⭐ ⭐ ⭐ ⭐ ⭐ Legal topics are very complex, but in this article we will try to answer the question “How to write off debts for electricity.” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.
In accordance with Art. 45 of the Constitution of the Russian Federation, state protection of the rights and freedoms of man and citizen in the Russian Federation is guaranteed. Everyone has the right to protect their rights and freedoms by all means not prohibited by law.
Writing off debt for electricity
The adopted legislative act by introducing amendments to the law “On measures aimed at ensuring the constant functioning of fuel and energy enterprises” writes off the debt of state-owned enterprises, including those that were state-owned as of January 1, 2011, for obligations to pay for electricity in the amount of 1 July 2011, which is outstanding on the date of entry into force of the law “On Amendments to Certain Laws of Ukraine on the Settlement of Debts for Electricity.
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BP wrote off debts to state-owned enterprises for electricity
In accordance with clause 77 of the Regulations on maintaining accounting and financial statements in the Russian Federation, approved by the Order of the Ministry of Finance of the Russian Federation dated July 29, 1998. No. N (registered with the Ministry of Justice of the Russian Federation on August 27, 1998 No.) TNS Energo NN was supposed to write off the specified receivables for which the statute of limitations had expired.
He also noted that it is precisely due to the existing legal conflict that people cannot always receive subsidies or other social benefits. In addition, citizens often experience difficulties in selling an apartment, having such unwritten debt. Debts of Russians for housing and communal services According to the information presented in the accompanying documents to the bill, currently the total debt of Russians for utilities exceeds 1 trillion rubles. At the same time, as noted, payment of housing and communal services bills is one of the largest items of expenditure for citizens of the Russian Federation.
For what period of debt for housing and communal services do bailiffs withdraw money from a card?
There are several reasons why your salary card may one day be blocked, namely: fraudsters wanted to use your card, and the bank blocked it in order to save your money. The bailiff must search for the debtor's property - including contacting the bank with a request to provide information about the debtor and accounts opened in his name. Credit institutions are required to report such information in full.
Bailiffs are the direct executors of court decisions who carry out collections from debtors within the framework of enforcement proceedings. The activities of bailiffs are reflected in the Federal Law “On Enforcement Proceedings”, as well as decrees of the President of the Russian Federation. Powers of bailiffs in the field of collections from banking structures: Accordingly, bailiffs have the right to withdraw funds from a Sberbank card even without the consent of the owner.
How to write off debts for electricity
What is included in housing and communal services? Your monthly bills for housing and communal services, or HCS, may include: a single payment document EPD, which includes a bill for most housing and communal services. You can read more about how to use the EPD in our instructions; electricity receipt; a receipt for gas if you pay by meter; home phone receipt. It may also include a fee for television or Internet if these services are provided to you by the Moscow State City Network MGTS. Using an online calculator, you can calculate the approximate amount of utility bills at current rates. How are payments for housing and utility services calculated? 2. How to pay for the EPD? Unified payment document EPD is a receipt received by owners of residential and non-residential premises, as well as tenants of residential premises under a social tenancy agreement. It includes bills for most, but not all, utilities and other services. The EPD is sent by the 1st day of each month, and it must be paid by the 1st day of the month following the billing month.
Write off housing and communal services debts: in what cases is this possible?
A bill that proposes recognizing debt for housing and communal services with an expired statute of limitations as hopeless for collection has been submitted to the State Duma. The document was published in the electronic database of the chamber. The authors of the bill were the head of the State Duma Committee on Labor, Social Policy and Veterans Affairs Yaroslav Nilov, deputy Alexei Didenko, as well as senators Ivan Abramov and Sergei Leonov. According to the text of the initiative, it is proposed to supplement the Housing Code of the Russian Federation with a new article “Recognition of debt for housing and communal services as uncollectible.” Such payments are proposed to recognize debts owed by citizens, “the payment and or collection of which is impossible if the court adopts an act, according to which the provider of housing and communal services loses the ability to collect the debt due to the expiration of the established period for its collection, including the issuance of ruling on refusal to restore the missed deadline for filing an application to court for debt collection.” As stated in the explanatory note to the bill, in claims of management companies for the collection of debts for utility services, Russian courts apply statutes of limitations to debts, limiting the amount of debt to the period of formation of such debts strictly within the limitation period - three years. But management companies continue to include in payment documents debt incurred outside the statute of limitations. Since, according to current legislation, the expiration of the statute of limitations is not a basis for writing off debts for housing and communal services, and management organizations are not obliged to remove this debt from payment and other documents,” explained one of the authors, Senator Leonov, whose words were quoted by the press. service of the Federation Council. According to the parliamentarian, keeping illegal and unjustified debts and penalties in payment documents for housing and communal services infringes on civil rights.
