Concluding an agreement on repayment of utility bills


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STATEMENT

Please provide a deferment/or installment plan [1] for repayment

(cross out what is not necessary)

debt in the amount of ________________ rubles (_____________________

(amount in figures) (specify amount

____________________________________________________________________

in words)

_________________________________) rubles for a period of __________ months.

______________ _______________________

(date) (signature)

What can result from non-payment of debts for housing and communal services?

If you do not pay the debt and do not take measures to restructure it, the debtor will receive a subpoena - RSO and Criminal Code have the right to file claims and collect the debt forcibly with the participation of the bailiff service.

If you refuse to comply with the demands of the bailiffs, your property (bank accounts) will be seized, your travel abroad will be restricted, and your movable property will be confiscated (household appliances, vehicles, etc.). For particularly persistent defaulters, in exceptional situations it may lead to confiscation of real estate.

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Payment of interest by installments

The installment plan is provided on the terms according to which the citizen transfers a certain amount every month for 12 months. A percentage is set for the provision of the service, which depends on the refinancing rate developed by the Central Bank.

The management company cannot charge more than 3% commission. Drawing up an installment agreement does not prevent a person from paying the debt ahead of schedule.

Interest is transferred regardless of whether the card is used for payment or cash is deposited. In the first situation, the bank may charge an additional commission.

Comments on the document “Agreement on repayment of debt for utility bills”

Personal message | Reply 0

5

Natalia

Status: Client

07/02/2013 at 12:51:57

Thank you.

Reply 0

Tatiana 08/22/2014 at 19:11:58

thank you everything is clear clearly compact

Reply 0

Natalia 08/28/2014 at 14:00:16

Good afternoon. I have arrears in paying utility bills in the amount of 60,000 rubles. Last Tuesday I went to the Management Company to decide on the debt repayment period. The deputy director told me to pay within three months. They said that they would call me back within 2-3 days to pick up the agreement. But there was no call, I went yesterday myself, the agreement was not ready. I decided to talk to lawyers about repayment, since I am a mother of many children (4 minor children and a one-year-old grandson), I am raising children alone, I do not receive alimony, and I am on maternity leave for a child up to 1.5 years old. With all this, my income is 11,000. What should I do?

At the Management Company, the lawyer informed me that, by law, the agreement is drawn up for no more than 3 months.

Reply 0

5

Anna

09/15/2014 at 10:42:37

Thank you very much

Reply 0

Maria 12/17/2014 at 23:33:37

Please tell me whether the agreement concluded between my mother and the housing and communal services regarding the repayment of debt is valid, if my mother is not the owner and is not even registered at this address. And can a judge grant a statute of limitations in a claim based on this agreement, if my mother has already been included in business?

Reply 0

Julia 11/24/2015 at 09:22:05

Very correct and specific!! Thanks a lot

Reply 0

5

Oksana

11/28/2015 at 11:50:43 pm

Thanks a lot! Very useful article!

Personal message | Reply 0

5

Lyubov Sergeevna

Status: Client

01/14/2016 at 18:20:01

yes, thanks, the document helped us

Reply 0

5

Nina

01/24/2016 at 05:26:25

Yes, it's useful. For now, I will be writing an application for installment payment for electricity debt. But the sample Agreement also needs to be studied in order to be “savvy” in the future.

Reply 0

4

Fedor

02/17/2016 at 06:54:10

Thank you, everything is laid out on the shelves, it will come in handy.

Reply 0

5

Olga

05/30/2016 at 12:34:14

GOOD SITE!!! You can find EVERYTHING USEFUL and read and download FORMS! THANK YOU!!!!!!

Reply 0

Alexei 02.09.2016 at 15:17:14

Hello, the document is very useful and well written.

I have a question. According to the condition, the citizen was in the MLS for 5 years.

All this time, he regularly received receipts for payment of housing and communal services, although he was in a completely different place and lived there, accordingly, he did not use any of the services presented for payment and this is documented (certificate) confirmed). Moreover, a priori he was not able to pay all these years. Not on a whim.

Accordingly, in the end there is a debt of 50 thousand and it is unknown how and with what to pay it, it is too early and it is not clear what to pay for, in fact. What would be the smartest thing to do in such a situation?

Reply 0

Lyudmila 04/07/2017 at 10:32:35

very useful...thanks to the developer....

Reply 0

Anatoly 07/19/2017 at 14:55:58 reply to Natalya

The management company has the right to refuse to enter into an installment plan agreement without specifying any reasons. The deadlines are also set at the discretion of the management company.

Reply 0

5

Daria

07/28/2017 at 10:22:42

Thank you, good copy

Reply 0

Alexander Likhachev 11/16/2017 at 12:00:21

Yes, of course, I specifically sent a request to the Internet to see a sample debt settlement agreement. so as not to invent it yourself. The neighbor asked to take it to the energy supply. Thank you. The advantage is that the agreement is accompanied by a statement to the Criminal Code and a debt reconciliation act, which most people do not know about.

