How to write a letter of claim. Rules for registration and sample pre-trial claim

In the event of disagreement between the parties to the contract, a claim should be sent indicating their requirements to the other party. In a claim letter, you can demand the exchange of illiquid products, return Money for a low-quality product or service, payment of a debt, fine or compensation for moral or material damage.

Claims are of many types. The most common reason for disagreements and claims is dissatisfaction with a service or product.

A claim letter with requirements is drawn up in writing, arbitrarily.

A claim is a pre-trial option for resolving a disputable situation, which is why pay attention to the competent and clear drafting of a letter.

There are no clear restrictions and frameworks for drawing up claims. The composition of the letter is arbitrary, but try to keep formal business style when filing a claim.

In the absence of a strict form for filing a claim, it is still important to provide some data.

Specify the details of the counterparty, the name of the organization and the full name of its general director, contact details and the legal address of the company.

Enter your details: name, address and contact numbers.

In the middle of the sheet, write the name "Claim" and then describe the situation.

Describe the situation in as much detail and as clearly as possible. Indicate the date of the incident, your actions.

Refer to the clauses of the contract, provided that you entered into one with your opponent.

Submit your requirements. Requirements must be clear and concise. Don't give your opponent an opportunity for misinterpretation or ambiguity.

Refer to the provisions of the Consumer Protection Laws or Civil Code Russian Federation which regulate the solution of the current situation and protect your rights and interests.

Write about the possible consequences of not meeting your requirements. Indicate that you have the right to file a lawsuit in the courts and demand the execution of requirements in judicial order. But in addition to the stated requirements, you will demand compensation or payment of a penalty. Make it clear to the counterparty that it is more beneficial for his side to resolve the case without resorting to litigation.

Install real term fulfillment of your requirements, after which the claim will be sent to court.

Please indicate which supporting documents you have attached to the letter. In the attachment to the letter, the presence of checks, an agreement and other documentation confirming the transaction will be indisputable evidence before the other party or the court.

Attach copies of documents to the claim, all originals must remain with you.

At the end of the letter, put the date of the letter. Below is your signature with a transcript.

The claim statement is made in two copies. One copy is transferred to a third party. The second copy with the date, signature, transcript and title of the position of the responsible employee of the defendant's organization remains with you as confirmation of the transfer of the claim to the recipient.

In case of termination of the organization’s activities and the absence of a successor of rights, file a claim with another counterparty, to whom you can apply in accordance with the legislation of the Russian Federation.

If you do not understand how to proceed in this situation and to whom to file a complaint, seek advice from a consumer association.

What are the types of claims?

Entering into market relations on a daily basis, it is impossible to avoid situations of drawing up and filing a claim with the seller.

The main reason for filing claims is related to the Consumer Protection Laws.

The buyer has the right to demand the exchange of low-quality goods, a refund or the elimination of product defects. In accordance with this, claims are made for the exchange of goods, the return of funds or the elimination of defects.

Filing a claim is a means of pre-trial resolution of a conflict situation.

Also, a claim can be drawn up regarding a change in the clauses of the concluded agreement between the parties, or its termination, due to non-fulfillment of the clauses of the agreement by the second party.

Claims are made by both individuals and legal entities.

Articles of the Civil Code of the Russian Federation regulate the mandatory nature of claims relating to certain types contracts. Such contracts include: a contract of sale, a loan contract, a lease of premises or property. In some cases, filing a claim is optional.

You can make a claim not only based on the concluded agreement, but also on the actions of the other party, which entailed the infliction of moral or material damage. For example, a claim for damages due to an accident.

What is the correct way to file a claim?

It is important not only to correctly draw up a claim, but also to file it correctly. In case of refusal or ignoring the fulfillment of your requirements, you must have documentary evidence of this on hand.

The most successful way to transfer a claim to a second party is to send it by mail, by registered mail. When sending, an inventory of the attachment is compiled, where the name of each document attached to the letter is written. Also, you will receive a notification of receipt of a claim letter by the addressee. This notice will be strong evidence in the event of litigation.

The second way to file a claim is to personally send a letter to an individual or legal entity.