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The parliamentarian emphasized that a general decision to write off bad debts would save Russians from having to go through “huge legal processes.” At the same time, there is a limitation period of three years; after this period, it is impossible to collect these debts.
DO YOU MAKE THESE MISTAKES WHEN PAYING YOUR ELECTRICITY BILLS? THEY ARE THE CAUSE OF DEBT FOR LIGHT
19
Augusta,
Wednesday
The guaranteeing electricity suppliers of the Lipetsk region, LLC NOVITEN and OJSC LESK, analyzed the reasons for the occurrence of debts in the receipts of Lipetsk residents and came to the conclusion that many residents of the region are ready to pay for the electricity consumed and become debtors only because they make mistakes when paying bills.
Here are some real stories that help you understand where electricity debts come from.
A Lipetsk resident contacted the energy sales company via the hotline with a question about arrears in payment for electricity. Lipchanin lives in a private house in the village of Kosyrevka. According to the man, he pays for electricity according to the electric meter and does not understand where the debt comes from. After checking the history of readings and payments, it was confirmed that the owner, indeed, transmits monthly readings, but pays for light not every month, but once every six months. All this time, he is presented with bills every month, which the Lipetsk resident is in no hurry to pay - this creates a debt, which increases monthly by the amount of the debt for the previously unpaid period.
Electricity bills must be paid every month no later than the 10th. This will avoid accumulating debt.
The owner of an apartment in a building on Gagarin Street in Lipetsk contacted the electricity supplier through the client’s personal account. The woman was perplexed as to why there was a debt of 5,500 rubles on the receipt, since no one lived in the apartment. As a result of consideration of the appeal, it turned out that the owner of the apartment did not transmit meter readings at her address for almost a year. Due to the lack of indications for the period from January to December 2019, the volume was calculated for the first 3 months according to average monthly consumption, and then according to the consumption standard, in accordance with the law. The outstanding invoices were not paid, resulting in a debt. Lipchanka was recommended to start transmitting her testimony.
If the owner of an apartment or private house does not live in it and does not consume electricity, and does not transmit readings, then he still remains a consumer, which means a bill will be presented. Monthly electricity bills are issued in accordance with the requirements of housing legislation. You don’t have to transmit the meter readings, then you will have to pay according to the invoices issued, the amount of which will be higher than the amount calculated based on the meter readings.
Owners of apartments or households who do not live in their homes permanently or temporarily, just like everyone else, must submit testimony every month before the 26th.
Lipchanka appealed to the energy sales company with a statement that money in the amount of 3,200 rubles of debt for electricity had been written off from her bank account according to a court order dated April 15, 2020 for the period when she was no longer the owner of the apartment with debts. The woman sold her home in 2020. Neither the previous owner nor the new owner informed the energy sales company about the change of owner. As a result, the new owner accumulated debts, while legal proceedings were carried out against the previous owner, and funds to repay non-payments were collected from the bank account of the former owner.
The situation was resolved, the written-off funds were returned to the Lipetsk woman, but time was wasted in providing documents, certificates, and applications for the return of funds, which was impossible to compensate.
To exclude the occurrence of such a situation, it is necessary to notify the energy sales company of the sale or other alienation (donation, exchange) of property (apartment, house, garage) within 30 days from the date of conclusion of the relevant agreement.
Guaranteeing electricity suppliers explained: despite the fact that the debts of Lipetsk residents are associated with errors in paying bills, this category of debtors, until the error is discovered, is also included in the list of those to whom measures are taken to collect non-payments.
