How is a claim letter written? Features of the document Claim sample filling. Important nuances when compiling. How to submit a claim? Response time.

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A well-written appeal will help resolve any dispute before the court

Unlike a statement of claim and a complaint, a claim is a tool for resolving a conflict between the parties before applying to public authorities.

If your rights are violated or legitimate interests are affected, you can send your claims to the guilty person, trying to resolve the problem peacefully. This method is applicable in a variety of situations: when buying defective goods, providing services of inadequate quality, obtaining insurance, dealing with credit institutions, and many others. In all cases, you have the right to notify the violator of your demands, hoping that he admits he was wrong and agrees to resolve the issue out of court.

Claim types

A consumer and civil application, depending on various criteria, may have one of the following classifications:

By content	By type of contract	By addressee
● About the replacement of goods with a similar one. ● About the return of the purchased goods with compensation for the full amount of funds paid for it. ● About warranty repair. ● On the correction of errors and shortcomings that were made in the provision of services. ● On termination of the contract due to violation of its terms.	● Provision of services. ● Purchase and sale. ● Performance of a certain type of work.	● Bank. ● Carrier. ● Developer. ● Seller. ● Supplier. ● Insurance company and others.

A special kind of complaint. This type of claim letter is submitted when one of the parties is not satisfied with the cooperation with the other. The rules for compiling a claim of this type oblige to record in it only those requirements that comply with the terms of the contract.

Pre-trial claim is your will or duty

The desire of the victim to resolve the conflict peacefully is quite understandable, because in this case:

• the terms for resolving the issue are reduced, the requirements of a material nature will be satisfied faster;
• there is no need to prepare a package of documents that is mandatory for submission to a public authority;
• there are no additional costs in the form of payment of state duty, examination costs.

You always have the opportunity to try to deal with the violator by specifying your requirements in the claim.

If in your appeal you refer to evidence of your innocence, it will be more profitable for the other side to resolve the situation peacefully, without unnecessary noise.

If earlier the claim procedure for resolving disputes was at the discretion of the affected person, then since 2016 the Civil Code of the Russian Federation has been amended to make the procedure mandatory under certain circumstances. In Art. 4 of the Arbitration Procedure Code of the Russian Federation states that civil cases are accepted for consideration by the court only after 30 calendar days have passed after the claim was sent to the violator. This applies to economic disputes, when the result of satisfying claims is the transfer of funds or material values.

The claim procedure does not have to be observed if the essence of the issue is:

• in determining the circumstances of the proceedings that are of legal significance;
• in declaring an organization, private entrepreneur or citizen bankrupt;
• in resolving a corporate conflict;
• in protecting the interests and rights of a group of people;
• in the implementation of proceedings based on a court order;
• in supervising and facilitating arbitration in relation to the work of arbitration tribunals;
• in recognition as valid and accepted for execution of decisions, acts and other legal acts issued by the authorities of foreign states.

Also, a claim procedure is not needed if representatives of federal and local governments apply to arbitration in order to protect the public interests of people and organizations.

If, in the cases specified in the legislation, you have not passed the mandatory procedure for the peaceful settlement of the conflict, the acceptance of the statement of claim will be refused.

What does "prejudicial" mean?

In this case, the name speaks for itself. A pre-trial claim is what precedes a lawsuit. Through a claim, the claimant declares to the counterparty that he intends to protect his rights through the courts, but at the same time provides the counterparty with the opportunity to correct the situation voluntarily.

Why do you need a pre-trial claim

It has already been said above that the pre-trial procedure for resolving disputes can be regulated both by law and as a result of agreements between counterparties.

At the same time, the law does not prohibit filing a claim in any dispute, even over strained relations with neighbors. In any case, the letter of claim will be weighty evidence in the trial.

Thus, the purpose of a claim as a legal document is to record the fact of violation of the rights of the claimant. At the same time, the claim fixes the time of applying for the restoration of the violated right. That is, the presentation of a written claim suspends the running of the statute of limitations. This is very important with a limited appeal period. For example, the return of defective goods is possible within 14 days from the date of purchase. If the buyer sends a claim to the seller during this period, then from the date of its filing, the 14-day period stops and remains valid for the entire period of the dispute.

Claim as evidence in a civil case

This document confirms the fact that you tried to resolve the conflict without using the tools of forced resolution of the issue. In order for it to be accepted for consideration by the court, it is necessary to follow a number of rules in its preparation.

The claim is made in writing. The legislation of the Russian Federation does not provide for a specific sample document. The form of a regular business letter is taken as a basis, which contains:

• data of the addressee and sender: name, surname, patronymic or name of organizations, their addresses, contact information;
• the name of the document, directly indicating its purpose;
• the basis on which the parties to the relationship have mutual obligations that have become the cause of the dispute. This may be an agreement, the commission of any action;
• indications of the provisions of normative acts that regulate issues in the area under consideration;
• the requirements of the person who filed the claim;
• response time;
• notification of filing a claim in the absence of a response to the message.

Practice shows that the favor of the court is ensured if the plaintiff has attempted to resolve the dispute amicably, even in cases where the procedure is not mandatory.

Requirements in the claim must be clearly worded and the exact deadline for execution. You must be aware that any of them must be supported by evidence. If there is no written evidence, then oral testimony of witnesses will do. The term for satisfaction of claims must be set real, not too burdensome for the defendant.

It is important to indicate the exact amount and bring its calculation. It differs in different situations. As a rule, the price of unfulfilled obligations of the debtor, which is subject to return, is taken as a basis. It also indicates: compensation for the costs associated with the preparation and sending of a claim, the amount of penalties and other payments indicated in the contract or legislation.

When drawing up a paper, you need to focus on a possible appeal to the court. The content of the claims and the amount of monetary compensation must match those that will be indicated in the statement of claim. Otherwise, the state authority will refuse to consider the case or satisfy the claim only partially.

If the defendant has not responded to the claim within 30 days, feel free to apply to the court by attaching a copy of the document to the statement of claim. In this case, you still need to prove that you actually sent the requirements.

You can send a message in three ways:

• the most reliable option is to hand the claim in person against receipt, but it is often difficult to implement;
• the second way is to send the document by mail, the letter must be registered with a notification of receipt by the addressee;
• the third is to forward the claims via e-mail, but this is the least reliable, since not all courts accept a computer printout as evidence.

If any documents related to the essence of the requirements are attached to the claim, it is necessary to indicate in the text of the document that they are applications

In the case of sending a package of papers by mail, an inventory of attachments to the letter should be drawn up.

To whom to entrust the writing of the letter

In enterprises and organizations, the function of writing letters of complaint most often falls on the legal adviser, the head of the department whose interests are directly affected, or, much less often, the secretary or personally the head of the company. At the same time, the most important condition is that the compiler of the letter has an idea of ​​​​civil law relations and other norms of the legislation of the Russian Federation and knows how to correctly use them when writing claims.

Document Features

The claimant can be either a simple person or an organization. It is sent to individuals, enterprises or state, municipal organizations.

