Instructions: writing a response to a debt claim

According to current legislation, every owner of an apartment in a building that is on the balance sheet of an HOA or management company must pay utility bills on time. If meters are installed in the housing, the amount is calculated based on the volume of services consumed. If there are no meters, then the fee is calculated according to the tariffs.

Not all homeowners are law-abiding citizens who pay for services on time. Some people transfer money with a delay or refuse to pay at all. Housing and communal services are actively fighting against unscrupulous debtors.

But often the exact opposite situation occurs, when home maintenance is carried out at a very low level. Audits of bodies supervising the work of management companies constantly reveal numerous violations. However, invoices are issued for the full amount.

Is it necessary to answer?

Claims work in contractual relations is mandatory. If the parties do not want to bring the proceedings to trial, they initiate a pre-trial settlement process. The injured party sends a letter to the debtor with the amount of debt and a request to repay it. The debtor decides whether or not to respond to this notice.

If you agree with the requirements, simply pay off the debt; you do not have to respond. If not, respond in writing and explain your position. In the response letter they express disagreement, refusal to comply with the requirements, ask to clarify the procedure for calculating the penalty or to delay payment.

If you disagree and ignore the letter, the matter will end in litigation. The injured party has the right to sue the debtor 30 days after notification of the debt (Clause 5, Article 4 of the Arbitration Procedure Code of the Russian Federation).

The procedure for debt collection is prescribed in the contract, and the parties are guided by it. If the pre-trial work is completed, but the debt is still not repaid, the injured party takes the case to court. In this case, the debtor will pay not only the debt, but also a penalty or interest for using someone else’s money and legal costs: state fees, services of a lawyer, expert and notary, postage costs.

Where can I view the debt to the water utility?

Usually, in the event of a debt for housing and communal services, the management company sends the defaulter a notice with the amount of the debt and a request to repay it as soon as possible. In addition, some companies prepare lists of debtors, which they post not only on their official website, but also in the entrance of an apartment building.

What to do if you have not received a notification? Let's consider other methods of obtaining information:

• personal appeal to the housing department, where they must provide the requested data;
• personal contact with the water utility during office hours regarding payment issues;
• official website of the management company: some have a personal account where you can find out about debts and pay receipts;
• official website of the water utility: some also have a personal account or a debt request function;
• Internet banking: some banks allow you to find out the amount of debt for water, for example, Sberbank Online;
• The State Services portal allows you to obtain the necessary information and pay the receipt;
• website "Yandex. Money";
• regional water utility hotline;
• specialized mobile applications for utility organizations;
• The payment terminal provides data on the debt for water by address, full name and personal account.

Attention! In order to find out your debt, you need to provide your passport details; you may also need a certificate for the apartment.

In Vodokanal, you can find out the debt on the personal account, which is indicated in your payment document, at a bank branch or in your personal account on the website. After entering the data, you will receive information on the amount of debt and the period of delay; you can pay the receipt immediately on the spot or online.

In order to find out the amount of debt via the Internet, you need to register on one of the sites mentioned earlier. After logging into your personal account, you will have access to the entire history of accruals and payments.

For example, in your personal account on “ State Services ” you need to open the “Payment for housing and communal services” tab and select your regional service provider from the list. Then select the outstanding payment and enter your personal account information and payer code. The screen will display up-to-date information with a list of all overdue receipts.

In addition, it is convenient and easy to view the debt in your personal account on the website of the regional water utility. This is the case, but first you need to register by filling out a form (full name, phone number, email address, status, TIN or subscriber number). After that, in the section “Receive acts of reconciliation of debts and settlements”, look at the necessary information.

Other organizations also provide their subscribers with the opportunity to quickly and without leaving home find out the amount of debt and the period of overdue. For example, on the website of the State Unitary Enterprise “Vodokanal of St. Petersburg” this can be done using the contract number and TIN.

Most often, to determine the presence or absence of debt for water, service providers require you to indicate your residential address, tax identification number and personal account number.

If a special mobile application has been developed for your region, then you can install it on your smartphone and use all services : pay utility bills, monitor your balance, transmit meter readings, view the history of charges and payments, file a claim directly.

To start using the mobile application, the following steps are required:

1. Download and install the application on your device.
2. Register in your personal account or use your account from the corresponding website.
3. Add a personal account (or several), select a management company or water utility, indicate the address, date and amount of the last payment to link the account.
4. View the amount and period of the debt.