“The introduction of a moratorium on the collection of penalties for late payments for utilities, including electricity, as well as on restricting the provision of services in the event of non-payment, made some consumers doubt the need to pay electricity bills every month and monitor the status of the account in order to solve problems on time related to the occurrence of debt by mistake. But we urge residents of the region not to fall into illusions; the government has only temporarily reduced the list of sanctions, but has not lifted them completely. It is still necessary to pay for electricity, transmit readings and inform about the sale of housing in a timely manner,”
– added Andrey Konovalov, head of legal affairs at NOVITEN LLC.
Materials on forced collection are submitted to the court. When collecting a debt for electricity, a simplified procedure for considering the case applies - by court order. Based on a court order, banks can collect money from the debtor's bank accounts. Other methods of collection are also used: seizure of a bank account, deduction from wages and pensions. In addition to the principal amount, you will have to pay additional fees and court costs.
In addition, information about defaulters who have accumulated a debt of more than 30 thousand rubles can be transferred to the border service. Due to debt, it will be impossible to travel abroad. Travel restrictions are imposed by court decision. For such a restrictive measure, several court orders for the collection of debt for utility services in small amounts are sufficient, since debts for housing and communal services are added up.
Debtors may be denied payment of subsidies for housing and communal services. The accrual of benefits to the subsidy recipient is suspended when the utility debt has accumulated for two months. The debtor will not receive payment from the first day of the month following the month in which information about the debt was received. Compensation for utility bills is suspended in full, regardless of what type of service the debt is for.
Violation of the electricity payment schedule also leads to difficult relationships with banks. Non-payment may be reported to the Credit Bureau. Data on debt for electricity not repaid within 10 days after the issuance of a court order for debt collection is allowed to be included in credit histories. The credit history bureau stores information about the defaulter for at least 10 years. Banks check whether a potential borrower has debts to pay for utility services in a unified database of defaulters. If there is a borrower on the list, it will be difficult to get a bank loan.
Finally, having debt creates difficulties when selling a home. For example, the owner of a room in a hostel on Semashko Street in Lipetsk, when preparing documents for the sale and purchase in November 2019, found out that she had a debt in the amount of 20,000 rubles, of which 18,000 rubles was a fine for unauthorized connection after the introduction of the restriction due to debt. As a result, litigation arose. The woman was unable to quickly sell the property, since to complete the transaction she was forced to spend time in court, paying a fine and court costs.
“Today, you can pay electricity bills, transfer readings and inform about a change of home owner in the client’s personal account lkk.noviten.ru from any device: computer, tablet or mobile phone. The online service can be used from home or on the road and is available 24 hours a day. Unlike other payment agents and utility payment collectors, who can charge interest every time you pay an electricity bill, the client’s personal account is a service where the electricity bill is topped up without a commission from a card of any bank. Funds in your personal account are credited to your account without delay. The financial transaction is secure, the data transmission channel is encrypted. You can check your balance replenishment immediately in the “Payment History”. The readings submitted in your personal account go into the electricity supplier’s database and are accepted for calculation without intermediaries. You can check the availability of readings in the “History of readings”. You can inform about a change of owner using the “Ask a question” tab,
– said representatives of guaranteeing electricity suppliers in the Lipetsk region.
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Write off debts for electricity
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How to Write Off Debts for Non-Payment of Electricity
Many debts were artificially created by low standards for the maintenance of common property in some regions. As a result, it turns out that houses consume more than existing standards, and management companies find themselves in debt.
- Intentional evasion of payment of payment receipts, regardless of the reasons.
- Human and technical errors during payment. For example, an incorrect account number was entered or some failure occurred during the banking transaction.
- Incorrect meter readings. Mistakes are often made when transcribing meter readings, so it is important to double-check the numbers before transmitting them. There is also no need to deliberately underestimate the readings; in any case, everything will become clear.
- Incorrect calculation on the receipt. Not everyone double-checks the invoices that arrive monthly in their payment invoices and pays immediately. Do not neglect this, mistakes can have a bad impact in the future.
Disputing debt on utility bills
It often happens that a person does not agree with the payments calculated to him, and therefore there is a need to challenge them. First, you need to contact the management company with which the contract was concluded with a request for recalculation.