In case of personal transmission of the letter, one of the copies must be marked as received by the person to whom the claim was transferred. Your copy must be dated, signed and decrypted by the responsible person.

In addition to a written confirmation of receipt of the claim by the addressee, you can bring a witness with you who, if necessary, can confirm your words in court.

What to do if the claim is not accepted?

Ask for a written statement from the employee explaining the reasons for the refusal to accept the claim.

If you came with a witness, then you can leave the claim in a conspicuous place, and on your copy the witness will write that they refused to accept the claim and indicate the place where it was left. Witness testimony on paper is confirmed by the data of the witness, his full name, passport details, date and signature with a transcript.

When contacting sellers with a claim about the poor quality of the goods, you may be asked to conduct an examination. When leaving the goods, ask to note this fact on your copy of the claim letter or ask the employee who submits the goods for examination to write a corresponding receipt.

Claim letter(or otherwise a complaint letter) - view business correspondence, which is used in cases where one party to the contractual relationship expresses in writing to the other party dissatisfaction with the quality of fulfillment of obligations or informs about their complete absence.

As a rule, a written claim is preceded by verbal negotiations (personal or by telephone), which did not have the expected effect.

Regardless of whether preliminary negotiations were held or not, a written claim is the most correct way to solve problematic situations. This is due to the fact that it immediately, from the moment of its creation, acquires demonstrative legal force, and also in most cases, allows you to deal with the issue as soon as possible.

FILES

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.

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, they must be indicated here full names, and also, - with regards 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, the letter itself must necessarily 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.

Sample letter of complaint

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 the 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 agreement”).

Completing the body of the complaint letter

This section is followed by a descriptive part.

1. First you need to indicate the reason for making a claim, and if this is a violation of a clause of the contract, agreement or any other document, then you need to give a link to it, i.e. enter its date, number and essence.
2. If we are talking about money, then they must be indicated both in numbers and in words.
3. Then you should formulate the text of the claim itself (when there are several problems, they should be entered in separate paragraphs) and offer to fulfill your obligations within a specific timeframe (also in numbers and in words).
4. Finally, it is necessary to outline the actions that the sender is ready to take for a more radical method of solving the problem (for example, going to court).
5. At the end, the letter must be signed, with a transcript of the signature and an indication of the position of the signatory.

How to send a letter

A complaint letter can be sent in several ways.

• Email;
• Fax;
• Post of Russia.

The simplest and fastest options: through email or fax. But the most reliable way is conservative sending via Russian post. It is interesting in that it makes it possible to send a message by registered mail with acknowledgment of receipt, which in turn will indicate that the addressee is guaranteed to receive it. The downside here is also quite obvious - with this method, you need to have a margin of time. Combining the two options will be the most effective: for example, sending copies of the letter via regular and e-mail.

What to do after writing a letter

A letter of claim requires a response, and various developments are possible: satisfaction of claims in full, in part, as well as a complete refusal to satisfy them. As a rule, the answer itself is also in writing, in the form of a separate letter or a resolution imposed by the head of the addressee company on the claim received.

In cases where there is no answer, you should wait at least 30 days, and then file a claim with the court or a complaint with the supervisory authority.

Letter of claim for a refund

When is compiled

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 mandatory to record the fact that the claim was first tried to be resolved in pre-trial procedure, but the order of consideration was violated or the request was not satisfied.

Writing rules

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.

How to formulate a claim

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. П9н125467 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 met the delivery time for the goods, but upon its transfer, it turned out that the chest of drawers did not correspond to the provided sample in terms of 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.

May 13, 2017 / Dobronravova / L.A. Dobronravova

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

When is this document required?

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.

Complaint letter structure

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

1. "Header" - information about the addressee: physical or legal entity in breach of 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

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

When is this letter written?

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.

Compilation features

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 paid monthly before 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.

03.10.2016 CEO LLC "ZHKH-service" / Terentiev / V.V. Terentiev

Complaint letter for faulty goods

In what cases is

A letter of claim about the inadequate quality of the goods can be sent to the following addressees:

• to the supplier in case of delivery of goods, the quality of which does not comply with the contract;
• an organization that sold goods of inadequate quality to the end consumer.

