
• The prolonged absence of property owners is documented;
• You can challenge the accrued rent if the family legally received a subsidy from the state, but the rent is not reduced;
• The utilities indicated on the receipt are not provided or do not meet the required quality.

Where to complain?

If an illegal charge for utility services is detected or if there are other legal grounds, the consumer has the opportunity to challenge the inflated rent.

To appeal inaccurate data, you should contact the following authorities:

• To the management company at the place of registration of the apartment;
• Housing inspection;
• Law enforcement agencies;
• Rospotrebnadzor;
• Challenge the charge in court.

An appeal to the represented institutions is accompanied by a written complaint. The contents of the document must indicate the basis for recalculating the indicators and the desire to challenge the inflated rent.

To the management company

A management company is an organization responsible for providing housing and communal services, as well as calculating the payment amount. If there is a discrepancy between the data in the payment receipt or if there are other grounds, the consumer must contact the institution to review the accrued amount.

You can draw the organization's attention to an inflated tariff by filing a statement. The complaint must be submitted in written or electronic format. Within ten working days, representatives of the institution consider the appeal.

The procedure for writing a complaint to the management company about illegal charging of utility bills:

• The application is drawn up in two copies addressed to the head of the organization with clarification of the company's address;
• Personal information about the applicant is noted;
• The contents of the document indicate the legal grounds for recalculating the accrued rent;
• References are made to specific articles of the law that were violated;
• Clarifies the intention to challenge the incorrectly accrued amount by going to court;
• At the end, a date and signature are placed.

To court

If the management company refuses to consider a citizen’s complaint about illegal charging of utility bills, the consumer has the right to appeal to a judicial authority.

How to challenge a housing and communal services bill in court? If a user of housing and communal services is confident that his rights have been violated, he can challenge the illegal charging of utility bills by filing a claim.

Procedure:

• Evidence is prepared and presented on the basis of which the paperwork will begin;
• A statement of claim is filed specifying the grounds for challenging the illegally charged fee. The claim is submitted at the place of registration of the apartment;
• A trial is underway. The duration of the consideration of the case is several months, depending on the nature of the grounds;
• Obtaining a court decision. If you disagree with the resolution, the owner of the residential premises has the right to challenge it in the appellate instance.

Read further: Can the management company appeal the decision of the general meeting?

Lawsuit

If you want to challenge the illegal increase in tariffs for utility services through the court, in addition to the statement of claim, the citizen prepares a package of documentation.

List of documents for the court:

• Lawsuit;
• Documents confirming ownership of the apartment;
• Receipts indicating timely and full payment for services;
• Copies of statements or resolutions adopted on this issue;
• Receipt for payment of state duty.

The case is considered by the court only on the basis of the provided package of documentation and a correctly completed claim. In order to properly file an application to the court, it is recommended that you familiarize yourself with its structure:

• The address and name of the judicial institution are indicated;
• Personal and contact information of the parties to the process;
• The content notes the essence of the appeal in a reasoned form;
• Links to specific legal provisions;
• Plaintiff's claims;
• At the end, a date and signature are placed, as well as a list of documents attached to the claim.

Are there any fines?

There are fines for incorrect calculation of utility bills, but their payment requires a violation of the standard procedure. A citizen can count on the fact that transfers for the following months will be reduced in the amount of the overpayment. Such information is reflected in new receipts received by the apartment owner.

The management company must pay fines for at least two months after the citizen applies for consideration of the issue. If there is a judicial act, then the excess is paid until the debt is eliminated.

How is payment calculated?

First of all, it is important to determine what is included in the housing and communal services. The main sections can be distinguished:

1. maintenance of equipment and the house, as well as the local area;
2. major repairs and waste removal;
3. heating of apartments;
4. gas supply, electricity supply;
5. water supply and sanitation.

The management company sets tariffs in accordance with adjustments by the Government of the Russian Federation. Tariffs are adjusted depending on the region. Unauthorized overestimation of prices in violation of legal requirements is not permitted.