If the bill was issued in bad faith, and it is not possible to dispute the amount of debt for utility bills with the management company, it would not be a bad idea to write an application to the housing inspectorate. She will check the activities of the management company and the accuracy of the calculations.
If this does not help solve the problem, every citizen has the right to go to court with a claim for recalculation of the debt on utility bills.
As noted above, debts for housing and communal services for more than 3 years, if the person did not know about their existence and was not properly notified, may not be paid by the citizen.
Electricity debt
After the debt becomes overdue, the citizen has 30 days to make payment without charging a penalty . The accrual of the fine begins from the 31st day of debt occurrence and until the 90th day of delay is 1/300 of the refinancing rate of the Central Bank of the Russian Federation. If after 90 days the electricity bills have still not been paid, the penalty increases and amounts to 1/130 of the refinancing rate of the Central Bank of the Russian Federation.
Offline methods
After the expiration of the statute of limitations, the company has the right to file a statement regarding the debt in court, and the court, accordingly, must accept it. Proceedings are dismissed only if the defendant himself has declared the occurrence of the SID, otherwise the debt will be awarded.
Clause 77 determines that accounts receivable for which the statute of limitations has expired, other debts that are unrealistic for collection are written off for each obligation based on the inventory data, written justification and order (instruction) of the head of the organization and are charged accordingly to the reserve for doubtful debts or on the financial results of a commercial organization.
Can a bank withdraw money from a card to pay a loan?
Either bailiffs can seize and seize funds from citizens’ accounts if there is a court decision, or the banking company itself, in which you have both a debit and a credit account.
As a rule, returns take no more than 10 days. Advice for those who have certain debts and want to avoid unnecessary paperwork and procedural red tape would be to create separate accounts for receiving social benefits.
Please note that if you have a debt with one banking company, then it does not have the right to take away the money that is in another banking company. If this happens, it means that there was a trial, and the bailiffs took over your case.
The debtor may be asked to pay the debt in full at one time, or to enter into an agreement on debt restructuring (usually concluded for a period of 6 months, but can be extended). This agreement is the most advantageous option, since it allows you to pay off the debt over a certain period, in equal shares, and not the entire amount at once.
How to write off your electricity debt
Moscow Free assessment of your situation Good afternoon, Sergey! You need to send to the management company (housing office) servicing this house by registered mail (with a list of attachments) an application for recalculation of electricity and excessively accrued penalties, attaching to the letter copies of payment receipts on your behalf.
Does the debt for electricity remain with the address or with the owner?
I have a rent debt and pay it in part on a monthly basis. The chairman of the HOA came and turned off the electricity before there was no official notification of what to do. You can write a complaint to the housing inspectorate or the prosecutor's office.
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1 answer. Moscow Viewed 637 times. Asked 2020-07-13 15:01:29 +0400 in the topic “Family Law” Please tell me whether the debt for the heating network is written off after 3 years of prescription? — Please tell me whether the debt for the heating network is written off after 3 years. Further
7 years have passed, for the last 2 years they have been sending me letters from the electricity service and threatening to sue me. Thanks for any answer. Answer: Hello. The fact is that electricity is supplied only in accordance with the terms of the contract. So, while the contract was valid, and, in fact, remains so at the present time, as long as electricity is supplied.
Best option to check
Each of these paths requires a certain amount of time to visit offices and make phone calls. In addition, you need to be patient and attentive, which will definitely be needed in the process of clarifying the amount of the debt.
As a rule, debts are the result of subscriber forgetfulness. One of the stumbling blocks is the untimely transmission of meter readings to the energy sales company; many organizations require that they be informed of meter readings on certain days, for example, the 23rd-26th of the current month.
Is it legal to turn off electricity for debt?
First Deputy Chairman of the State Duma Committee on Energy Igor Ananskikh
I agree with my colleague in the chamber that in resolving this situation one should appeal to the norms of the Civil Code. “The consumer will ultimately win the case, but it will take several months, during which he will sit without electricity, since the energy companies are guided by the Government decree,” the parliamentarian stated.