Most of these documents are sent just in accordance with consumer protection.

What result is expected claim letter

In such documents, it is always customary to indicate what the sender of the letter expects in relation to the addressee. If we are talking about the inadequate quality of the purchased goods, then, depending on the specific situation, the submitter of the letter has a choice that must be stated in the document:

• replace a low-quality product with another similar, but of good quality;
• replace the damaged goods with the same, but of a different brand or article (by agreement, with or without a surcharge);
• reduce the price paid for the goods in proportion to the defects;
• free of charge to correct defects incompatible with the quality of the goods;
• pay for the elimination of defects in the goods, performed by the consumer or a third party;
• return all the money that was paid for the goods by returning it to the seller (the costs of the return are borne by the seller).

IMPORTANT! It is necessary to observe the deadlines for submitting a claim letter - there are certain time frames to satisfy the requirements.

Additional nuances

In addition to the voiced requirement, which is allowed by the Consumer Protection Law, and the usual details. Mandatory for business correspondence, a letter of claim about a defective product must contain supporting information. They can be in the form of attachments to documents indicating the fact of payment for the goods and non-compliance with quality. They may be:

• copies of checks, receipts;
• technical passport for durable goods (copy);
• a copy of the warranty card for repairs;
• act on the examination of technically complex goods, etc.

Head of Mirandolina LLC
Sventkovsky P.R.,
legal address: 410 620, Saratov, st. Chekhov, 91
from Nastoychenko L.Yu., residing at the address:
410 021, Saratov, st. Plyatkina, 26, apt. 60,
Tel. 427-06-18

CLAIM

09/08/2017 I bought a Smartphone from your company samsung galaxy J5 Prime SM-G570F in black, worth 12,990 rubles (according to a cash receipt). According to the attached warranty card, the smartphone is covered by a 12-month warranty.

According to Art. 4 of the Law of the Russian Federation "On Protection of Consumer Rights", the goods transferred to the buyer by the seller must be of proper quality, and by virtue of Art. 10 of the above Law, the seller is obliged to provide the buyer with complete and reliable information about the goods in a timely manner, which will provide an opportunity to make right choice. In accordance with Art. 8 of the Law of the Russian Federation "On Protection of Consumer Rights" information is provided in Russian. In violation of the above norms, all information about the smartphone was exclusively in a foreign language, which, by virtue of the direct indication of paragraph 22 of the Decree of the Plenum Supreme Court RF dated September 29, 1994. No. 7 “On the practice of consideration by courts of cases on consumer protection” (as amended on May 11, 2007) can be considered as a lack of necessary information.

Four days later, the phone failed: after trying to connect to mobile internet there is a failure, the phone does not make calls, you have to restart it.

Based on Art. 18 of the Law of the Russian Federation “On Protection of Consumer Rights”, clause 27 of the Rules for the Sale of Certain Types of Goods, a buyer who has bought a product of inadequate quality has the right to file a claim and ask for a refund of the money paid for it, as well as compensate for all losses caused by the sale of goods of inadequate quality . The consumer has the right to present the same requirements in the event that he was not provided with the necessary information about the product (Article 12 of the Law of the Russian Federation "On Protection of Consumer Rights").

In accordance with Art. 22 of the Law, the requirement to return the money paid for the goods, as well as to compensate for the damages caused, must be no later than 10 days from the date of receipt of the letter of claim. For untimely satisfaction this requirement Art. 23 of the Law provides for a penalty in the amount of 1% of the value of the goods for each day of delay.

By not providing me with the information on the product required by law, by selling a low-quality product, you violated my consumer rights, in connection with which I had to seek legal assistance and pay for the service of compiling this letter of claim in the amount of 500 rubles (the supporting document is a receipt from LLC Lawyer » dated 11/17/2017)

Taking into account the above circumstances, guided by Article.Article. 4, 8, 10, 12, 18, 22 of the Law of the Russian Federation "On the Protection of Consumer Rights", I refuse to fulfill my obligations under the sales contract and demand:

1. Not later than in 10 days, return to me the money paid for the goods of inadequate quality - Smartphone Samsung Galaxy J5 Prime SM-G570F in the amount of 12,990 rubles.
2. Compensate me for the costs (losses) caused by applying for legal assistance in the amount of 500 rubles.