Reply 0

5

Svetlana

03/14/2018 at 15:59:56

Thank you, everything is simple and accessible

Reply 0

5

Alexei

04/04/2018 at 13:26:30

Helpful information.

Thank you very much for your work.

Reply 0

Lydia 04/12/2018 at 03:33:13

Thank you. The document is useful.

Reply 0

Vitaly 09/27/2018 at 06:32:26

Very useful document

Reply 0

Malika 09/30/2018 at 14:11:21

thank you very much helped

Reply 0

Andrey Sergeevich 02.11.2018 at 14:37:38 reply to Natalya

By writing this agreement, you agree to pay for utilities out of your own pocket, and therefore undertake to pay the bills in accordance with this agreement. But if the agreement is not provided, then there is no need to pay, since everything has long been paid for from the federal budget of the Russian Federation. This piece of paper is not casual and not to make life easier for gullible citizens. This document is only needed by your Management Company so that they can legally (with your consent) continue to collect fees from you. Do not fall for this scam of housing and communal services scammers under any circumstances!!!

Personal message | Reply 0

Natalia

Status: Client

11/13/2018 at 09:43:38

Thank you very much. Very comfortably

Personal message | Reply 0

4

Ilya

Status: Client

01/28/2019 at 19:47:05

Is it possible to fill out documents online to receive subsidies to pay off the debt for utility services? I am disabled in group 2

Reply 0

5

Julia

06/14/2019 at 14:56:27

thank you so much for saving time!

Reply 0

5

Valya

08/08/2019 at 10:09:35

This helped me in my work, thank you.

Reply 0

Olga 08/29/2019 at 02:00:07

thank you, it was very helpful, I would also like a sample for providing the accrual of debt and penalties

Reply 0

5

Andron

10/27/2019 at 14:08:52

Very convenient service

Reply 0

5

Catherine

07.11.2019 at 15:45:10

Good contract form

Reply 0

Victor 11/19/2019 at 14:35:41

Thank you! All clear!

Reply 0

5

Alicia

11/25/2019 at 10:40:00

a huge help for the chairman of the MKD

Reply 0

VALENTINE 12/25/2019 at 12:34:00

VERY EFFECTIVE AGREEMENT THANK YOU

Reply 0

5

Yuri

02/18/2020 at 15:34:59

Thank you very much

Reply 0

5

Natalia

05/19/2020 at 10:16:09

Thank you. Exactly what is needed

Reply 0

Vchcheslav 06/13/2020 at 09:23:40

document format is correct

Reply 0

Elena 06/22/2020 at 14:20:54

Hello. How many years should a management company keep the agreement it enters into with a tenant to pay for utilities?

Reply 0

5

Valery

09/24/2020 at 05:57:15

Very cool and professional! Thanks a lot!

Reply 0

5

Eugene

10/14/2020 at 17:32:30

the samples were helpful

Reply 0

5

Valentina

03.11.2020 at 11:31:16

Thank you. All clear.

Reply 0

5

Oksana

11/16/2020 at 10:20:29

I often use the website dogovor-urist.ru. Always useful and relevant information. The site is for the benefit of both ordinary citizens and professional lawyers. And calculation calculators are just a lifesaver. Thank you.

Reply 0

Raisa 12/10/2020 at 05:34:23

good example. all clear

Reply 0

Faina Fedotova 12/22/2020 at 08:44:31

And, if the debt is 200 thousand rubles, is it possible to conclude an agreement.

Reply 0

5

Tatiana

04/05/2021 at 10:57:11

Everything is clear. Clear. Correctly.

Installment rules

Government Decree No. 354 of 2011 provides that a citizen is given the opportunity to pay off debt within 12 months. The owner of the premises is required to make the first payment in the first month of receiving a positive decision on the application.

Despite the fact that the amount of interest accrued for the use of such a right is prescribed in the current legislation, this indicator may have a reduced expression if compensation is transferred to the performer by regional authorities.

The appointment of installment plans is the right, not the obligation of the management company. For this reason, the Criminal Code may refuse if it believes that the citizen is an unscrupulous payer. The opportunity under consideration is most often provided to persons who have previously consistently paid bills on time and have not abused their rights.

If, during the term of the installment agreement, a citizen wishes to cover the entire amount of the debt in one payment, the document ceases to be valid.

Who applies for installments and how?

In addition to the situation related to the fact that over the last year there has been an increase in the cost of services in the housing and communal services sector by 25%, a citizen can count on installments if other circumstances arise.