According to the norms of housing legislation, owners and tenants of residential premises are required to make payments in a timely manner and in full. Utility bills are paid no later than the 10th day of the next month. Payment deadlines may be shifted according to the residents’ agreement with the management company.

There are the following typical situations when payments for housing and communal services may be calculated incorrectly:

• deliberately inflating tariffs or including non-existent services;
• errors when entering data into the payment system;
• incorrect application of established tariff rates.

If incorrect rent charges are discovered, it is important to assert your rights. In this case, liability is established for the management company and responsible persons, the main expression of which is serious fines.

According to Federal Law No. 485 of December 31, 2017, a fine is established for incorrect calculation of utility bills, which is paid directly to the owner or tenant. If an overstatement is detected, the management company pays 50% of the accrued amount in excess of the standard payment.

For example, if you had to overpay 200 rubles for hot water supply, the contractor is not only obliged to recalculate, but also return 100 rubles. To do this, you must submit a complaint to the management company, which is obliged to pay a fine within 30 days after recording the receipt of the complaint.

The fine is not paid in all cases. Exceptions occur when the increase in the amount of payment is the fault of the tenant or owner, the violation was eliminated before payment was made according to the receipt.

About risk cases and exceptions

There are only a few types of circumstances in the event of which management companies are exempt from fines. For example, if it is proven that the consumer is at fault for incorrectly describing:

• Number of consumers.
• Living space area.
• Meter readings.

Liability is also excluded in the situation where it was possible to eliminate the violation before the occurrence of the following events:

• Contact the consumer and make an advance payment.
• Citizen's appeal.
• Making full payments for utilities.

The management company should be held accountable in court if it voluntarily refuses to recalculate or pay additional fines. If the decision on the claim is positive, the court may recover up to 50% of the payments in favor of the plaintiff.

The assignment of payments is considered illegal when there are no prescribed ones, or if the owner dies. Rights and obligations end with death. The new owner must also contact the employees of the Management Company to have a recalculation carried out.

Find out how to reduce your utility bills. What is the repayment period for utility debt? Information here.

Is it possible to pay utility bills directly to suppliers? Details in this article.

If the court does not side with the plaintiff, the decision can be appealed. For this purpose, a special complaint is drawn up - an appeal sent to higher authorities. The complaint must be completed and filed no later than one month after the initial decision was made. The main thing is that the document describes in detail the basic information related to the case.

It is recommended to regularly check whether utility bills have been calculated correctly. Calculations are easy to carry out independently, knowing the current housing and communal services tariffs.

To do this, you can contact the management company. This is the legal right of every citizen who pays utility bills. Even minimal mistakes can lead to serious problems in the future.

What documents need to be prepared for the court?

A correctly drawn up sample statement of claim for recalculation of utility bills already contains a list of necessary documentation. This includes:

• receipt of payment of state duty and extract from the house register;
• copies of claims by the number of participants in the proceedings;
• title documents for housing (ownership certificate or contract);
• confirmation of the absence of arrears in payments and their regular depositing into the account of utility companies.

All documents, except the duty payment receipt, must be copied. In some cases, they need to be certified by a notary.

If the basis for filing a claim was the recalculation will be carried out after an inspection of your premises. It is conducted by representatives of the management company. The results of such an examination are also attached to the claim. The owner of the property must initiate these activities. If such a request was refused or ignored, you can draw up an inspection report yourself, taking measurements in the presence of two witnesses.

When a claim for recalculation of utility bills is drawn up due to the absence of tenants in the apartment, you need to indicate the period for which you want to change the payment for services. The following must be provided as evidence:

• train, bus or air tickets for the trip;
• bills from hotels or certificates from the medical institution where they were at that time;
• travel certificate or stamp confirming temporary registration in another city;
• international passport indicating the date of departure and return;
• other certificates confirming the absence of a person at his place of residence.

When all the evidence is in hand, you can proceed to drawing up a petition and sending it to the court.