If my legal claim is ignored, I have the right to file a claim with the court, where I will demand compensation not only material costs, but also moral damage, as well as the recovery of a penalty for the delay in meeting the legitimate demand of the consumer.

11/18/2017 /Nastoychenko/ L.Yu. Nastoychenko

Complaint letter for delays in delivery

Features of this type of claim letter

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 may be sent from individual as well as from the organization.

What must be included in the letter

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 (contract, payment order, waybill, 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 total cost 45 000 rub. 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, who was paid an advance payment for the goods in the amount of defined by the agreement, has not fulfilled the obligation to transfer the goods to the Buyer within the period also established in the contract, the consumer has the right to demand the fulfillment of one of the two options at his choice:

• 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.

If you have been sold a product that is damaged or has a defect in some way, you are legally entitled to demand a replacement for a similar product or a refund. However, most often the manufacturer is in no hurry to meet halfway and recognize the requirements of the buyer as legitimate.

In this case, you will have to transfer the communication to written form, and one of the first documents will be . This is a complaint document that the seller undertakes to accept and give an answer to, depending on the response received, further actions can be taken.

It's a shame to waste your money on a poor quality product.

It is not difficult to find a sample claim, but it is important that this document is drawn up correctly. There are many nuances and subtleties, the knowledge of which helps trade organizations evade responsibility for expired or low-quality goods, and the issue has to be resolved through the courts.

However, to begin with, it is worth trying to negotiate directly with the store, and for this you need to submit a well-written written appeal. The claim can be written by hand on a regular A4 sheet, or it can be printed using a computer and a printer. In all cases, it becomes a legally significant document and must meet certain requirements. It includes the following information:

• At the top of the sheet on the right is the name of the store, the surname and initials of the director, the address of the store. You also need to write who the claim is from: usually the name of the buyer and the address are written.
• The name of the document is a demand (claim) for the return of the cost of products and for the termination of the contract.
• The first part of the text is a detailed statement of the facts: you need to indicate when and where the product was purchased.
• The document must be accompanied by a sales (or cash) receipt and a warranty card (if it was issued for the goods). Without a receipt, it is difficult to prove that the product was actually bought in this store on the specified date, so it must be kept as long as possible.
• It is necessary to indicate in detail the characteristics of the goods: type, color, size, brand, number, etc., depending on the specific case.
• The next part is motivational. Describe in detail all the identified deficiencies that served as the reason for the appeal. If, for example, it is household appliances, you need to write about all the malfunctions and low-quality parts identified by the master in the service department.
• The operative part is the requirement to exchange the goods for an analogue or return the money. If we are talking about a large item, then the claim must specify the method of delivery. New product must be brought at the expense of the seller, or the store must compensate the buyer's expenses for transportation.

The claim must be written in two copies: the first is handed to the seller, the second must remain in the hands of the buyer, and it must be marked by the store on receipt. If it is not possible to resolve the issue peacefully, the document will need to be attached to the lawsuit, which is sent to court along with the store's response.

Important rules for filing a claim

Defective goods can be returned!

The law, as a rule, is on the side of the buyer, and when drawing up, several provisions can be mentioned:

• Art. 18 of the law confirms the buyer's right to receive money back if defects are found. It also states that the buyer has the right to demand compensation for all costs incurred when using low-quality goods.
• In Art. 309 of the Civil Code of the Russian Federation states that the seller cannot refuse his obligations and is obliged to comply with all requirements of the law.
• The provision of art. 18 of the law on consumer rights is duplicated in 50 Art. Civil Code of the Russian Federation - it can also be indicated when arguing that you are right.

There is another important condition: in paragraph 5 of Art. 18 of the law states that the consumer can seek a refund for a low-quality product or exchange it for an analogue even in the absence of a receipt.

In many cases, the seller refuses obligations precisely for this reason, therefore, in the claim, it is necessary to immediately make a note about the absence of a check with reference to the law. If your claims are denied, the case will be decided by the court, in which case the seller will also have to compensate for legal costs.