Such grounds for establishing relief include the fact that a citizen loses the ability to pay bills, which results in the formation of debt. The agreement with the debtor will be drawn up by the company that provides services in the area in question.

Due to the fact that this type of installment plan is not mandatory, if the Criminal Code refuses to provide it, it will not be possible to obtain relief when applying to a judicial authority.

Initially, the contract must include all the conditions that apply when granting a deferment and paying off debt. In addition, information about the installment plan is written down in the receipt, in accordance with which payment for resources is made.

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Refusal to provide installment plan

If the grounds for applying for installment plans are reflected in Government Decree No. 354 of 2011, then the management company cannot refuse to use this service. If a negative decision is made, the citizen has the right to appeal it when applying to a court.

When the reason for the installment plan is not related to legal grounds, the management company may refuse. In such a situation, it will not be possible to appeal the refusal.

Thus, installment payments for housing and communal services are provided based on a citizen’s application. Debt payment is made within a year. For using this service, the owner of the residential premises is obliged to pay interest. The amount of the commission is negotiated with the management company, but cannot exceed 3%.

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Application for installment payment for utility bills

In order for your housing and communal services or management company to issue you an installment payment plan, you need to write and submit an application. The application is submitted to the organization that serves your business or home. The application must indicate the following:

  • name of the parties (organization, address) in the case of a business, the address of your organization, if an individual, then full name, address, contact information;
  • in the application itself you should indicate on the basis of what rules or regulations you decided to use installment payment for services, that is, provide an extract from the legislation;
  • indicate the period for which you want to ask for an installment plan indicating monthly payments (it should be noted that the law establishes a mandatory installment plan of 12 months if the size of the installment plan exceeds the last year’s period by 25% or more, and the law also provides for a contractual deferment, for example, parties to under certain circumstances they can agree among themselves when and in what amount to pay them;
  • the reason why payments cannot be made on time;
  • application (this may be supporting documents of your position, a copy of the work book, a medical certificate, a doctor’s conclusion that you need to undergo a course of treatment, sick leave).

The applicant can also meet with the head of the housing and communal services or management company, in the case of a contractual relationship, to agree on an installment plan, or the boss can contact you himself while the application and documents are being considered. Based on the law, consideration of the application is 5 working days from the date of its receipt.

How to apply for installment payment for utility bills?

It is better to submit the application in two copies, so that one of them bears the organization’s mark for you, which will confirm your application. After reviewing the application and documents, as well as a conversation with the head of the organization, if the decision is positive, an agreement or contract for the provision of installment plans will be concluded with you.

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Consequences of non-payment

According to Russian legislation, all citizens who own housing or live in municipal real estate and use public utility services are required to pay for them.

Not all owners and tenants are conscientious, and therefore the occurrence of rent arrears is a phenomenon that will not surprise anyone.

  • The main reasons for the appearance of debt on utility bills:
  • A difficult financial situation in the family, when there is not enough money to pay for the provided utilities.
  • Low quality of services provided or inflated tariffs, as a result of which citizens believe that they have the right not to make payments.

Deliberately ignoring payments for housing and communal services in the hope that the debt will be written off in the future.

You can talk about the presence of rent debt if you have the appropriate documents confirming this fact:

  • Agreement for the provision of utility services with signatures of both parties.
  • Certificates of services rendered with signatures.
  • Accounting documentation.
  • Decree on debt collection.

There are a number of methods by which utility employees deal with non-payers. Periodically, they check the payment, as a result of which debtors are identified who have not paid the receipt within one to two months. They are talked to about the need to pay off the debt.

If there is no result, management companies move on to more serious measures:

  • Calculation of penalties on the amount of debt.
  • Issuing a warning about the immediate restriction or termination of the supply of utility services. A complete refusal to provide services is possible if the tenant does not pay the debt within 30 days from the date of receipt of notification of the debt.
  • Going to court.

A court order to collect funds from the debtor gives the right to start working as bailiffs. Employees of the enforcement service seize the debtor's property, that is, an apartment or house, and sell it through auction. The funds received are used to pay off the debt, the remainder is given to the owner of the property.

Eviction of a debtor from a home is possible if it is not the only one owned.

An important point is notification of the debt. If the owner or tenant was not promptly notified by the management company about the possible consequences, then he cannot be limited in the use of public services. This means that the notice must be sent by registered mail with confirmation of delivery required.

As for disconnection from the resources provided, this is most likely in new high-rise buildings. In older houses this is often not possible.

The best way out of a situation where utility debt arises is to solve the problem peacefully. Possible options in 2020:

  • Immediate deposit of the entire amount of debt into the account of the management company.
  • Concluding a debt repayment or restructuring agreement.
  • Waiting for a period of 3 years, after which it is possible to write off the debt, provided that the utility companies do not go to court for forced collection.
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