The claim is of a business nature. All the facts are stated dryly, without emotions, clearly in chronological order. The document must contain references to legal documents that prove the fact of violation of the applicant's rights.

Please note that a claim and a complaint are two different documents. Of course, they are similar to each other, but they also have significant differences. The claim is considered the last chance for the person who violated the right to fulfill the requirements of the applicant. Otherwise, the claimant will go to court to resolve the dispute.

Important

If, according to the contract, a person does not have the opportunity to resolve the conflict out of court by filing a claim, you still need to send such a document. Lawyers say that in 70% of cases the infringer fulfills the requirements of the applicant, without waiting for the initiation of a lawsuit.

Rules for writing a letter

The letter of claim does not have a standard unified sample that is mandatory for use. It can be drawn up in a free form or according to a template developed within the enterprise. However, there are a number of rules that in any case must be observed in the process of writing it.

The complaint letter must always include

• information about the sender and addressee (if we are talking about legal entities, their full names must be indicated here, as well as, with regard to the addressee, the position and full name of the person for whom it is intended);
• the reasons for writing it with references to the clauses of the contract, laws and other norms that were violated;
• possible ways to solve the problem and sanctions (also in accordance with the legislation of the Russian Federation), which may occur for the addressee in case of inaction.

If the letter contains any amounts and terms, they must be entered both in numbers and in words.

If there is any additional evidence, they can be attached to the letter in the form of attachments (these can be checks, receipts, additional agreements, photos, links to video files, etc.). At the same time, in the letter itself, it is necessary to reflect the fact of attachments, indicating their number and, if they are written, the number of pages (for each of them separately).

You can write a claim letter both by hand and in printed form, but regardless of which path is preferred, the message must be certified with a “live” autograph of the leader. At the same time, it is not necessary to put a seal on it (enterprises and organizations have been exempted from the obligation to stamp documents since the beginning of 2016).

There can be as many copies of a claim letter as required, there are no restrictions here, but they must all be duly certified.

The letter must be registered in the journal of outgoing documentation.

How to write a claim letter

A claim is an official document that is sent to an organization that has violated a legitimate human right. Often, such papers contain the requirements of the applicant and a description of the problem. The document does not have a single form. However, it is subject to certain rules.

The ability to correctly file a claim helps to resolve the issue without involving the judicial authorities. There is no single sample document.

Attention! But any such letter must include the following items:

• name of the applicant, his actual address of residence, registration, as well as a contact telephone number for communication;
• the name of the organization to which the claim is sent, the address of its location, registration, full name of the head of the enterprise and his position;
• the exact address where the document is sent;
• a statement of the circumstances that led to the need to send a claim (all facts are described strictly in chronological order, without direct reference to the perpetrators and transition to personalities);
• enumeration of the rights that have been violated;
• what the violation of the applicant’s right may lead to or has already led to;
• the requirements of the applicant, as well as the exact timing of their implementation;
• legislative substantiation of requirements;
• date of preparation of the document and signature of the applicant.

It should be noted that a similar sample claim can be used to submit it to any legal organization. Some points can be added, but it is not recommended to exclude the above provisions.

The claim is made in writing by hand or in printed form. The main thing is the applicant's signature and its transcript.

Filling out the header

The sender is indicated at the top of the document, i.e. in the required lines, the full name of the enterprise (in accordance with registration papers), address and telephone number for communication are written. Next, the recipient is entered: his name and the specific person to whom the appeal is made directly (position, last name, first name and patronymic).

Then the date of the letter and its number according to the internal document flow are put, and the name of the document is written with a short designation of its meaning (for example, “on violation of the supply contract”).

Completing the body of the complaint letter

This section is followed by a descriptive part.

Important nuances when compiling

When making a claim, pay attention to some important nuances.

They will help to give the document an official tone, thanks to which the paper will have greater legal force:

• if you attach any documents to the claim, be sure to list them in a separate list at the end of the paper. Make them as attachments and number them. Reflect in the text of the document how many sheets the applications occupy;
• do not state facts that are not directly related to the problem and cannot affect the solution of the issue. No need to move away from the facts and tell the backstory. Extra information will confuse the person who will deal with the claim. In the future, it will be difficult to understand which rights were violated;
• always make at least two copies of the claim. Send one to the person who violated your rights, keep the other. But remember, on your letterhead there should be a mark of the receiving party about familiarization with the document;
• never make accusations against the person who violated the right. Remember, no one is guilty until proven guilty. Explain what rights were violated, and do not assume who exactly did it.

Following these simple rules, you can make a claim that will help resolve the conflict without involving the judiciary.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Learn more here.

Claim Samples

How is the claim process carried out?

The claim procedure describes the pre-trial settlement of a dispute in the arbitration process, which includes all legislative norms and rules for negotiating and resolving issues that have arisen. There is a wide list of conditions under which disputes that have arisen must be resolved and regulated exclusively in court (the example of a claim for all items will be the same).

A claim to a store or other institution can be drawn up on the following points:

• At the end of the lease term;
• During the expiration of the maintenance agreement (a notarized agreement drawn up without the participation of the court on a voluntary basis);
• In case of violation of the conditions for fulfilling obligations regarding OSAGO insurance policies;
• If violations of the terms of delivery of mail or ordered correspondence are noticed;
• In case of disputes regarding the provision of transportation services (including rail, water, air transport);
• If the conditions for the provision of communication services are violated;
• Errors or gross default on the part of the tour operator;

You can send a letter of claim to a banking institution, an insurance company, a store or a service salon (when selling low-quality products or providing services whose quality does not meet the stated standards). It is also important to file a claim against suppliers, buyers (in case of non-fulfillment of obligations assumed by the contract), tour operators, contractors.

What are the time limits for processing a claim?

According to the current legislation, the period for considering a claim is not strictly described in the norms of the law. A clear deadline is set only for relatively certain types of relations (replacement of goods, elimination of a defect, etc.). Differences can be in various categories of law (meaning the reasons for writing such a letter).

The deadline for responding to a claim is often set personally when drawing up the clauses of the contract for the provision of a service or the supply of a particular product. If this is not in the document, then there are several regulations by which you can navigate regarding the time period for considering applications.

For example, the response to a claim (terms) according to the law in the field of transportation should not exceed 1 calendar month. When compiling such a letter regarding violations of the conditions for the provision of communication services, a response can also be expected from 1 month.

For some types of contracts, the norm of the maximum period for resolving a dispute within 5 days is established. For example, the deadline for filing a claim for poor product quality is 14 days. It is at this time that the buyer has the right to return the goods of inadequate quality. Such a deadline for responding to a claim under the consumer protection law is described in the provisions of the consumer protection law.

Consequences for the defendant

For the defendant, a prerequisite is the answer to the claim letter. This must be done even if the described problem or dispute is immediately resolved. The claim, the sample of which establishes the rules for its preparation, must have a response in writing or electronically (for example, by e-mail). If there is no answer, the claimant has the right to regard this as unwillingness to resolve the dispute on a voluntary basis. In case of violation of the deadlines for responding to a claim, the bearer has the right to apply to judicial or other state authorities.

