OPSOS. Is it worth the fight, or is it better to pay?

Question

Telecom operators

The situation is this:
I had a MegaFon modem. I used it and paid well. And then I decided that I didn't need it. The modem was thrown somewhere and did not remember about it.
About six months passed and they sent me a letter stating that I owe money (a little, about 1400 rubles) and that my case was transferred to a collection agency. They ask you to pay.
And the thing is that when the account runs out of money for the next month, Megafon turns off the Internet and! Attention! takes money for the next one. Those. automatically we get -700. Another month passes without the Internet, but already in the red, and another 700 are rented. Thus, already -1400. For two months I do not even get the modem. I don't even really know where he is. And, apparently, only by the third month the SIM is blocked.
It turns out that they took money from me for services not provided. The question is, is it worth it to sue them, and what can I prove? Or is it better to pay these 1400 and forget about them?
Money is not a pity, but the truth is more expensive :)

Answer 1

I think if you have time, you should contact the consumer rights service. They should consider your question for free, because. This is a service and you are a consumer.
In fact, the service was not provided to you, and the funds were withdrawn. Regardless of how the contract is drawn up with you, they have no right to demand money for services not rendered.

Answer 2

Take an account statement and contact the consumer protection society. They are trying to steal money for services that they did not provide, which is illegal.

Answer 3

All sorts of STD societies are a dead poultice.
a) Ignore collectors - you have no relations and no contracts with them. If they run into - a statement to the police.
b) Appeal to Rospotrebnadzor - at least they will give an answer by which one can judge the prospects.
c) Read the contract.

Answer 4

The answers above have a reasonable grain. You can try to solve the problem by a personal visit to the company's central office (if you live in a large city). If there is no office, there is a form of contacting the operator on the regional website of the OPSOS, for example moscow.megafon.ru/faq/ask/
Really checked - they read messages, call back and try to calm them down in a sincere voice and apologize a lot))

Answer 5

Do not prove the truth IMHO. The contract states that the subscription fee is charged regardless of the use of services. But the availability of services somewhere is motivated by the fact that they are provided only if there is a positive balance, those monthly fees with de jure services are different things, although everyone understands that de facto they are one and the same. Judging will be more expensive

Answer 6

I had this with a regular provider, I stopped using it for a long time, and then the bill came.
but the provider turned out to be adequate, they asked me to write a piece of paper for a certain “recalculation” - they counted it, raised the logs, it turned out that I didn’t use it, they wrote off my debt and I closed the contract. spent only money on a minibus to the provider's office and back.

Answer 7

If the contract is drawn up with violations of the law, the prosecutor's office cries for them.

Answer 8

I had a similar experience with an ISP. Everything was decided by a conversation with technical support (seemingly lucky) in my favor, although the amount was a little less. I advise you to contact the consumer protection service, since you have not used the service and this is confirmed by Megafon itself.

Answer 9

If we lived in a state of law, it would be enough to prove that the service was not actually provided and, at a minimum, reduce everything to zero, or even demand moral compensation.
As for collectors, I have experience working with their Ukrainian "colleagues". I don’t know if the author will raise a commotion over such an amount, but the scheme is simple: usually collectors in their letters do not provide any documents transferring the right to a debt. The second hole - in the contract with the operator, most likely, it is not indicated that they can transfer debts to third parties. That is, there is pure extortion. An organization with which no contracts have been concluded with me personally is demanding money from me. Next is the police statement. And our militia works according to the principle “whoever gets up first gets the slippers”. If not, try to bring the case to court. There you can also play well on the moment that a third person, incomprehensible to anyone, demanded a debt. If the district court, then already such a moment will give a plus in your favor. And all appeals-cassations such decisions, as a rule,

Answer 10

I apologize in advance for the archeology, but ...
Today I received a letter from a megaphone asking me to pay off the debt. I used the same modem, then the need disappeared, I didn’t want to turn it off (what if I still need it?)
At 0500, the girl explained something about the rules for writing off the subscription fee, and that if the balance is even slightly positive, the subscription fee will be written off in full, but if, after debiting, the balance is at least slightly negative, access to communication services will be blocked.
I don’t have an agreement on hand now, but in any case, I should look at the subject of “advance payments”, plus: Decree of the Government of the Russian Federation of September 10, 2007 N 575 “On approval of the Rules for the provision of telematic communication services” (with amendments and additions)- here you can read an interesting document, and pay special attention to paragraph 32, where, among other things, there are interesting lines:
The telecom operator is not entitled to demand a fee for the provision of telematic communication services for the period during which the provision of telematic communication services was suspended in accordance with the legislation of the Russian Federation.
That's just about the legislation is not very clear ... Can someone competent explain?

Answer 11

At best, you will not pay these 1400, but it will take a lot of time. On January 26, 2011, there was a program “Habitat” on ORT, which partially touched upon such issues and how to act in such situations.

Answer 12

I think at least you can call the OZPP and consult. According to the results, it will be clear whether it is worth fighting further or not.

Answer 13

Familiar situation. You have 2 options:
1. To score on a megaphone. Usually 1-2-3 letters come and then no consequences (at least true for amounts up to 3500r =) checked! ). The case for the operator is obviously a losing one (especially if there were no services a la “credit of trust” connected ..), therefore no one will sue you. Keep in mind, if you have or receive a SIM card from a megaphone (registered to you), then funds will be debited from your personal account until the “debt” is repaid.
2. Argue and prove that you are not an elephant. Most likely it will be unsuccessful, but you can try to roll up to the central office and explain the situation to someone with an IQ> 70. (It didn’t work out for me with MTS, I had to score.)

Answer 14

I had a one-on-one situation (with receiving letters from collectors), with the only difference being that I took the modem for a month while I was on a business trip - I decided everything by calling Megafon support, I explained the situation (I was passing through the city and beyond I couldn’t use the modem at all, so it’s unreasonable to take it from me) and the debt was written off. Although the operator girl first spoke about a personal visit to the office, which I, for obvious reasons, could not go to.

Answer 15

Here it is necessary to hit Megafon's managers on the head.

Answer 16

Don't you pay. Collectors will not do anything to you, but if the megaphone had good chances in court, they would not stutter about collectors.

Answer 17

There was a similar case with MTS. I came to the office to figure it out, and they also began to hang noodles on me about the monthly fee. She asked me to show the contract with my signature, where it would be written in black and white about the subscription fee. The manager left for a claim form, wrote a claim for illegal debiting of funds - and they didn’t bother me anymore.
According to the Civil Code, the contract must contain the essential terms of the transaction - in particular, the amount and method of payment. Without this, they will not be able to collect anything from you.

Answer 18

Oh, and one more thing: collectors do not have the right to collect something before a court decision has been made. They may ask, they may not. So you can send them on foot erotic.