In this case, an independent will help the buyer, and you can demand that it be carried out at the expense of the seller, or that costs be recovered from him. Evidence in your favor will also be documents from the service department that you contacted to repair the goods. All documentation must be retained until the final decision of the case.

Sample claim for damaged goods

Sample claim for defective goods: sample

Consider an example of contacting a store with a complaint about the purchase of low-quality household appliances:

Director of the store "Asta"
Puzikov P.V.,
address: Yekaterinburg, Zelenaya street, 12.
from Petrov I.D., address:
Yekaterinburg, Partizanskaya street, 20.

Requirement (claim)
on the return of goods of inadequate quality

On August 25, 2015, I, Ivan Dmitrievich Petrov, bought an Indesit IWUB 4085 washing machine in the Asta store for 14,000 rubles, in addition, I paid for delivery in the amount of 500 rubles.
The warranty period assigned by the manufacturer "Indesit" is three years, this information is contained in the warranty card received upon purchase. This deadline expires on August 25, 2018.
On September 12, 2015, the washing machine broke down.

According to the warranty card, the pump was repaired in an authorized center and new components were installed. However, after 2 weeks, on September 25, 2015, the equipment stopped working again. I again turned to the service, where the master confirmed that the pump had failed again. Since the required parts were not in stock, the pump was not replaced. Using the washing machine since September 25, 2015 until today it is impossible.

So, a significant flaw was identified in the washing machine, which manifested itself repeatedly, in addition, it manifested itself even after the initial elimination.
According to paragraph 1. Art. 18 of the Law of the Russian Federation "On Protection of Consumer Rights", the buyer, if defects are found in the goods that were not specified by the seller at the conclusion of the transaction, has the right to refuse to fulfill the contract of sale and demand the return of money paid for the goods.

In this case, the consumer may demand compensation for losses that were caused by the use of goods of inadequate quality. Based on all of the above:

• To return to me the amount paid for the washing machine in the amount of 14,000 rubles. and 500 r. for delivery, that is, as a result, only 14,500 rubles.
• If the seller refuses to comply with these requirements, I will have to file statement of claim for damages in court.
• Please let me know in writing your decision.

Applications:

1. Washing machine warranty card (copy)
2. Sales receipt (copy)
3. Cash receipt (copy)
4. Delivery receipt (copy)
5. Repair document (copy)

As a rule, if the buyer competently files a complaint and understands the law, the seller tries not to bring the case to court. The requirements will be met, and you will either receive a refund, or the store will pay for the repair of the product, or you will be provided with a similar product. If it comes to that, you will need to provide as much evidence as possible to prove that you are right.

Thematic video consultation will teach you how to make a claim correctly:

Claim is part of the dialogue between partners. A fair claim is an opportunity to protect your rights and encourage a partner to fulfill obligations. Of course, when writing such letters, you will need special skill and virtuosity in order to maintain a relationship with a partner and at the same time say "everything you think about him."

The purpose of any claim is to convey full information about the problem that has arisen and to inform the addressee as clearly as possible about the possible consequences of non-fulfillment of obligations.

Claim - is a written request to the infringing party to voluntarily decide problematic issues. As a rule, the claim contains reasoned theses that officially inform about violations, contain links to relevant laws and regulations.

A claim letter can also be a document if it comes to litigation. It is for this reason that it is very important to correctly and tactfully compose this type of letter.

Statistics show that writing a claim causes difficulties for 90% of those who have started writing such a letter.

This is due to the fact that it is very difficult when writing to stick to the golden mean without sliding into a maelstrom of personal emotions or naked threats.

In this article, we offer you a general algorithm for easily writing a claim for any reason.

1. Start by pre-writing your letter.

• What was the subject or reason for filing a claim.
• What result do you expect from the consideration of the claim, that is, what will you require from the addressee.
• Gather the evidence base - documents relating to the subject of the claim (contracts, checks, certificates, receipts, etc.).
• Calculate the amount of damage.
• Understand the situation from the point of view of the Law. This will add credibility to you.

2. Plan for a letter of complaint.

1) Set the context in which you tell the recipient about the subject of the letter.