In the response, it is necessary to describe that the claim was accepted (it is necessary to set the date of acceptance and describe the resolution of the dispute). The letter also agrees on the terms for solving the problem (for example, the period for the return of low-quality goods or the provision of services not rendered). Additionally, it is allowed to attach documentary evidence of violations of the described conditions to the claim letter itself or in response to it. The period for consideration of the letter must comply with the reasonable time limits described above.

What to do if the claim is not satisfied

By submitting a claim, the applicant wishes to resolve the conflict in his favor. He is confident that his demands will be fulfilled. But it happens that the document is not satisfied. What to do in this case?

If your claim is not approved, start preparing for the next step. Collect documents and write a statement of claim to the court. But note that you can only involve the judiciary if you are sure that you are right, and if you have enough evidence of a violation of the law.

If the enterprise does not respond to the claim, its actions are regarded as unwillingness to resolve the conflict peacefully. At the same time, it can be considered that your claim is not satisfied, so you should write a statement to the court.

Remember! The statement of claim is drawn up taking into account the pre-trial procedure for resolving the conflict. It describes the facts of the claim and that the document was not reviewed or granted.

Complaint to Rospotrebnadzor

Where can I write a complaint? Of course, in Rospotrebnadzor. This action is most effective after teaching the refusal of the seller. But what is the right way to write a complaint? The complaint form is approximately the same as the claim structure and is written quite simply. An experienced lawyer can tell you how to write a complaint correctly.

You can complain to this authority without making a claim to the seller. A complaint can be filed electronically using a special form on the authority's website. This form is just as legal as sending it through the mail. In addition, if you contact him through the site, the answer comes much faster.

Complaint to the judiciary

If your claim is not satisfied, feel free to file a claim in court.

The document must contain the following information:

• the name of the judicial body;
• Name of the plaintiff, his place of residence, address of registration, as well as a contact telephone number for communication;
• Full name of the defendant or the name of the enterprise, as well as the location of the company (person), place of permanent registration, contact telephone number, if any (if the claim is filed against an organization, the position and full name of the head should be indicated);
• description of the problem with a chronological presentation of the violation of the right;
• under what circumstances the violation of the right occurred;
• the applicant's requirements, as well as their legal justification;
• the cost of the claim, if the price is the place to be;
• information about the procedure for pre-trial settlement of the dispute;
• a list of documents attached to the statement of claim;
• date of writing the claim, the signature of the applicant.

If the plaintiff does not have sufficient information about the defendant, he cannot file a lawsuit against him in court. This is due to the fact that it will be difficult for representatives of the judicial authority to establish the identity of the defendant. Consequently, there will be no one to call for consideration of the issue.

ATTENTION! View the completed sample of the claim to the court:

State fee for filing a lawsuit

When filing a statement of claim with the court, the applicant is obliged to pay a state fee. Its size directly depends on the type of claim. For example, non-property claims are considered by courts of general jurisdiction. In this case, the state duty is equal to three hundred rubles for individuals and six hundred rubles for organizations.

The amount of the state fee for filing a property claim is established on the basis of Article 333 of the Tax Code of the Russian Federation and directly depends on the price of the application.

The cost of a claim	The amount of the state fee
No more than 20,000 rubles	4% of the cost of the claim, but not less than 400 rubles
20 00 - 100 000 rubles	800 rubles + 3% of the amount exceeding 20,000 rubles
100,001 - 200,000 rubles	3,200 rubles + 2% of the amount exceeding 100,000 rubles
200,001 - 1,000,000 rubles	5,200 rubles + 1% of the amount exceeding 200,000 rubles
More than 1,000,000 rubles	13,200 rubles + 0.5% of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles

Attention! If an application for consumer protection is pending, the claimant is exempted from paying the state fee. The rule applies to claims whose value does not exceed one million rubles.

How to write a response to a claim

If you receive a complaint, you must respond to it. Otherwise, your inaction can be interpreted as unwillingness to resolve the issue peacefully. A written message will not be needed if all the requirements of the bearer on the sent document are met: funds are transferred, property is transferred, deficiencies in service are corrected, and so on. But this is ideal.

In most cases, citizens do not agree with the claims or try to soften the conditions for fulfilling the requirements. In such a situation, when writing a response, you should indicate:

• which requirements are fully recognized, and which partially;
• when they will be completed in what period of time;
• legal justification of its position with reference to normative acts or an agreement with copies of those documents that the other party may not have;
• the desired deferred payment with a schedule for the transfer of funds.

The legislation of the Russian Federation does not determine the procedure for further actions after receiving a response to a claim. If the proposed option does not suit the injured person, he can continue the correspondence, seeking the most acceptable conditions, or he can immediately go to court to fully satisfy his requirements.

Additional questions

Copyright infringement - claim letter

Complaint letter for delays in delivery

In fact, a claim for violation of delivery dates refers to one of the varieties of claims for violation of the terms of the contract. Delivery time is one of the essential obligations specified in the contract. Therefore, its violation is a reason for applying in writing, preceding an application to the court. Such a letter can be sent both from an individual and from an organization.

This document is an example of business correspondence, therefore it must contain the required details:

• recipient data;
• information about the sender;
• title of the document - claim under the supply contract;
• the essence of the claim - violation of the delivery time - with reference to the provisions of the contract;
• signature of the CEO and / or head of the legal department, the seal of the organization;
• attachments are a mandatory component of such a letter, they contain copies of all official papers that are indicated in the text of the claim (agreement, payment order, invoice, etc.).

In OOO "Diskus"

legal address:

109341, Moscow, st. Novomaryinskaya, 3

From IP Lukomorov E.F., legal address:

109456, Moscow, st. Baikal. 78, apt. 12

CLAIM

March 22, 2017 IP Lukomorov E.F. (Buyer) and LLC "Diskus" (Seller) entered into an agreement for the transfer of 10 sets of leather car covers with a total value of 45,000 rubles. with advance payment.

Under the terms of the contract (clause 3.2), the Buyer has timely made an advance payment in the amount of 50% of the cost (twenty-two thousand five hundred rubles). The term under the contract, when the Seller had to deliver the goods to the Buyer, is March 30, 2017.

On the part of the Seller, the terms of the contract were not fulfilled in relation to the timing of the transfer of goods for which an advance payment was made: as of April 5, 2017, the goods were not delivered.

According to Article 23.1 of the Law of the Russian Federation “On Protection of Consumer Rights, in a situation where the Seller, to whom the prepayment amount for the goods was paid in the amount determined by the agreement, did not fulfill the obligation to transfer the goods to the Buyer within the period also established in the agreement, the consumer has the right to demand perform one of the following two options:

• receipt of the goods before the expiration of the new period set by the Buyer;
• refund of the full amount of the advance payment for the goods received by the Seller, who did not transfer the goods on time.