How to write the answer correctly

The procedure for drawing up is not fixed at the legislative level. There are general rules for how to respond correctly to a claim for debt payment in business correspondence:

1. Provide information about the recipient and sender: name and TIN of the organization, full name. management or individual, addresses and contacts for communication.
2. Insert the number of the outgoing letter and the date of compilation.
3. Indicate the number and date of the demand for debt collection and details of the basis agreement.
4. State the debtor’s point of view in a reasonable and reasoned manner.
5. Confirm guilt and determine the payment period. Or prove innocence and give reasons.
6. List the accompanying documents - calculations, payments, etc.
7. Sign the sender.

A competent response letter will help avoid litigation. Here is an example of a response to an unfounded claim for debt payment:

The payer's claim to the management company regarding the issue of charging for housing and communal services

We are talking about a complaint from the consumer, because we use utilities for personal purposes. The legal basis is not so much the general norms of the Civil and Housing Codes as special acts. These include Government Decrees No. 306 and No. 354 of May 23, 2006 and May 6, 2011, respectively.

These documents describe in great detail the responsibilities of the management company, the procedure for concluding an agreement and providing services. It also describes how to confirm the fact that utility services are provided in violation of legal requirements.

To file a claim, find out the details of the management company: the full name of the organization, its address and details of the manager. The law requires that such information be publicly available. Therefore, use the power of the Internet to find the necessary data.

Write the complaint in the first person addressed to the manager. Be sure to indicate your full details, that is, full name, address and contact telephone number. Next, describe in detail the essence of the claims.

For example, the monthly payment includes an amount for the repair of utilities, but no repair work was performed. Therefore, request a recalculation of fees based on poor-quality supply of utilities, which is recorded in the relevant act.

In principle, the claim is made in any form. But when writing it, stick to a formal style and avoid inappropriate displays of emotion. The completed claim must be signed, deciphering your data, and indicating the date.

How to convey correctly

The response letter is sent only in writing to the address indicated on the request. Delivered by mail with a receipt confirmation and a list of attachments. Another option is delivery by courier service with delivery to an authorized person against signature.

If the demand from the injured party does not contain a shipping address, check the postal and legal addresses in the contract. If you are corresponding with an individual, then send the correspondence to the address of his place of residence.

The debtor has the opportunity to send a response letter by e-mail (clause 65 of the resolution of the Plenum of the Supreme Court No. 25 of June 23, 2015). When using electronic document management, sign documents with an electronic signature. Using an electronic signature, you identify the person and confirm the fact and date of sending the document in court. And one more thing: take screenshots while conducting email correspondence.

Where can I send a complaint about the lack of hot water supply?

Each homeowner has an agreement with the utility service. This document clearly states the rights and obligations of each party. If there is dishonest fulfillment of the terms of the contract on the part of public utilities, this is a good reason for drawing up and filing a complaint that can bring violators to justice.

If there is no hot water in the apartment, residents can write a complaint to one or several structures listed below:

• Rospotrebnadzor;
• Housing Inspection;
• Prosecutor's office.

To resolve the problem as quickly as possible, experts recommend filing a collective complaint. Appeals received from several residents at once are considered first. If the complaint is of a collective nature, then the owners of apartments where there is no hot water will need to choose 3 or more people. In the future, the so-called initiative group will represent the interests of the remaining residents.

After hot water has been turned off in the apartments, first of all, the very fact of lack of water supply should be recorded. In other words, first of all, you need to call the utility service responsible for the water supply and find out the reason for the shutdown.

Employees of the relevant structure must provide a clear explanation of the reasons for the interruption of water supply and indicate the time frame for eliminating the breakdown. The data obtained will form the basis of the act drawn up by the initiative group. In order for the document to have legal force in the future, the drafters confirm it with their signatures.

It is important to understand that if there is an unplanned shutdown of hot water supply, utility services are in for serious trouble. Violators may be subject to a monetary penalty, and may also be required to pay residents a certain amount as compensation for moral damage.

Emergency telephone numbers

First of all, you need to call the management company office; the phone number is indicated on the back of the payment receipt or on the information stand at the entrance.

Number 112 is also available to complain about water emergencies. Every region, district or town has an emergency response office. It can be found on the city administration website or at a stand in the house.

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