How to recover funds for uncompleted work

How to recover funds for outstanding work, if the contract for services was not signed. The problem Viktor Samsonov, entrepreneur, owner of online store (Kharkov): "I opened an online store and gave it to the local CEO, the company to advance in search engine rankings. I promised to "unleash" it until the 15 th position in Google within two to three months. During this time, I regularly translated into the account of the organization specified amount. But three months after the promised results did not wait, but instead received an oral statement from the management company that for the full promotion of the online store they need another six months, which of course does not suit me. Now I think about how to return the money listed. Unfortunately, the situation is complicated by the fact that, by its negligence service agreement I signed was not, and all our co-operation was performed on the basis of a verbal agreement. Their proposed acts of acceptance, I also did not sign, but I still have all of our business correspondence. "Evaluation of the situation Elena Sitarchuk, a partner at the law firm first legal review:" Under current law, the transaction may be made orally or in writing. In this case, writing obligatory, if committed by an agreement between two entities, either physical or legal person (other than those executed by the parties at the time of their commission), or between individuals in excess of 340 UAH 00 kopecks. The main legislation governing contractual relations • Civil Code of Ukraine • Commercial Code of Ukraine, however, the transaction is concluded in writing if its content is displayed in one or more documents - letters, telegrams exchanged between the parties. Also, if the will of the parties expressed by teletype, electronic or other communication method. Thus, in this case, the service agreement would be signed by the parties in writing. This may have happened if the two sides exchanged the relevant letters (including electronic), telegrams, messages, transmitted by facsimile. And in these letters (messages) displays the contents of the contract, that is, the rights and obligations of the parties. If the service agreement has been concluded orally, it is not evidence of its invalidity, but only complicates the proof of fact of his detention and the duty of the Executive to perform certain actions within a specified period ("spin," an online store is within three calendar months, instead of eight). In this situation it makes sense to apply to the Executive with a written complaint in which to express the claim for reimbursement of expenses incurred by the customer (ie the owner of online store), for breach of the executor of the deal. In case of refusal the Executive voluntarily resolve this conflict is the customer has the right to apply to court for damages caused by improper performance of obligations. In this case, the customer is not deprived of the right to request a refund of real losses (losses incurred by the customer, as well as the cost of the restoration of their violated rights), and lost revenue (revenue that the customer would receive if his rights were not violated). It should also be borne in mind that legislation imposes on the plaintiff as a duty to prove the amount of damages and a causal link between the breach of the obligation performer and causing damages to the customer. However, when the contract orally to do so will not be easy. "Recommendations Oksana Makhlaev, lawyer UK," Tarasov & Partners: 'Such situations often occur when entrepreneurs do not make out their relationship documented as required by the Commercial Code (HC). In this case we have the relationship that emerged between the two business entities: one party - the entrepreneur, an online store, the second - the organization (legal person), to provide certain services. In accordance with Article 67 of the HC ratio between enterprises, organizations and citizens in the sphere of economic activities carried out under the contract. As a general rule contracts are concluded in the form of a single document signed by the parties and sealed. But the Commercial Code allows a contract simplified way, namely the exchange of letters faksogrammami, telegrams, telephone messages, and by confirmation of acceptance to the execution of the order, unless the law has special requirements for the form and order is signed. It should also be borne in mind that legislation imposes on the plaintiff as a duty to prove the amount of damages and a causal link between the breach of the obligation performer and causing damages to the customer. However, when the contract orally, this would be difficult in this situation the parties do not execute the contract as a standard single document that did not sign the acts of acceptance, not shared by whatever was the letter, an application that would confirm the emergence of economic relations, then There are actually (and documented) the contractual obligations between the parties arose. And if the aggrieved party appeal to the court for return of funds paid on the basis that the organization had been poorly performed some work, it will be difficult to prove that these works generally have been satisfied. But there is a caveat. The aggrieved party official translation into account, the CEO of the company some money. I would recommend at this time the owner of an online store to apply to this company with an official letter demanding the return of mistakenly listed on her bank account funds. There is a practice where the courts to satisfy claims with such a requirement on the grounds that the organization that received money, keeps them from themselves without adequate legal basis. Indeed, in this situation, the victim would be difficult to prove the existence of contractual relations. Contract is not signed by the acts of the work done, too, and there is no correspondence. I think the reaction from the "raskrutchikov" will follow immediately, if they understand what they do may face. "Not in favor of the victim sometimes even signing a treaty does not provide complete protection from unpleasant situations. There was a case where the performer and the customer signed a contract for the construction of the SRT the contractor has received the advance and began construction work. Service Station was completed on time, after which the singer appealed to the customer in order to pass the building. But then the fun began. The customer refused to accept work, moreover, rejected the agreement, and filed for the Executive in the court for delay in delivery, although all work was completed on time. It may seem surprising, but the economic court, after considering the case ruled in favor of the customer, even though there was no scheduled review. loser has filed an appeal, but there was defeated. The Court of Appeal generally acknowledged the agreement concluded. The trial was conducted without notice to the Executive, where it was also decided that he should return the deposit, and all his accounts and property were arrested. Thus, in the framework of the law was implemented raider attacks.