Let it be a neutral comment in which you indicate the date, conditions and circumstances of the purchase of a product or service. This will be the basic information from which the addressee will start.

We are writing to you about a problem that we encountered during the operation of a vacuum cleaner purchased in your online store on 10/30/14.

We are contacting your company regarding the work of a team of builders hired on 11/24/14 through an online resource www.strojka.com for finishing work in a new building.

On October 10, 2014, the HR manager of the Silver Keys Group turned to your agency for help in recruiting. We are asking for your help in resolving this situation.

In fact, this is the first phrase with which we must bring the addressee up to date and tune in to the wave we need. The context should be concise, but sufficient and specific.

2) Start criticizing the actions of the company that has violated its obligations.

It is important to remember here that the addressee did nothing wrong to you personally. Your recipient must help you, so do not pour mud on him. Try to tell the addressee as fully and objectively as possible how you were offended, what obligations you did not fulfill, what rights you violated.

On the site, this vacuum cleaner was accompanied by a 36-month warranty, but there was no warranty card in the box with it, just as there was no instruction manual. In addition, the online store "***" on the site does not indicate service centers that are ready to work with their goods under warranty.

Your company has not sent a contract for work, although the money for hiring has been transferred. The site manager promised that already on 11/25/2014 at 9.00 the workers would be at the facility at the address indicated in the form. However, neither on November 25, 2014, nor on November 26, 2014 did the team of finishers appear. Managers do not answer hot phone calls.

According to the agreement signed with recruitment agency"Hostess", within 30 calendar days, once every three days, your managers should have sent resumes of 3-5 new candidates for the vacancies listed in the contract. Agency services were prepaid for a month. However, within 14 days from the date of the conclusion of the contract, not a single resume was sent. It was not possible to get a clear explanation of the situation over the phone.

Describe the situation concisely, clearly and objectively. Criticism of the company's actions implies a description of the situation according to the model:what should have been done? – what did they do?Tell us about the documents confirming the agreements, do not forget to attach copies of them to the letter.

You are offended, out of indignation you want to tear and throw. You are ready to send sheets of abuse to the address of the offender ...

Now take a deep breath and exhale no less deeply ... Try to calm down. And do everything exactly the opposite: instead of humiliating the offender, help save him face. Remember why you chose this particular company. Write about good reviews, about reputation, about the positive experience of previous appeals.

This is not the first time we order equipment in the *** online store, and until that time we have never had such problems: all the documents were always included in the kit, although we never complained about the equipment due to its high quality.

There are a lot of positive reviews about your company, which became the main reason for contacting you for services.

My partners have repeatedly spoken well about the quality of work of your recruitment agency.

4) Justify your requirements.

So that your requirements are not unfounded, justify them. Refer to the clauses of the contract, if any, to laws, regulations, regulations, etc. At the same time, make sure that everything is accurate; and titles of documents, and paragraphs, and dates. You can even quote them.

Under the Consumer Protection Act…. Items can be returned or exchanged within 14 days...

In accordance with the Agreement No. 578 on the provision of services dated 10.10.14 ...., in particular with clauses 3-4 ...

5) Submit your claim.

Tell the recipient what way out of this situation you see. What would you like: return of goods, termination of the contract, material compensation, fulfillment of obligations, and so on. The addressee must clearly understand how he can resolve the conflict so that the case does not go to court, but your dissatisfaction is neutralized.

We kindly ask you to exchange the vacuum cleaner for us for the same one, but with all the documentation included.

I ask you to send a copy of the contract and send a team of finishers no later than 11/28/14.

I ask you to cancel the contract and return the prepayment in full.

Remember that the demand must be real and feasible, otherwise you cannot do without a court.

6) Do not drive the addressee into a corner. Look for a way out together.

Although the claim suggests an ultimatum tone. Give the recipient a chance to make a choice. Suggest a compromise.

If it is not possible to exchange a vacuum cleaner of this model for the same one, we are ready to consider options for vacuum cleaners in this price category with the same set of functions.

If you have any difficulties with the fulfillment of the terms of the contract, call *** to discuss alternative options for resolving the situation.

7) Express hope for the best.

Show that you are friendly to the addressee, but just want to defend your interests.