Mikhail Emelyanov, first deputy head of the State Duma Committee on State Construction and Legislation
. In his opinion, it is necessary to correct the current situation at the legislative level, excluding from the by-laws norms that contradict the law.
How debts for electricity arise
Electricity debts are decreasing, but not in the way we would like. It is possible that the agreement with the retention of a penalty was drawn up deliberately by employees of the energy sales company, taking into account the fact that the subscriber will not read every word, and in general does not understand how an installment payment agreement differs from a debt repayment agreement.
How debts for electricity arise
Perhaps you did not submit the meter readings on time, or maybe you simply forgot to write the readings, but as a result, you either have to spend extra money or get nervous when communicating with the management company.
If the defendant refuses to file this application, a lawsuit may result and the defaulting party will be required to pay the bills. The law establishes a certain period, which has no right to be appealed. Utility debt forgiveness can only apply to private individuals. Legally approved conforming status deprives the utility representative of this right.
Where can funds be written off?
Bailiffs, due to their official duties, work closely with credit institutions and tax authorities. With the help of such interaction, bailiffs receive all the comprehensive information about the financial situation of the persons against whom enforcement proceedings have been initiated.
Bailiffs can receive the following information from banks:
- Availability of current accounts of bank clients indicating cash balances;
- Data on other valuables stored in the bank.
To the question: are there banks that do not cooperate with the FSSP and have the right not to provide information upon an official request, there is a clear answer. No. In our country, a substantial fine is provided for a credit institution’s failure to comply with this action.
FSSP employees have the right to write off money from the following financial instruments:
- Salary cards;
- Debit cards;
- Electronic wallets;
- Stock accounts.
In addition, the question has become widespread: do bailiffs have the right to withdraw money from a credit card? Unfortunately yes. Bailiffs have every right to withdraw funds from your credit accounts, thereby paying off your debt obligations.
Bailiffs do not have the right to foreclose on the following income:
- Funds for compensation for damage caused to health or in connection with the death of the breadwinner;
- Alimony payments;
- Social insurance coverage;
- Survivor's pension;
- One-time financial assistance;
- Social benefit for funeral;
- Child benefits and maternity capital and much more.
The full list can be found in the Federal Law “On Enforcement Proceedings”.
Writing off debts for housing and communal services
The issue of debt deserves special attention, especially the writing off of debts for housing and communal services. In 2020, a bill was introduced to solve problems with non-payers, which made housing and communal services debts an important nuance in the relationship between citizens and government services. It is necessary to understand in advance that there is a debt, since the cumulative principle will work: the amount grows, fines are accrued, increasing over the full period of non-payment.
Can debts for housing and communal services be written off?
If the payer’s family falls under the “poor” criterion, it is necessary to contact local social protection or social security organizations. If debts arise and it is impossible to apply for benefits, it is worth reconsidering your expenses and installing meters for your living space: water supply, electricity, gas.
The plaintiff was the prosecutor's office of the Chechen Republic. They considered that demands to pay for utilities could create social tension in society. Thus, citizens will not have to prove the absence of debts to receive subsidies and compensation. The average amount of debt is 92.2 thousand. Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
Legitimate reasons for debt write-off
Any debt incurred must be repaid. However, sometimes there are certain difficulties with this. Thus, the law on debt write-off establishes the following cases in which this becomes possible:
- Complete liquidation of the legal entity that holds the debt.
- Bankruptcy of the debtor in accordance with the procedure established by law.
- Loss of ability to work as a result of severe physical injury, serious illness or other circumstances, resulting in the person being unable to work any longer.
- After 3 years, the statute of limitations expires. This is the basis for a person not to recognize the accumulated debt. This rule applies if the citizen has not previously been notified of the presence of unpaid payments or there is no document confirming that the fact of the existence of the debt was brought to the knowledge of the person behind whom he is registered.
- Write-off of utility bills due to the death of the debtor. However, this obligation remains until the fact of the payer’s death is properly registered.
Thus, situations in which debt is written off are not very attractive for the debtor himself. However, other options are not provided for by law. Therefore, for those who are wondering whether it is possible to write off debts for utilities under any other circumstances, a negative answer awaits. They will have to be repaid.
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