Provider debt. Do you pay?

Question

Notifications

Dear habrosoobshchestvo, the opinion of more or less legally savvy people is of interest.
I used the services of the provider dom.ru, moved out of the apartment and somehow forgot to disconnect from them. Now they call every day and ask to pay the debt. It’s not a pity for me to pay, but it became interesting whether they legally allow you to go into the red like this.
There is an agreement kazan.domru.ru/sites/default/files/node-file-files... where point 7.3
7.3 is interesting. The use of the Communication Services of the Communications Operator can be carried out by the Subscriber if the balance of the Subscriber's Personal Account is not negative
(information about the status of the Personal Account, as well as statistics on the consumed Services and expenditure of funds from the Personal Account are available to the Subscriber regardless of
the status of the Personal Account on the websites of the Telecommunications Operator, if the Telecommunications Operator provides such an opportunity to the Subscriber), unless otherwise provided by the
relevant Order and/or this Service Description.
That is, with a negative balance, I could not use their services, but should I pay for them?

Answer 1

Ask them if they have a license to lend to individuals. And at the same time: is there a clause in the agreement on granting a loan to the user.

Answer 2

In controversial situations, like this one, I always recommend sending such “smart” three letters to the court (well, where did you think, too). Believe me, the legal costs will be much more than the payment for a service that you did not consume / did not order. Read the contract, most likely, they do not have the right to demand your “minus” from you due to the lack of credit rights. After such a statement of mine, everyone lags behind instantly.

Answer 3

If you bill for the Internet, you, of course, are not obliged to pay for unused services (in extreme cases, it is enough to write a statement to make a recalculation). If the tariffs contain a fee for the actual costs of the provider (maintaining the port / subscriber line) and only it is taken, then it is already more difficult. At the time, I never found a reason to give it up.

Answer 4

I have been in the same situation several times. You don't have to pay anything.
In order to end the relationship with the operator, it is enough to write an application for termination of the contract for the provision of services, demand a refund of the money that remained on the account before it went negative and explain the situation with the negative balance (indicate that the service was not used and under the write-off agreement in minus or credit services were not provided).

Answer 5

With MGTS the same devilry. We disconnected from them, and they flooded us with letters threatening court.
Ugly soviet company in every respect. I advise you never to contact them.
They refused because the bill from them came by paper mail. The mail could go for 2 months (from Moscow to Moscow!) and our phone was turned off. Moreover, 2 times we received a letter with a threat before the bill itself. :)

Answer 6

Alas, but the judicial perspective is not clear to me personally. The reason for the ambiguity is the lack of one word in this paragraph. The word is "only". Read "your" version and mine:
7.3. The use of the Communication Services of the Communications Operator can be carried out by the Subscriber only if the balance of the Subscriber's Personal Account is not negative ...
If you can prove to the court that this word was implied (and that the provision of the service is equivalent to the possibility of using it) - there is a chance to win and even get money from above . You can't, alas...