We hope that an acceptable solution will be found, and we will not need to go to court to demand the return of the cost of the failed vacuum cleaner and moral compensation. We would like to continue to use the services of the online store and look forward to your prompt action.

We hope that we can find a compromise and we will not have to meet in court.

3. How to issue a letter of claim?

1) Indicate in the form of the letter the details of the addressee and your own.

Specify in the details of the addressee:

• Surname and initials of the addressee
• Position (director, deputy, etc.)
• Company name and address (if possible)

Please indicate in your details:

• Surname and initials
• Address
• contact number

2) Specify the date the letter was sent.

3) Document's name

On a new line, in capital letters in the middle, indicate the name of the document -

CLAIM

4) Contact the addressee.

Despite the fact that you are offended and angry, find the strength and the opportunity to address the addressee by name and patronymic. This, on the one hand, will make the addressee feel at home, and on the other hand, it will impose on him the responsibility to deal with your problem personally.

Dear Nikolai Nikolaevich!

If you do not know the name of your addressee, contact him by position:

Dear director of LLC "KiKO"!

5) At the end of the letter, put a signature:

Sincerely, Korennaya V.I.

6) Specify applications.

In the attachments, list all the documents whose copies you are attaching to the letter and the number of sheets of each of them.

Applications:

1. Purchase receipt - 1 liter.

2. Warranty card for the product - 1 liter.

3. Expert opinion service center- 1 l.

This algorithm for preparing a claim letter will help you quickly and easily draw up a tactful and convincing claim for any reason.

And we wish you to meet the need to write such letters as rarely as possible!

Valentina Root,

	-	We did not find the information you need regarding business letters? Go to the site and you will find rules and examples of writing for all popular types of business letters. And every day there are more and more examples! If you want to write the most effective letter that will definitely not go unanswered, please contact us and our professionals will help you with this.	-	-
	-

Various legal disagreements or conflicts do not have to be resolved by a court.

Excellent effective way to show your dissatisfaction or claim is such a document as a claim letter. It can be compiled for a partner, any organization.

In this article, we will consider in detail what a claim letter is, why it is needed, what are its advantages and how to compose it as correctly and competently as possible.

What is a claim letter

A claim letter is a special document that is an appeal to your counterparty with a request or demand that he violate his agreements, as well as to eliminate these violations.

A claim letter is a kind of warning that if the organization or partner does not correct the situation, then your next action will be to apply to the judicial authorities.

When concluding a contract, many firms, organizations or business partners discuss or prescribe in the contract that if there are any disagreements, then first you should write a claim letter before going to court. But a claim, even without this paragraph, is an effective measure of influence on the counterparty without the use of legal proceedings when.

When is this type of letter written?

The claim letter is usually written in case of violation counterparty of its immediate obligations.

Within the law Compiling a claim letter should be in such cases:

• In a specific situation, the law prescribes the mandatory preparation of a claim letter;
• The agreement between the parties provides for the preparation of a claim letter.

There are circumstances in which recommended such a document. This is possible in such cases:

• Do you plan to continue partnership relations with your counterparty;
• You are confident in your partner and that he does not use the time of consideration of the claim in his favor and to the detriment of you.

If you have not yet registered an organization, then the easiest do it with online services, which will help you generate all the necessary documents for free: If you already have an organization, and you are thinking about how to facilitate and automate accounting and reporting, then the following online services come to the rescue, which will completely replace an accountant in your enterprise and save a lot money and time. All reporting is generated automatically, signed electronic signature and sent automatically online. It is ideal for an individual entrepreneur or LLC on the simplified tax system, UTII, PSN, TS, OSNO.
Everything happens in a few clicks, without queues and stress. Try it and you will be surprised how easy it got!

Form and design plan

There are no generally accepted standards and rules for compiling claim letters. But there are certain unspoken rules of etiquette to be followed in the preparation of this document.

Here is their list:

• The letter must be written in a business style;
• The document should be concise and as useful as possible;
• The claim letter should not contain negative emotions;
• You need to address your partner as politely as possible, since difficulties may arise through no fault of his;
• The letter must contain all your requirements;
• Need to list in detail possible consequences, which will come in case of non-compliance with your requirements.