Based on the foregoing and in accordance with Article 23.1 of the Law, I demand:

1. Deliver 10 sets of leather car covers within a week from the date of receipt of this claim.
2. According to clause 4.4 of the agreement, to pay a penalty for the violated terms of the transfer of goods with an advance payment made at the rate of 1% of the amount of the advance payment for each day of delay.

Please respond to this claim in writing within the time period specified by applicable law.

I warn you that if my legal requirements are ignored, I will be forced to file a claim with the court.

Applications:

• a copy of the contract for the supply of goods No. p5n 126478 dated March 22, 2017;
• payment receipt for the amount of 22,500 rubles.

Letter of claim about non-fulfillment of the terms of the contract

If the partner has fulfilled its obligations under the contract improperly or has not fulfilled at all what it has guaranteed, the rights of the infringed party can be protected by the court. But before applying there, you must try to resolve the problem in the order of treatment. For some claims, writing a letter is a mandatory step before filing a claim.

A claim should be made based on the usual requirements for such documents.

1. "Hat" - information about the addressee: an individual or legal entity that has violated contractual obligations.
2. Submitter details.
3. Document's name.
4. Details of the contract, the terms of which are not met.
5. Enumeration of violated obligations.
6. Results resulting from non-performance.
7. Terms of correction of violations.
8. Additional information if needed.

IMPORTANT! It should be clear from the letter exactly what facts the claim relates to, what the addressee needs to do to correct the situation, and within what time frame.

to CEO

Clean Clothes LLC

Perekosov Petr Nikolaevich,

legal address: 440000, Penza,

st. Kirova, d.23

from Petrakovskaya Antonina Vitalievna,

residing at:

440000, Penza, st. Kirova, d.28

CLAIM

under service agreement No. P7n 174836

On June 29, 2017, A.V. Petrakovskaya (Customer) and Clean Clothes LLC (Contractor) signed an agreement No. P7n 174836 on the provision of dry cleaning of women's sheepskin coats.

According to clauses 4.2 and 4.3 of the aforementioned agreement, the Contractor undertook to dry-clean and sew buttons to the women's sheepskin coat by July 2, 2017, and the Customer, in accordance with clause 5.1, undertook to pay for these services upon the return of the item.

• the dry cleaning service of the sheepskin coat was not provided;
• buttons are not sewn to the sheepskin coat;
• the item was not returned to the customer.

Based on Art. 450 of the Civil Code of the Russian Federation, at the request of one of the parties, the contract may be amended or terminated in case of a material breach of the contract by the other party. In connection with a material breach of the terms of the contract, the Customer suffered damage because he was unable to take the thing with him on the planned trip.

Based on the above, I demand:

1. Immediately eliminate the violation of the conditions by providing the service specified in the text of the contract.
2. Inform the Customer as soon as the violation is eliminated.
3. In accordance with clause 6.1 of the agreement, pay the Customer a penalty in the amount of 10% of the cost of work for each day of delay.

In case of ignoring the requirements of the Customer within 10 days from the date of filing the claim, he will be forced to terminate the contract and, in order to protect his rights and legitimate interests, file a claim with the court, where, in addition to the return of funds, he will require the recovery of court costs, expenses for paying the state fee .

Debt claim letter

There may be several reasons for writing a letter demanding to pay off the resulting debt:

• violation of the terms of payment specified in the contract;
• loan arrears.

Sending a claim letter is mandatory if it is planned to file a claim for the recovery of debt by force. Without an attempt at pre-trial settlement, to which this document testifies, the claim will not be satisfied, and possibly not even considered.

The structure of the claim letter is normal, and the content is drawn up in a free form with obligatory references to the violated clauses on the terms and amount of payment under the contract. The nuances vary depending on the type of contract:

• purchase and sale;
• rent;
• work agreement;
• shipping;
• storage;
• service;
• otherwise.

It is desirable to refer to the legislative acts that have been violated. It is obligatory to indicate the terms during which the counterparty agrees to accept funds in payment of the debt without a penalty (or with the specified penalty), without going to court for recovery.

Zalimansky Konstantin Petrovich,

residing at:

300971, Tula, st. Puzakova, d.71, kv.19

From ZhKH-service LLC,

legal address:

300971, Tula, st. Puzakova, 70

Claim letter

on payment of debt

ZhKH-service LLC informs you that you have a debt for payment of housing and communal services in the amount of 482 rubles. 78 kopecks, which was formed as of October 01, 2016. We notify you of the need to pay off the specified debt within a week from the date of receipt of this letter.

If the payment requirement is not met within the specified period, the water supply to your apartment will be limited and subsequently terminated, reconnection will be paid, in accordance with Government Decree No. 354 of May 06, 2011, section 11. In case of non-payment, the issue of debt collection will be decided by the courts.

We remind you that in accordance with Article 155, paragraph 1, payment for housing and utilities is paid monthly until the 10th day of the month following the expired month. In case of late payment, penalties will be charged (Article 155, Clause 14 of the Housing Code of the Russian Federation). To pay off the debt and the reasons for its formation, we ask you to come to the housing and communal services at the address: 300971, Tula, st. Puzakova, d.70.

10/03/2016 General Director of ZhKH-service LLC / Terentiev / V.V. Terentiev

Letter of claim for a refund

A written request to return previously paid funds is appropriate when this problem could not be solved by direct contact. This can happen if one of the parties has not fully or incorrectly fulfilled its obligations under the contract. Most often, this situation is observed with dissatisfaction with the quality of the purchased goods. When the consumer wants to return it and get their money back.

Writing a claim letter is mandatory if a dissatisfied buyer plans to apply to the court for the protection of their rights. For this instance, it is obligatory to fix the fact that at first they tried to resolve the claim in a pre-trial order, but the procedure for consideration was violated or the request was not satisfied.

A letter of claim is drawn up in any form, but in compliance with the basic rules of office work. And since this document can be submitted to the court, you need to take into account some details that will make it legally relevant, and if not complied with, they can deprive it of such status. These include:

• data of the addressee of the claim - a person, including a legal entity, who violated the rights of the submitter;
• information about the applicant, including contact details;
• essence of the claim;
• personal signature of the submitter;
• date of the paper.

When describing the actual situation that led to the request for a refund, it is worth adhering to such recommendations.

1. Date of conclusion of the contract (purchase of goods).
2. The main obligations of the parties under the contract.
3. Which of the following obligations have been violated?
4. Applicant's request for a refund.
5. Terms of fulfillment of the requirement.
6. Measures that the applicant intends to take if his request is not granted.

IMPORTANT! Write a letter of complaint in two copies. Try to get a mark of delivery on the second (in case of personal submission).

For an individual entrepreneur

Razbudsky Anton Mikhailovich,

legal address: 426046, Izhevsk,

st. Pervomaiskaya, 18

from Dobronravova Larisa Anatolyevna,

residing at:

426024, Izhevsk, Pobedy avenue, 12, apt. 85

CLAIM FOR A REFUND

Between me, L.A. Dobronravova (hereinafter referred to as the Buyer), and IP Razbudsky A.M. (hereinafter referred to as the Seller) On May 12, 2017, an agreement No. P9n125467 was concluded, under the terms of which the Seller had to transfer to the Buyer a chest of drawers with a changing table "Agafyushka" in a timely manner, and the Buyer undertook to pay the price of the goods.

The Buyer's obligations were fully fulfilled when ordering the goods on May 12, 2017. The Seller fulfilled the delivery time of the goods, but upon its transfer it was found that the chest of drawers did not correspond to the provided sample according to the characteristics. The fronts of the chest of drawers are not made of painted, but of film MDF, the dimensions do not match the declared ones, the changing table is covered with another material. All this does not meet the requirements established by Art. 469 of the Civil Code of the Russian Federation and Art. 4 of the Law "On Protection of Consumer Rights" - when selling goods according to a sample or description, the seller is obliged to transfer goods that correspond to such a sample or description.

In accordance with Art. 18 of the Consumer Rights Protection Act, the Buyer has the right to return the goods that do not correspond to the sample and demand a refund of the amount paid for it.

Based on the foregoing, I demand, within ten days from the date of receipt of this claim, to return to the Buyer the money paid by him for the chest of drawers with the Agafyushka changing table, in accordance with the issued receipt. Otherwise, the Buyer will apply to the court with an application for the protection of consumer rights, payment of a penalty and compensation for non-pecuniary damage.

Insurance company claim

Unfortunately, it is not uncommon for an insurance company to delay payments. There are also cases of refusal to reimburse the agreed amount or disagreement about its amount. In this case, you should not be inactive. But how to write a claim to the insurance company? This is a question that has an answer.

Finally

The claim, as well as any other official document, should be drawn up in the most concise style possible, with references to the relevant paragraphs of legislative acts, indicating all the details and the like. To write it, it is recommended to first study the Civil Code, in particular the law on consumer rights. In this case, the rule “Forewarned is forearmed” clearly applies. Arm yourself with your knowledge of the legal aspects to the fullest! And remember that it is your right to file a claim and demand an answer to it. Well, how to write a claim for a product or an insurance company is no longer a question.

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If the civil rights of a person or organization are violated, it is not at all necessary to go to court to protect them. Consideration of cases in the body of justice means significant time and money costs. Sometimes it is enough to apply to the other party in writing, outlining your dissatisfaction and demands.

To do this, you must use the sample pre-trial claim, which can be found on our website. In practice, it often happens that the negotiation method works, and the author's wishes are fully satisfied.

A claim is a written expression of dissatisfaction with the quality of the goods sold or services rendered, failure to fulfill obligations under the contract and the presentation of claims arising from the situation. This is a complaint that indicates a violation of the rights of the originator and calls on the violator to take specific actions that can restore justice.

The claim procedure for resolving disputes is an effective way to protect violated civil rights, which is used to peacefully resolve conflicts between a creditor and a borrower, a supplier and a client. Such a scheme enables the parties to come to a common denominator, minimizing their costs. It eliminates the need for:

• pay the state duty;
• hire lawyers;
• waste time filing a lawsuit;
• transfer money for the examination of goods, etc.

What is a pre-trial claim? This is a universal paper that can be drawn up by a citizen of the Russian Federation or a foreigner, a commercial or non-commercial firm, if he considers that the goods sold to him or the work performed are not good enough, that the contractual obligations are not fulfilled by the other party in full.

The document is reviewed by the recipient and specific actions are taken based on the results. If the requirements of the compiler are not satisfied, he has the right to apply to the next instance - the court.

When is a claim procedure required?

It would seem that why it is necessary to send claims letters to the partner, if it is obvious that it will not be possible to resolve the issue peacefully and everything will end in litigation. In practice, this step cannot be avoided: there are situations when the justice authority will not accept a claim from the injured party, unless it is proved that pre-trial methods were used to resolve the conflict.

According to the provisions of the Civil Code of the Russian Federation, a pre-trial claim is required in the following situations:

1. If the need for its writing is provided for by federal law. Thus, disputes with:
   • mobile operators;
   • carriers;
   • forwarders.
2. If such an order is stipulated in the contract concluded between the counterparties. For example, it is stated that the disagreements that have arisen between the parties are resolved through negotiations, that before going to court, the dissatisfied counterparty must notify the supplier (contractor) in writing.

The absence of a claim will add unnecessary trouble to the injured party and will cause a loss of time. The court has the right to leave her claim without consideration. This means that the process will only start when the negotiation method between the two counterparties has been tried.

How to write a document correctly?

Drafting a pre-trial claim is akin to preparing a lawsuit. The document must contain complete and reliable information about the parties and the subject of the dispute, references to current legislation, and a statement of the author's requirements.

To write a paper without errors, you need to include the following data in it:

• Destination

Important! The document is addressed to the person responsible for the actions of the organization. In other words, dissatisfaction and demands are expressed not to the seller in the store or to the courier, but to the general director of the commercial structure.

• Addresser

The person whose rights have been violated. His full name without abbreviations, address by registration, contact details for communication are indicated.

• Title of the document

Pre-trial claim is written. This indicates that if attempts to resolve the conflict amicably fail, the originator will go to court.

• The basis on which the mutual obligations of the parties arose

For example, the number of the contract of sale, agreement on the provision of services is prescribed. Or it is indicated that the money was transferred to the debtor on receipt.

• Links to legal provisions governing the legal relationship of the parties

Specific numbers of articles of the Civil Code of the Russian Federation are indicated.

• Author Requirements

For example, to replace the product with a similar one, to make a warranty repair, to return the money on receipt, to compensate for the damage caused, etc.

• Deadline within which the addressee must respond

It depends on the terms of the agreement between the parties.

The document ends with an indication that in the absence of feedback, the author will go to court to protect his rights.

The finished document must be printed in two copies. One remains to the compiler, the second is sent to the defendant. Copies of documents substantiating the claims made must be attached to the paper.

An available help in drawing up a pre-trial claim is a standard sample. Follow the logic of the finished documents in order not to miss important points.

How to transfer the compiled document to the recipient?

A claim to a debtor or a person who has not fulfilled the terms of the contract can be sent by mail. You must select a registered letter with acknowledgment of receipt. According to the receipt of the recipient, the date when he learned about the legal requirements of the injured party will be clear. So the addressee will understand the seriousness of the intentions of the author of the document.

Important! The check confirming the sending of the document will become evidence of the execution of the pre-trial procedure for resolving the dispute.

The second way to submit a pre-trial claim is to appear personally to the CEO of the offending organization or his secretary. One copy is transferred to the responsible person, on the second he signs with a transcript, indicating the position and date. It is desirable that the appeal be assigned a registration number. The paper must be kept by the victim until the conflict is resolved.

If you hand over the paper in person, take care of the presence of witnesses. It is not recommended to give the document to the first representative of the respondent organization that comes across. Subsequently, the head may refer to the fact that, according to the receipt of this person, he does not understand who he is talking about, that he did not receive any documents, or that a particular specialist does not have the authority to transfer correspondence to him.

What is the time limit for claims?

According to consumer protection law, the period for considering a claim is specified in the contract concluded by the parties. If there is no such provision in the contract, intra-industry rules apply, for example:

• for retail trade - 14 days;
• for the transportation sector - 60 days;
• for cellular communication services - 60 days.

In general, the dissatisfied party must wait until a reasonable time has elapsed, which is usually taken as 30 days. If the requirements are not met, you can go to court.

A claim under a contract for the provision of services or the sale of goods, a receipt for a debt, etc. is an effective way to protect violated civil rights. Pre-trial proceedings do not require money and time, but, as practice shows, often leads to satisfaction of consumer requirements.

Disagreements often arise in the provision of services. Such disputes are resolved in several ways. However, the starting point for consideration at any level is an officially issued paper - a letter of claim. Without fail, a complaint is first filed directly with the organization or even specifically with the person who provided the service of inadequate quality. Without this action, neither the court nor Rospotrebnadzor will consider the application.

Complaint for poor quality service must have sufficient grounds. Legislation protects both the service provider and the user, so you cannot simply complain about the work of a company or seller. It is necessary to indicate what exactly and why does not satisfy the client.

Poor-quality services are those performed with certain violations or partially:

• the goal specified in the order has not been achieved;
• the service does not comply with the terms of the contract;
• the order was made from low-quality raw materials or with violations in manufacturing technology;
• as a result of the performance of the service, the user has suffered material damage;
• as a result of the actions of the provider of services, harm was caused to the health of the client.

If the user is not satisfied with the service, he has the right to demand:

• eliminate problems and violations within the contractual period;
• reduce the cost of goods or services, if the opposite party agrees;
• return the money for a poor-quality service in full, taking into account the material losses incurred by the customer;
• perform the service again, but at the appropriate level.

If the claim is accepted by the service center, store, company, the disagreement is resolved out of court.

What services can be complained about

A complaint is a documentary evidence of customer dissatisfaction. Therefore, a claim letter, as a way of influencing the opposite side, is drawn up in any industry: banking, hotel business, legal or medical services, education, transportation or supply of goods. Whoever provides services - a commercial organization, state, municipal, individual entrepreneur, everyone is equal before the law. A claim against the work of any organization is legitimate.

Poor service is possible not only in “material industries” like construction or transportation, but also in areas such as medicine or education. However, even here the user has the right to write a complaint if he received the wrong service for which he paid, or if the obligations to him, as the buyer, were not fully fulfilled.

It is much more difficult to hold accountable in the field of medicine or education. The complaint is drawn up according to the same model as in another area. But in order to resolve such a dispute, it is recommended to involve an experienced lawyer.

Documentary evidence of poor service makes it much easier to consider. These include:

• photos and videos;
• an agreement describing the services to be provided. A copy is attached to the application;
• payment documents;
• work acceptance certificate (copy);
• a copy of the warranty card;
• other papers that have probative value.

How to write a good claim

For a complaint to be valid, it must be properly filed. The main recommendations are:

• in the header of the claim letter indicate the most complete information about the applicant (full name, company name, phone numbers) and the addressee;
• in the body of the letter, all violations are described in detail with references to the clauses of the agreement, where the description of the service is indicated;
• mention the legislative acts, according to which the applicant has the right to write a complaint;
• be sure to indicate the date - without it, the complaint is invalid, and sign.

The claim is written in 2 copies: one is submitted to the company, the second is kept by the applicant.

Before making a complaint, you need to collect and save the maximum amount of evidence. Often, when it comes to court and the amount of the claim is significant, the defendant resorts to the most dishonest methods.

Art. 29 of the Consumer Protection Act. In accordance with it, the requirements are determined:

• in case of violation of the deadlines for the implementation of the agreement, the customer requires a refund of payment, a price reduction or transfer of the order to another person;
• if the services are provided, but not of proper quality, the client has the right to demand a discount, re-execution of the order free of charge, a refund
• If you have any doubts about the execution of documents, contact a qualified lawyer. Correct compilation is important if, as a result of failure to provide services, the customer has suffered significant material losses and requires compensation. He has the right not only to demand compensation for damages, but also a penalty for each day late from the date of non-fulfillment of the contract.

How to submit a claim

According to the current legislation, the primary complaint is always sent to the contractor. If the claim was made orally, the seller may ignore it. An official letter is sent to the organization. If after the expiration of the established period - from 10 days, the company has not responded to the filing of a complaint, the affected user can apply to other authorities.

It is very important to ensure that the claim is registered. If this cannot be done directly, observe how the secretary or another person enters information into the register, resort to other methods.

There are several ways:

• transfer of paper to the secretary or administrator - requires a personal visit to the office. The secretary registers the first copy, leaves a mark on registration on the second;
• transfer by registered mail with notification - through the Russian Post. An inventory of documents is included in the letter. Notice of receipt is the confirmation required in court;
• you can send the paper by courier service - the courier gives the application under a personal signature. This is also proof enough;
• witnesses can be called. In this case, you can send the complaint in person, and confirm it even if the addressee refuses to accept the letter. 2 independent witnesses accompany the applicant and, after he leaves the claim on the addressee's desk, sign the second copy. In the same place, witnesses indicate their personal data, contacts and put down the date the complaint was served.

The term of consideration of the document

The best option for both parties is to apply before the end of the contract. If until this moment the service provider has managed to eliminate the shortcomings, the agreement is not extended, but the disagreement is considered settled. If the transaction has already been completed and the contractor did not have time to satisfy the complaint, the customer may terminate the contract and demand compensation for losses from the contractor's inaction.

Compensate for material damage or otherwise resolve the dispute, the contractor is obliged within 10 days after receiving the complaint. The amount of compensation is calculated according to Art. 24 Z0ZPP. In this case, the cost of the service or product is taken into account.

Expert opinion

Kurtov Mikhail Sergeevich

Legal practitioner with 15 years of experience. Specializes in civil and family law. Author of dozens of articles on legal topics.

The limitation period for it is 3 years. That is, after 3 years from the moment of providing a low-quality service, the user can no longer file a complaint. Given the costs associated with resolving disputes in court, the best option for both parties is pre-trial settlement of the issue.

What to do if the seller refused to consider the claim

If a company, organization or individual entrepreneur does not respond to the submitted claim letter, they turn to other structures:

• Rospotrebnadzor - the competence of the body includes the protection of consumer rights. The organization carries out unscheduled inspections of both legal entities and individuals, registers violations and brings those responsible to administrative responsibility;
• The prosecutor's office or the police - they turn here if, as a result of the provision of substandard services, harm to health has been caused;
• The court decides property matters. Filing a lawsuit in court allows you to achieve compensation for damages, payment of a penalty, compensation for other expenses incurred through the fault of the contractor.

How to make a valid claim

The claim is made in any form, which in some cases allows us to interpret the stated in different ways. To avoid this, the claim is drawn up as a business letter and in accordance with the same requirements. It is important to indicate all the necessary data in the header of the letter, it is important to state the complaint in dry, detailed language. Jargon, overly emotional descriptions turn an official document into an essay, such complaints are not considered.

In no case should insults, profanity, and even more threats against the performer be included in the complaint. In this case, the latter has a reason to go to court.

It is not so easy to prove the low quality of the service. If the case concerns the delivery or construction of an object, it is possible to record non-compliance and violations during acceptance. If the service is intangible, it is much more difficult to prove the eligibility of the claims. That is why it is so important to write the document correctly.

The main requirements for filing a complaint are:

• the application indicates all the details: names, names of the parties to the contract and any other information. In their absence, the court may consider the claim unobvious and return the claim;
• it is necessary to indicate that the letter is precisely a claim and mention the service agreement in it - name, registration number, date of compilation. Otherwise, the performer has the opportunity to avoid liability. If the letter is considered not as a claim, but as a request or notification, the defendant has the right to ignore it;
• information about the parties is indicated in one part of the document, details at the beginning of the letter;
• in the descriptive part, they state the essence of the concluded agreement, list the points that, in the opinion of the customer, the contractor violated. At the same time, they indicate the identified errors, malfunctions, inconsistencies with the provisions stated in the contract. Each clause is related to a clause in the contract. If possible, they damage them with documents - video, photos, examination results. A full description of those is attached at the end of the letter. In the body of the application indicate the document number or link;
• in the final part, the customer sets out his requirements: eliminate the shortcomings, compensate for the damage, re-render the service at the expense of the company. The requirements are related to art. 29;
• in conclusion, the complainant warns the executor about the measures that he will take in case of refusal to satisfy the complaint. This is the payment of a penalty, a fine, compensation for downtime, legal costs.

In this case, one nuance is taken into account: when considering a case in court, the claims must coincide with the requirements recorded in the complaint. Otherwise, it turns out that the defendant could satisfy the requirements of the customer in a pre-trial order. The court considers such a provision as a violation.

Claim Samples

Head (name of the legal entity,

municipal organization, individual entrepreneur,

legal address)

From (full name or name of the applicant's organization,

address, phone number)

Claim for poor quality services

"___" _______20___, an agreement No. ____ was signed between us for the provision of _________________. Your services were paid in full ________ (and the amount in words) rubles. Receipt of payment No. _________ is attached.

After the provision of services, I found a quality discrepancy, which manifests itself in the form of _____________________________________________.

Referring to Articles 4 and 29 of the Law "On Protection of Consumer Rights", we demand (one of the options for resolving the dispute is indicated here):

Return the money paid in full with the termination of the agreement.

A claim is a legal document, designed as a business letter, addressed to a person who has violated obligations under a contract. Including under the offer agreement of organizations selling goods or services to the mass consumer.

Claim correspondence is a popular way to resolve disputes without involving the judiciary. It is used by both companies (in case of violation of the terms of the transaction, an overdue loan, etc.) and individuals (when buying goods of inadequate quality, poor-quality provision of utilities, etc.)

Claims against legal entities are more frequent than others due to the large number of transactions between commercial organizations and clients served by companies. The law does not regulate a clear procedure for issuing such letters, in view of this, their content is determined by the rules of business turnover. So, private traders make complaints on ordinary paper, and organizations on letterhead.

It is better if the document is drawn up in two copies. The first is handed over to the addressee or his representative, and the second, where the addressee is obliged to put a mark of receipt, will remain with the applicant and can be used in the subsequent appeal to the court. You can submit a complaint either in person or by registered mail with delivery confirmation.

The term for consideration of claim letters varies from 10 to 30 calendar days. It must be indicated in the text of the document. If the recipient has not responded to the applicant within the specified period of time, the complaint is considered unsatisfied, which is a sufficient basis for filing an appropriate statement of claim with the court.

Claim between legal entities

Not all organizations are distinguished by a conscientious attitude to the fulfillment of contractual obligations. When the terms of the contract are violated, the injured party begins the process of pre-trial resolution of the dispute - sends the counterparty a claim with a list of requirements.

A claim between legal entities, the sample text of which is presented on the website, is drawn up in the following order:

• The header of the document (usually on the right) indicates the details of the addressee organization with the name and address, full name and position of the head. On the opposite side, the stamp of the sender company with the details and serial number of the outgoing letter is put. Below it is recommended to add the number and date of conclusion of the contract, the violated terms of which are the reason for writing this document.
• In the middle of the sheet is the heading "Claim".
• The next paragraph is a summary of the contract under which the violation was recorded.
• This is followed by the main part of the claim letter, which sets out the essence of the claim, describes in sections and paragraphs the contractual obligations fulfilled and violated by the parties. Monetary amounts and terms are indicated with particular accuracy. For certain types of agreements, it is appropriate to provide a table with information on the work or services performed and the payments made (received). The source for tabular data is acts of reconciliation, acceptance and transmission, etc.
• A separate item draws up information on lost profits caused as a result of non-compliance by the counterparty with the contract of direct and indirect losses. It is better if, next to each type of damage, there will be a link to legislative acts that allow you to demand appropriate compensation from the culprit.
• It is recommended to begin the final part with an indication, based on the results of the above calculations, of the total amount of payments with the requirement to compensate for this damage.
• This is followed by a warning that if the guilty party fails to fulfill the requirements on time (optionally within 10 to 30 days), the applicant will be forced to apply to the arbitration court with a similar claim.
• At the end of the letter there is a list of documents attached as an evidence base for the requirements put forward.
• Be sure to put the date of the document, the signature of the head with a transcript and an indication of the position.

Consumer electronic library

Consumer claim - why is it needed, how to write and how to deliver

,
Head of the Analytical Department of the Association of Consumers of Russia

It often happens that the consumer has complaints about the quality of the purchased goods (to the quality of the work performed), and the seller (or the contractor who performed the work) refuses to respond to his verbal demands. In this case, the consumer needs to draw up a written appeal in which he sets out the essence of his claims and states certain requirements.

Let us dwell in detail on how to properly issue such an appeal, which is usually called "CLAIMS" (or "APPLICATION").

HOW TO WRITE A CLAIM

So, the claim is drawn up in any form, but it is desirable that it contains six main (mandatory) parts:

1 - information about who and who is addressing (by analogy with a regular postal item);
2 - information about the purchased product, ordered service (work);
3 - the essence of your claims to the product, service (work);
4 - requirements with which you apply to the seller (executor);
5 - list of attachments to the claim;
6 - consumer's signature and date.

Now let's take a closer look at the execution of each part of the claim.

Part 1. At the beginning of the appeal, you must specify:

1. To whom it is addressed, for example: General Director of Molotok LLC Ivanov P.P.
If the surname of the head is not known, it is enough to indicate the following: the head of Molotok LLC.
2. From whom the claim is filed: last name, first name, patronymic, contact phone number, postal (or e-mail) address to respond to the claim.

Part 2. Information about the purchased product, ordered service (work)

The following must be reported about the product in the complaint:

- what product was purchased (its name, brand, article, other distinguishing features);
- cost of goods;
- date of purchase (usually indicated on a cash or sales receipt or other document);
- if necessary, information on the warranty period established for the goods is indicated (a warranty card is attached to the claim).

The claim must provide the following information about the work performed:

Work description;
- the number of the contract and the date of its conclusion;
- the date of performance of work or the date of signing the act of acceptance and transfer of the result of the work performed;
- cost of work;
- if necessary, indicate information about the warranty period for work - it is usually indicated in the contract or in an act or other document issued by the contractor to the consumer after the work is completed.

Part 3 The essence of claims to the product, service (work)

In any form, you need to state your claims to the product or service (work). For example, report that the product has a defect (describe this defect in detail), or notify that the work was performed in violation of the deadline established by the contract, or other violations of your rights were committed.

Part 4 Requirements for the seller (performer)

The claim must state specific requirements: replace a low-quality product, discount the product, return the amount paid for the product, eliminate deficiencies, compensate for losses, pay a penalty, etc.

The claims made must be justified and comply with the law, for example, articles 18 or 29 of the Consumer Protection Law. Therefore, in a claim, it is advisable not only to list specific claims to the product (work or service), but also to refer to the norms of the law, which may be the basis for presenting these claims.

If you require compensation for losses, you must attach copies of documents confirming the amount of damages caused to the claim, and if you require payment of a penalty, justify its amount by making the necessary calculation.

It is possible to include in the text of the claim a warning about the subsequent appeal to Rospotrebnadzor or the court to protect their rights if the seller refuses to voluntarily satisfy the consumer's claim.

Part 5 It is necessary to indicate the copies of which documents are attached to the claim.

Such documents, depending on the situation, can be: a sales or cash receipt, a warranty card, an agreement, an act of a warranty workshop or service center, an independent examination report, etc.

Part 6 At the end of the claim must be the last name, first name, patronymic of the consumer, his signature and date

HOW TO SUBMIT A CLAIM CORRECTLY

The claim can be handed over personally, having arrived at the store (or the office of the contractor, manufacturer, etc.). One copy of the claim must be given to any official, such as an administrator or lawyer - if you are dealing with a large office or directly to the seller in a small outlet. Remember, the head of the organization is not personally obliged to accept the claim!

On the second copy (it must remain with the consumer), it is necessary to obtain a mark of acceptance of the claim, which usually includes: the signature of the person who accepted the claim, its transcript (last name, first name, patronymic, position), date of acceptance, seal or stamp (of a legal entity or individual entrepreneur). The presence of a seal (stamp) on a claim is not necessary - the courts, in most cases, consider the fact that the claim was served without it as proven.

The claim can be sent by regular mail (or telegram). It is necessary to send a letter with a claim by registered mail with acknowledgment of receipt and with an inventory of attachments (make an entry in the inventory - a claim with such and such requirements. For example: a claim with a requirement to replace the goods).

The "path" of the letter is easy to follow using the Internet resource http://info.russianpost.ru/servlet/post_item. Here you can find out the date of delivery of a registered letter to the addressee by the identification number indicated in the receipt. A printout from this site is accepted by the courts as evidence of the fact (date) of the claim.

The text of the sent telegram must be certified by mail and kept together with the notification of its delivery.

Documents received from the mail (check, inventory of attachments, notice of delivery) must be kept - they will be proof that the addressee has received your claim.

So, in order for the claim to be drawn up correctly, it is necessary to follow the following simple rules:

- it should be clear from the text of the claim: who, from whom, why and what is required;
- the claim must be prepared in two copies;
- you need to have confirmation that the claim was received by the seller (executor), indicating the date of its receipt.

WHY YOU SHOULD WRITE A CLAIM

A pre-trial written claim against the seller (executor) is not mandatory - by virtue of the Law "On Protection of Consumer Rights", the consumer has the right to immediately go to court. But still, it is very important to contact the seller (or contractor) with a pre-trial claim - the legislation in this part has some features that you need to know about.

Consider example 1.

Let us assume that the deadline for the fulfillment of the obligation by the contractor established by the contract is violated and the consumer, guided by Art. 28 of the Law "On Protection of Consumer Rights", verbally announced the termination of the contract and demanded a refund.

The contractor ignored the requirements of the consumer, did not return the money within the period established by law. The consumer is forced to apply to the court with a statement of claim, in which, among other things, he demands to pay him a legal penalty for violating the deadline for the return of funds.

But the court "trusts" only documents, i.e. he needs proof. And the consumer will be obliged to present such evidence to the court - documents confirming the fact that the requirement was actually presented to the contractor and the date when it was accepted by the contractor. Such evidence will be a written pre-trial claim.

But if the fact of making such a demand is not considered proven - due to the fact that the claims were presented orally, then the court will not have grounds for collecting a penalty.

Consider example 2.

The law "On Protection of Consumer Rights" provides for the responsibility of the seller (executor, etc.) for the refusal to voluntarily satisfy the requirements of the consumer - for such a refusal, the court collects a fine from the defendant in favor of the consumer.

Suppose a product was purchased, in which defects were found. The consumer verbally demanded a refund for this product, but was refused. Thinking, the consumer nevertheless went to court and won the case. But by a court decision, he was able to return only the amount that he paid for the goods. And if the pre-trial claim was correctly written and served, the court would also award the consumer a penalty (1% of the value of the goods for each day of delay in the return of funds) and a fine of 50% of the amount awarded in favor of the consumer - for refusing to voluntarily resolve the case in due course.

For example:
The product was purchased for 10,000 rubles. The seller violated the deadline for the return of money by 100 days, in confirmation of this, the consumer presented a submitted claim.
Let's calculate the penalty: 10,000 rubles. x 1% x 100 days = 10,000 rubles.
So, the court awarded the consumer: the cost of the goods (10,000) + penalty (10,000), i.e. 20 000 rub.
In addition to this, the court exacted a fine from the seller: (50% of the amount awarded): 20,000 rubles. x 50% = 10,000 rubles.

Thus, if the consumer wrote a pre-trial claim and delivered it correctly, then, on the basis of a court decision, he could receive 30,000 rubles.

FOR REFERENCE

In some cases, the pre-trial procedure for filing claims is mandatory. For example, such as a dispute arising from a contract for the carriage of passengers, baggage and cargo, from a contract for the sale of a tourist product, a contract for the provision of communication services, and a number of others.

CONCLUSIONS

Despite the fact that filing a pre-trial claim in most cases is not mandatory, we recommend that the consumer use this path in order to document the legally significant facts necessary for further consideration of the case in court.

The absence of a pre-trial claim properly executed and handed over to the seller may complicate the course of the trial, and in some cases make it impossible to recover a penalty and (or) a fine in favor of the consumer.
Reprinting is possible only for non-commercial purposes with the obligatory indication of the author and an active hyperlink to our website.