Most often, a letter of claim is drawn up if it is about. But this is far from the only case. In principle, the preparation of a claim takes place in any case that concerns a breach of contract or non-fulfilment of obligations.

It is clear that there is no officially accepted plan for compiling a claim letter. However, below is indicative list of actions:

1. Description of the specific situation or conflict that has arisen;
2. Footnotes from the contract or documents that confirm existing violations;
3. partner requirements;
4. Signature;
5. Applications, which usually contain copies of all required documents or acts.

As for the claim form, the “header” indicates from whom and to whom the letter is addressed. In the middle, you should indicate the immediate situation, and at the end - put the date of compilation. But this is all an approximate plan, usually the preparation of a claim is carried out in a free form.

Document content in different situations

There are completely different situations and conflicts. The claim letter for each of them contains several features and nuances, which we will consider below.

About debt repayment

In this case, you should indicate the amount owed and accrued interest if they are provided for in the contract. But even if there is no such clause, the sender still has the right to demand compensation. The attachment of such a letter should include a detailed account of the finances owed to him.

About the quality of the goods to the supplier

Such a claim should describe what is manifested lack of goods. A poor-quality product can be called if it is not able to fully perform its proper functions. Writing such a claim by law is possible within two years after the purchase of the goods.

How to compose this species claim letter, see the following video:

About poor quality work

In this case, it is necessary to indicate which particular clause of the contract was violated by the partner. In the appendix, you need to designate the article of the law that regulates this conflict.

About the refund

In such a letter you need to set deadlines to which funds must be returned. You need to refer to the law, the necessary paragraph from which also needs to be placed in the document.

On termination of the contract

In this case, you need to specify reasons for terminating the contract. But they must be objective, since termination is possible with the consent of both parties.

To an insurance company, bank or pension fund

Such a document must specify controversial points , as well as references to laws according to which these points are not fulfilled.

For a transport company

In this case, it is necessary to refer directly to the contract with the company, the violation of which takes place. Links to the contract must be provided in the application.

Complaint letter to employer

If the employer does not fulfill his obligations or violates your rights, then you can write him a claim letter in which you state your requirements, referring to the points between you or to the points prescribed by law.

We discussed in detail how to write a letter of claim, and what documents to refer to, in what cases to draw it up and for what situations it is mandatory. So, now we should talk about what to do if a claim letter has come to your name, and how to write a competent answer.

How to compose an answer

Responding to the complaint letter is mandatory. This includes the rules of etiquette. In addition, the next step for the sender may be to go to court. It is important to note that the claim letter usually contains a clause that indicates the response time. You need to try to invest in them as much as possible.

So, in response to the claim letter must contain information like this:

• Notification that the claim has been accepted for consideration;
• In case of agreement with the requirement, a correct and concise answer, which contains the deadlines;
• In case of refusal, the most polite explanation of the reason;
• Date and signature of the originator, as well as the seal of the sending organization.

Additional Information, which may come in handy when composing an answer:

• The content should be extremely clear;
• There should be no abstraction in the answer, only specifics;
• The letter must contain the details of both parties, as well as the contact information of the defendant;
• The attachment should contain copies of documents and footnotes from regulations that may be helpful.

The answer to the claim should be as concise, correct and justified as possible. This will provide an opportunity to avoid conflicts and continue cooperation in the future, if you are interested in this.

So the list desirable requirements for a claim letter:

• The letter is written by hand or printed on an A4 sheet;
• Literacy and lack of corrections and blots is your main trump card. This will show respect for the partner and make him treat you with respect as well;
• You need to write and indicate only the main, basic information. But it should not be cut down with enumeration, all the necessary controversial issues must be identified;
• The claim must be factually substantiated. When referring to laws, you need to be sure that you have correctly identified the violation, and also that the letter takes place at all;
• The claim is drawn up in two copies, one of which remains in your hands, and the second is sent to the counterparty by registered mail, but preference is given to transfer in person.

Thus, a letter of claim is a worthy step that can solve many issues quickly, efficiently, without losing reputation and good relations with the counterparty.

About the rules for compiling this document explained in the following video: