What is a claim - how to draw up, why you need it, how to hand it over, pre-trial procedure. How to spell claim or claim
Before stating your requirements in the claim procedure, try to talk with the seller (manufacturer), as it is possible that your requirements will be satisfied without any special "problems". If you do not meet halfway, then make a claim.
When writing a claim, first decide on your requirements. To do this, it is desirable to choose some main - the most significant drawback in the product or in the quality of the service provided. To clearly understand what you want from a seller or contractor, you should familiarize yourself with the basic consumer rights guaranteed by law. This is where your requirements come from.
Basic consumer rights
. for quality
. for safety
. for information
. for damages
The right to quality means that the seller must transfer a quality product to the consumer, and the contractor must perform the work (provide the service) with high quality.
The right to safety: the consumer has the right to ensure that the goods (work, service) are safe for the life, health, property of the consumer and environment. The requirements that must ensure this are mandatory and are established in the manner determined by law (clause 1, article 7 of the Law of the Russian Federation "On Protection of Consumer Rights").
The right to information: the consumer has the right to the necessary and reliable information about what is sold, who sells and by whom it is made, how and when it can be purchased. Based on this information, we must get an accurate idea of the manufacturer (performer, seller) to contact him, if necessary, with the relevant requirements and of the goods (works, services) for their correct choice.
The right to compensation for damage: For violation of the rights of consumers, the seller (manufacturer, performer) is liable under the law or the contract (Article 13 of the Law of the Russian Federation "On Protection of Consumer Rights"). If the contract provides for a greater liability or a penalty in a greater amount than provided by law, then the terms of the contract shall apply.
The claim is made in 2 copies, one of which remains with you.
Specify the exact name of the company, its address. This information must be included in the documents without fail should be in the "Corner of the consumer" in trading floor or at the company's office.
Enter your details: name, address, phone number.
Briefly state the essence of the conflict situation.
For the fastest solution (may require an examination), indicate the one most significant, in your opinion, defect in the goods or the fact of the provision of low-quality services.
State your requirements: refund, replacement of goods, reduction in the purchase price or cost of the service (your choice).
Be sure to specify real term fulfill your requirements. Usually it is 10 calendar or business days.
Put a number and a signature.
Attach photocopies of the documents you have to the claim: checks, contracts. Do not give away the original! He must stay with you.
So, let's imagine a situation when the goods you bought turned out to be of inadequate quality. Paragraph 1 of Article 18 of the Law "On Protection of Consumer Rights" gives the consumer the opportunity, at his choice, to demand:
Free elimination of product defects or reimbursement of expenses for their correction by the consumer or a third party; proportional reduction of the purchase price;
Replacement for a product of a similar brand (model, article);
- replacement for the same product of another brand (model, article) with a corresponding recalculation of the purchase price.
The consumer, instead of presenting these requirements, has the right to refuse to fulfill the contract of sale and demand the return of the amount of money paid.
Protection of consumer rights in the performance of work (provision of services) is regulated by Chapter III of the Law "On Protection of Consumer Rights", therefore, possible consumer requirements for the contractor are regulated not by Article 18, but by Article 28 of the Law:
- appoint an executor new term;
- entrust the performance of work (rendering of services) to third parties for a reasonable price or perform it on their own and require the contractor to reimburse the costs incurred;
- demand a reduction in the price for the performance of work (provision of services);
- refuse to fulfill the contract for the performance of work (provision of services).
The consumer has the right to demand also full compensation for losses caused to him in connection with the violation of the deadlines for the performance of work (provision of services). Losses are reimbursed within the time limits established to meet the relevant requirements of the consumer.
It is also necessary to take into account the peculiarities of regulating the presentation of claims in relation to certain goods (services, works), specified in the Law "On Protection of Consumer Rights". See: The Law "On Protection of Consumer Rights", the List of technically complex goods in respect of which the consumer's requirements for their replacement are subject to satisfaction in the event of significant defects in the goods, the List of durable goods that are not subject to the buyer's requirement to provide him free of charge for a period repair or replacement of a similar product, and other provisions of regulatory legal acts regulating the protection of consumer rights.
In order to avoid formal reasons for the seller to delay the resolution of the issue, it is advisable to indicate only one of the above requirements in the claim.
In conclusion, you can indicate to the seller (performer, etc.) that you intend to go to court with a statement of claim if your requirements are not satisfied within the time period set by you ( minimum terms set out in the Consumer Protection Act).
The claim is made in two copies. It can be submitted in two ways: by registered mail with a notification of delivery or directly to the seller (in this case, it should be borne in mind that in order to subsequently establish the date of filing a claim, it is necessary that your copy of the claim has a note from the seller (performer) about the receipt of this claim). Wherein:
- Take one witness with you. Maybe even a close relative. His testimony will also be sufficient for the trial.
- In the presence of a witness, transfer the claim to the entrepreneur or employee of the company. If they refuse to accept the claim (in the presence of a witness, they are unlikely to refuse), just leave the claim on the counter or on the desk of an office employee. In this case, the witness must write on your copy of the claim that they refused to accept the claim, and it was left in the department. The witness indicates his passport data, date and signs.
- If you are offered to leave the goods in the department for examination, you can immediately leave it, only on your copy of the claim the seller must make an appropriate mark or give a receipt. However, if you are not sure of the seller's honesty and that he will keep your goods in good condition, it is better not to give the thing away, but to offer to bring it directly to the expert on the day of the examination.
You don't have to be afraid of expertise. Cases when entrepreneurs try to “resolve” issues with an expert “amicably” and not free of charge are rare. Experts value their reputation, work and will not commit a crime on such a trifling issue. And it is simply more profitable for an entrepreneur to give in to the requirements of the consumer than to “resolve issues” with an expert. In addition, a repeated independent examination can always be appointed (by the court or at your request).
When all preliminary stages passed, it remains to wait. Wait for the period specified in the claim. The very next day after the expiration of this period, you can draw up and send a statement of claim to the court.
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 drafting 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.
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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;
- You need to detail the list of possible consequences that will occur if your requirements are not met.
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:
- Description of the specific situation or conflict that has arisen;
- Footnotes from the contract or documents that confirm existing violations;
- partner requirements;
- Signature;
- 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 indicate 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:
Legal disputes, conflicts, disagreements can be settled not only by going to court. A fairly effective way to convey "dissatisfaction" to your business partner, organization or institution is a letter of claim or claim.
What is a claim letter and why is it needed?
A claim letter is a written appeal of a person to his counterparty, containing a requirement to eliminate the violation of his subjective rights. The claim, as it were, “warns” that the next step may be to go to court or another instance.Many civil law contracts, especially long-term contracts, such as deliveries, contain a condition that a party must file a claim before going to court. But even if there is no such condition, it is more expedient to first write a letter of claim and try to resolve everything peacefully, rather than spending huge resources on litigation.
What should be included in the claim and how to file it?
The claim letter must include:
- Full name of the sender, or name of the organization, return address for communication and telephone number;
- Name of the recipient of the claim with the address of departure. If the letter is sent to an organization, then its head must be indicated;
- The circumstances of the case in which the violation occurred, as well as what exactly this violation is expressed in;
- Reference to the legal norms that the counterparty has violated;
- A specific requirement to eliminate the violation, as well as the deadline for its implementation;
- Adverse consequences for the violator that will occur if the requirement is not fulfilled;
- Signature, stamp, date;
Sample letter of complaint to a customer
General Director of Atom LLC
Ivanov I.I.
000000, Moscow,
B. Strochenovsky per., 1
From Petrov P.P.
000000, Moscow
Lenina ave. 1 apt. 1
CLAIM
October 28, 2012 between Atom LLC represented by CEO Ivanov Ivan Ivanovich, on the one hand, hereinafter referred to as the Customer, and Petrov Petr Petrovich, on the other hand, hereinafter referred to as the Contractor, concluded an agreement No. specified in Specification No. 1 and acceptance and payment for the work performed by the Customer.
According to clause 1 of the Additional Agreement dated 30.01.2012. to the Agreement, payment under the agreement is made in three stages: payment of the first stage in the amount of 50% of the amount of Specification No. 1 of Appendix No. 1 until 12/31/2011. Payment of the second stage in the amount of 25% of the amount of Specification No. 1 of Appendix No. 1 until 30.04.2012. Payment of the balance of the amount is carried out within 14 calendar days from the date of signing the Acceptance Certificate of the work performed, provided that the work has been performed properly and on time.
The work performed by the Contractor under the Contract was presented to the Customer, for which he paid in the amount of 50% of the amount of Specification No. 1. According to the established business practices, as well as clauses 2.1.5, 2.2.3 of the Agreement, the Customer, after sending him the work, must check them and, in case of deficiencies, refuse to accept the results, draw up a protocol of comments with the Contractor indicating the deficiencies and timing of their elimination.
However, the Customer accepted the results of the work, paying 50% of their cost, without bringing comments on the quality and timing of the work.
In accordance with clause 1 of the Additional Agreement No. 1 dated 30.01.2012. payment of the second stage in the amount of 25% of the amount of Specification No. 1 of Appendix No. 1 is made before 30.04.2012.
According to paragraph 1 of Article 781 of the Civil Code of the Russian Federation, the customer is obliged to pay for the services rendered to him within the time and in the manner specified in the contract for the provision of services for compensation.
Clause 6.3 of the Agreement provides for the Customer’s right to refuse to execute this Agreement, subject to payment to the Contractor for the work actually performed, however, the Customer, in violation of this provision, refused to execute the Contract without paying the Contractor the provisions of Specification No. 1 and Additional agreement No. 1 25% of the amount specified in the specification.
With the Certificate of Evaluation of the Completed Works dated April 30, 2012, in which the assessment of the scope of work under the Contract dated October 28, 2012 was made. The Contractor does not agree, since this assessment was made by the Customer's employees, therefore, it does not objective character besides, in this Act there is no substantiation of the assessment made; The customer did not express any other comments regarding the work performed.
Agreement sent by the Customer No. 12-2461 on termination of the contract for the performance of work No. 11-057 dated 10/28/2012. contradicts the current legislation, namely clause 3 of article 154 of the Civil Code of the Russian Federation due to the fact that the text this agreement was not agreed by the parties, I do not agree with the conditions, therefore I do not consider it necessary to sign it.
The amount specified in Specification No. 1, including personal income tax, is 396,945.50 rubles. 25% of the specified amount is 99,236.38 rubles.
Based on the foregoing,
Pay cash under the Agreement in the amount of 25% of the amount specified in Specification No. 1 in the amount of 99,236.38 rubles. within 15 days of receipt of the claim.
In case of non-payment of the specified amount, I will be forced to apply to the court with a demand for the payment of this amount under the Agreement, for the collection of interest for the use of other people's funds under Article 395 of the Civil Code of the Russian Federation and legal costs.
"__" ____________ 2012 ______________ Petrov P.P.
Features of some claim letters
debt repayment letter
This letter should indicate the specific amount of the debt, the due date for its payment, as well as the stipulated penalties and fines. If the contract does not provide for interest, the borrower nevertheless has the right to demand payment of remuneration for the use of his money, in accordance with Article 395 of the Civil Code.In order for the counterparty to understand what the required amount consists of, the claimant must make a detailed calculation of it. It can be included in the text of the letter itself, or in an attachment to it.
Claim against a supplier, contractor, or customer
It indicates which clause of the contract he violated. Most often, the deadlines for completing work on master plan, the schedule for the delivery of objects under a construction contract, as well as various delays in payment, or incomplete transfer of payment by the customer.To support your arguments, it is necessary to use, in addition to the Treaty, articles Civil Code reinforcing these relationships. For example, if the quality of work under the contract turned out to be low, the customer will be helped in drawing up a claim under Article 723 of the Civil Code.
Product quality claim
This is one of the most requested types of claims. A poor-quality product is one that does not perform or does not fully perform its usual functions. The claim must state exactly what defect the product has.The law stipulates that such a claim can be filed during the warranty period, or within two years from the date of purchase. If it is submitted after two years, then the burden of proof of inadequate quality passes to the seller.
Complaint to insurance company or bank
A loan agreement, an insurance agreement are accession agreements, that is, the client of these organizations cannot agree on any clause of the agreement with the organization, he either agrees to it or not. But, by signing the contract, in the future, the illegal clause can be changed or canceled.The claim must contain the disputed condition, as well as a reference to the norm of the law, which this condition contradicts. In addition to the court commercial bank can be “threatened” by the Central Bank, an insurance company - by the Service for financial markets, and both of them - Rospotrebnadzor.
Several years have passed since the day when the collection of bank fees for maintaining a court account fell under the ban. Banks, changing the name of this fee, continue to demand money from customers for the service. In the vast majority of cases, the claim forces credit organization return the funds paid, since litigation will bring her even greater losses.
Complaint letter from transport company
The following violations by the transport company are possible:- disruption of the supply of goods or cargo;
- underdelivery of goods;
- delivery of goods of inadequate quality;
- delay in the delivery of passengers and their luggage.
Answer to the claim letter: what to write in it?
It is always necessary to respond to claim letters, because, firstly, this is how it is observed Business Etiquette, secondly, if the claim remains unanswered, the party that sent the letter may regard this as a guide to more serious measures. The answer must include:- Information when the claim was received by the person and that it was accepted for consideration;
- A specific response to the request contained in the letter. If it is affirmative, and the counterparty agrees with the claim, he indicates what measures and within what time frame will be taken to eliminate the violation. If you do not agree, then you need to argue the refusal;
- Date, signature, seal of the organization.
Complaints must be responded to in a timely manner. It is also advisable to send a response in the same way that the claim letter was sent.
All organizations, as well as individuals intending to file a claim, need to be aware that:
- the text of the claim must be clear and understandable for the counterparty;
- it should contain a specific requirement to eliminate the violation, and not abstract formulations;
- according to the rules of business turnover, it is proposed to respond to most claims within 10 days;
- the letter must contain the details of the parties and contact information;
- copies of documents that can serve as evidence must be attached to the claim.
It comes from the Latin language (or rather - late Latin) and initially looks like this - "praetensio". More precisely - from the verb "tendere".
So the prefix "with" cannot be there. You just have to remember, or - hit the study of Latin))
That's right - "claim". Wrong - "claim". It remains to be seen why.
Finding out whether the beginning of this noun ("pre-") is a prefix or not is meaningless. It will do absolutely nothing when writing. Indeed, in the Russian language there is both the prefix "pri-" and the prefix "pre-". So which one should I write? If it is not a prefix, then the root can also begin with both "pri-" and "pre-".
Therefore, I would recommend putting aside all thoughts about prefixes and roots. And even knowing that the first syllable of the root in "claim" goes back to "prae-" (before) will not save either. Because the one who knows about "prae-" will not be mistaken, and the one who does not know will not remember this foreign combination.
The word "claim" requires rote memorization. Let's write a little memory at the end, maybe it will help someone:
"The applicant has made a claim" (all three words begin with "pre-").
Free legal advice:
In writing Russian words with pre- and pre- prefixes, words that do not have these prefixes are studied at the same time. They are usually borrowed from other languages. In this list of words recommended for memorizing their spelling, we list the following:
claim, presidium, prestige, presentation, private, prelude, preamble, prevail, reptile, precedent, etc.
In the word "claim" it is impossible to check the spelling of the letter e in the first syllable. This is a dictionary word.
Correctly speak and write claims. The stress does not fall on this letter, so often instead of e you hear and.
Unfortunately, this is one of the words whose spelling cannot be checked by the rules and cannot be invented with the same root with an accent on the first syllable, since it is of foreign origin (from Latin). Therefore, you just need to remember it.
Free legal advice:
A claim to possession by someone of something; a right to something. Also, a complaint about someone, about something. Feel hurt.
Claim - you just need to remember what is written with an "E".
There is a more detailed description in the Ozhegov dictionary :)
The spelling rule of prefixes PRE and PRI cannot be applied here, because PRE goes to the root of the word.
The spelling of this word must be checked against the spelling dictionary, open it and find this word:
As you can see, it is correct to write a word through the letter E. There are no single-root words with an accent on this unstressed vowel in modern Russian.
Free legal advice:
The word CLAIM came into Russian from the French pretention, in turn it is from the Latin praetendere - to claim. Polish Pretenzja. The stress falls on the second syllable, and the stressed vowel is pronounced firmly.
This word is a dictionary, we remember its spelling.
The correct spelling of this word is CLAIM and nothing else.
This word is of Latin origin; it is not possible to find a single-root or test word for it.
Let's just remember that it's spelled with an "E".
Free legal advice:
Correctly, at the root of this word there will be a letter y, that is, a claim is written. For those who have a photographic memory, here is a picture for clarity.
The word "complaint" is quite common in modern world and society.
The only option that will be correct in spelling is "pretence".
This word has no test words, so it should be learned.
The word "claims" in its composition does not have a prefix and the entire part -claims will be the root.
Free legal advice:
The word is Latin and therefore is written the way it is formed, so the first vowel -e just needs to be remembered.
How to write a claim? Sample Claim
Most people don't know how to write a claim correctly. Moreover, they are embarrassed and embarrassed to do so, suppressing their anger in response to misconduct, ugly attitude from the staff and / or poor-quality goods. But this is an absolute right of any consumer, why not take advantage of it? In this article, we will look at how to write a claim correctly. Her sample, too, will not be left without attention.
Claim Form
There is one thing that needs to be firmly understood. Such issues are resolved in writing. That is why we are asking how to write a complaint correctly, and not how to simply present your complaint. A written claim is a legal document, which is why it must be drawn up in accordance with all the rules.
Basic Rules
In addition to the above, there are basic requirements that any example of a claim must meet:
Free legal advice:
- the document must have two copies (copies);
- be sure to indicate in the upper right corner the following: to whom the claim was made (full name of the organization) and from whom (full name and indication of the place of residence);
- an indication on the basis of which law the document was drawn up (with specific references to articles of the Civil Code);
- claims must be described in detail;
- an indication of what kind of compensation the consumer expects from the organization (note: this should also be based on the articles of the Civil Code of the Russian Federation);
- an indication of the validity period of the claim (usually ten days) and a note that if no action is taken or at least no written response is received, an appeal to law enforcement agencies will follow;
- date and signature are also mandatory.
Only one copy of the claim is submitted to the organization, the second remains with the consumer.
Defective goods
The first example we'll look at is a defective product claim. Defects can vary and may result in a different response from the organization that sold the product. But how do you write a claim for a product?
We demand legally
The consumer has the right to demand:
- replace the product with the same/similar one;
- receive a discount corresponding to the defect of the goods;
- repair of the product at the expense of the enterprise / elimination of defects (if possible);
- return the item and get a full refund.
Timing
For how long and how to file a claim? We will consider a sample a little lower, we only note that such a document can be presented during the warranty / expiration date. If the warranty period is not established - within two years. The time is counted from the day of purchase or from the day of the season for seasonal goods (eg shoes, gloves, etc.).
Sample
Address: Belgorod,
from Ishchenko Marina Ivanovna,
Free legal advice:
residing at:
411075, Belgorod,
st. Pozharnikov, d. 67, apt. 23,
On 11/17/2015, I purchased Nike men's winter boots, black, r. 45, worth rubles. The warranty period for this shoe was 50 days.
On December 8, 2015, a defect was found on the boots - thinning of the skin at the place of bonding with the sole. Because of this, the shoes became unsuitable for wear.
Free legal advice:
In accordance with Art. 18 of the Law of the Russian Federation "On Protection of Consumer Rights" dated 02/07/1992 No. I ask you to replace the product with a similar or similar one or to refund its full cost. I want a response within 10 days.
If in doubt about the defect, I ask you to conduct an examination of the goods at the expense of the seller (the period is 20 days from the date of filing a claim in accordance with Article 21 of the Law of the Russian Federation "On Protection of Consumer Rights"). In this case, please notify me of the examination in writing.
In case of non-satisfaction of my requirements within the stated timeframe, I reserve the right, at my choice, to put forward other claims in accordance with Article 18 of the Law on Consumer Rights and go to court.
I am enclosing a copy of the receipt with the claim.
Free legal advice:
Ishchenko M. I. ________________________ signature.
This example clearly illustrates how to write a claim for a return / exchange / refund of a defective product. Well, we move on to the next point.
Unfortunately, it is not uncommon for a situation Insurance Company delays 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.
Basic moments
A pre-trial claim must be submitted to the insurance company in writing with a request to give the same written response. The response time is five days from the date of submission of the document.
Example
In order to understand how to write a claim, a sample is best suited. That is why it is presented below.
Free legal advice:
From: Mishchenko Alexander Ivanovich,
st. Heroes of Labor, 7, building 18,
02/15/2015 at 15:04 at the Rosa Luxembourg crossroads, Andreychuk Sergey Vladimirovich, while driving (indication of the brand and sign of the car), hit my car (mark and sign), causing material damage to my property.
On February 17, 2015, I applied to the insurance company (name) with a corresponding application. Upon recognition of the case as insured, the amount of the assigned compensation amounted to (.).
The payment did not cover the restoration of the car, so an independent appraisal company conducted an examination to assess the true cost of this operation. She composed (.). From which it follows that at the present moment OJSC (.) has not paid the amount of insurance compensation required by me by right.
Free legal advice:
Based on the above, I demand payment in the amount of (.) within five days of receipt of this claim. The indemnity includes the corresponding insurance payment and the costs of an independent examination.
Please transfer the required amount to my account using the following details: (.).
In the event that my claims based on current legislation Russian Federation, I will be forced to go to court.
I am also enclosing an independent review report.
02/23/2015 Mishchenko A.I. _________________ (signature).
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Finally
The claim, like any other official document, must be drawn up in as much detail as possible. concise style, with links 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.
How to make a claim correctly - basic rules and samples
Violations in the sale of goods, work and services occur all the time. Either the purchased goods turned out to be of poor quality, or the service was not received on time, or the supplier did not provide the promised products. In order to effectively protect against abuse by unscrupulous sellers and employees of companies providing various kinds of services, it is necessary to learn how to properly use the tools provided by the legislator.
We will talk about the pre-trial claim procedure for resolving disputes, tell you what claims are, what types they are, how to properly draw up a document and respond to a refusal to satisfy claims.
What is a claim and when can it be filed?
The claim is a written requirement to the company (person) that sold the goods, performed the work or provided the services to eliminate the violation committed against the applicant. This is an official document that is submitted in the course of pre-trial settlement of a dispute to restore the rights of the injured person. Simply put, a claim is a complaint that is sent by the one who received a low-quality product or service or did not receive it on time, to the one who is guilty of this violation. The claim procedure for resolving a conflict situation allows you to avoid litigation and thereby save money and time. Any person who believes that he was provided with a service of inadequate quality or sold a low-quality product may make a claim in this regard and demand the restoration of violated rights. This benefits both the victim and the perpetrator. The first one, faster than through the court, receives the goods he needs, the service of adequate quality or compensation for them, and his counterparty avoids the cost of legal costs, payment of compensation for moral damage and other financial losses.
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When the claim is not satisfied voluntarily, you can go to court. In some cases, disputes are not considered in judicial order unless a claim has already been made. The law provides for mandatory pre-trial settlement; without it, the statement of claim will not be considered. This happens, in particular, in case of violation of consumer rights or in the case when the mandatory claim procedure is fixed in the contract between the parties.
For claims in the event of receiving a low-quality service or product, the requirements for the terms of presentation are established:
- During the specified warranty period or after its expiration within a 2-year period after the provision of service or receipt of goods.
- If the warranty period is not established, then no later than two years after the sale of goods or services.
Important: if the seller of goods or service provider is an organization, the claim should not be addressed to a specific person who sold low-quality goods in a store, to an unscrupulous waiter, cashier, courier or loader, but to the head of the company. When the intruder self employed, the claim is made in his name.
Claim types
Claims can be classified according to a variety of criteria. Below are some of them.
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- About returning the goods and receiving the money paid for it.
- On the elimination of defects in the goods.
- about the replacement of goods.
- About correcting errors made in the provision of services.
- On termination of the work contract, etc.
By types of contracts:
As special kind claims are considered an act of reclamation (or simply - reclamation). This is a letter that is drawn up by a business partner dissatisfied with cooperation to the counterparty, that is, the second party to the contract. It contains requirements that must comply not only with the norms of the law, but also with the terms of the agreement.
How to write a claim?
It will not be possible to find a template or form of a claim letter in the legislation. There are no strict requirements for an application demanding the provision of goods or services of proper quality in any regulatory legal act. It can be served in any form. However, in order to correctly draw up a claim that will really allow you to restore violated rights, you should follow some rules. Otherwise, the lawyers of the infringing company will certainly take the opportunity to refuse to meet the requirements.
It is necessary to prepare a letter in two copies, one of which is sent to the addressee, and the second remains with the author.
Tip: you can find out the legal address of a company or individual entrepreneur to send a letter of claim to the tax authorities by requesting an extract from the state register: EGRIP - to get the address of the entrepreneur, Unified State Register of Legal Entities - to get the organization's data.
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Hat - to whom it is addressed
As in any other document that has an application form, when making a claim, it is supposed to fill in the so-called "cap" located in the upper right part of the sheet. Here you should indicate who the claim is made to. If this is an individual entrepreneur, his last name, first name and patronymic are written in the header. In the case of a legal entity, its name must be mentioned. The name of the director or other manager may not be indicated. You should carefully approach the completion of this paragraph, since indicating the wrong addressee may become an obstacle to satisfying the requirements. The claim must indicate exactly the name of the company, and not the specific store where the goods were purchased, or the service center that provided the service. In the cash register, sales receipt or other document that confirms the fact of payment, you can find the details legal entity or an entrepreneur responsible for a low-quality product or service.
The heading of the application also contains information about its author. In addition to your last name, first name and patronymic, contact details should be indicated so that, if necessary, you can contact the person who filed the claim and agree on the conditions for satisfying the requirements.
header
After filling in the header, the name of the document is written in the center of the line: “Claim”. The document may have a different name, for example: "Statement", "Complaint", "Appeal", "Demand" or "Letter". It doesn't change the essence. No matter how the title sounds, if the document contains a requirement to eliminate a violation of rights, it is considered a claim.
Description of the problem
It is necessary to state the essence of the case and substantiate your claims. Describes the circumstances under which a service of inadequate quality was provided or a low-quality product was sold, indicating the dates and reasons for the applicant's dissatisfaction.
Requirements
It should be clearly articulated how the applicant sees the resolution of the conflict. At the same time, it is advisable to refer to regulatory legal acts and agreements concluded between the parties. You can describe your requirements with such phrases as “Please replace the product with a similar one of good quality”, “Please terminate the contract”, “Please return the funds that were paid for the service” and the like.
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Deadline for reply
There are no uniform requirements for the terms of consideration of a claim in the legislation. They can be established in contracts for the performance of work or the provision of services. In addition, for certain types claims, the deadlines for consideration are specified in regulatory legal acts. For example, a calendar month is given to prepare a response to a claim regarding violations in the provision of communication services or transportation. In some cases, claims must be met within two weeks or five days.
Important: when specifying the deadline for a response in the claim, it is necessary to refer to the regulatory legal act or the contract in which it is provided.
Consequences of dissatisfaction
The applicant warns how he will act if his pre-trial claim ignore or refuse to meet the demands. As a consequence, an appeal to the court for protection and compensation, including moral damage, is indicated.
Applications
The application must be accompanied by all documents by which the consumer can confirm the validity of his claims, for example, a sales receipt, a certificate from the warranty workshop or a warranty card. In this case, it is better to keep the originals, and send copies to the violator. The text of the claim should mention which documents are attached to it.
Date, name, signature
The claim cannot be anonymous. Without a signature and indication of the applicant's surname, name and patronymic, it has no force and will not be considered. Another mandatory requisite of the claim is the date. Its absence can create problems in the subsequent appeal to the court.
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Claim letter sample
As a kind of guide to writing a complaint, we have prepared a selection of samples for the most common violations. We offer you to choose one of the examples we have collected that is most suitable for your situation.
Service complaint
Complaint to management company
Insurance company claim
Application for a refund of goods
Buyer return request
Complaint to the supplier about a defective product
Phone refund claim
Complaint to Russian Post
Claim to the store
Claim to Sberbank
What to do if your claim is not satisfied?
Upon receipt of a claim, the addressee is obliged to decide how it will be considered. If, for example, it is decided to carry out a quality check, the complainant should be advised when and where it will be carried out. If the seller blames the buyer for the shortcomings of the goods, an examination must be carried out. The person submitting the document has the right to be present at all the mentioned events.
If the claim is rejected or ignored without responding within the time limit provided for this or within a reasonable period (about a month), it remains only to apply for protection in government bodies authorized to exercise control in the relevant area - Rospotrebnadzor, the prosecutor's office or the court. At the same time, in statement of claim the requirements that were set out in the claim should be supplemented by the recovery of additional costs and compensation, including non-pecuniary damage, lost profits and penalties.
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So, a claim is a way of pre-trial conflict resolution. Despite the fact that the legislator does not impose clear requirements on the form and content of this document, a certain practice of claim settlement of disputes has been formed. In order to increase the chances of a positive decision on the issue, as well as to have reliable evidence in the event of a subsequent appeal to the court, one should consider both general rules, and some nuances of drawing up claims in different situations.
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When purchasing a product or receiving any service, each consumer expects their high quality. It is assumed that the staff has the necessary qualifications and experience, and only checked and serviceable items are on sale.
But often we have to face the opposite. A person who does not understand this or that field at all, but is familiar with the work only from materials from the Internet, can serve. As for the goods in the store, the seller, in response to a claim about the quality of the goods, can be heard: “If you don’t like it, don’t take it.” What to do in this case? The answer is simple - write a claim. As often happens, just after seeing the official document, managers become more polite and friendly and with great pleasure go forward in solving the problem.
Claim: what is it and when can I file it?
In the case of buying a poor quality product, the consumer can be sure that the law is on his side. Moreover, such purchases are not only possible, but must be returned, regardless of their cost and the duration of the claim.
A claim is an official document reflecting the consumer's demand to exchange a low-quality product (service) or return the money spent on him (her).
Often, after discovering a marriage and contacting the seller about it, the consumer is refused for reasons such as the absence of a check or violation of the integrity of the package. You need to know that this is not a basis for refusal, and by law the seller is obliged to accept the goods, even if there is no packaging or receipt.
If the organization refuses you, then you need to be patient and write a claim.
What is needed to create a document?
First of all, you need to know the correct details of the seller: the exact name, address and surname and initials of the person in whose name you are going to write a claim. Most often, this person is the head of the organization.
How to write a claim - by hand or type text on a computer - does not matter. The main thing is that reliable data are indicated and there are two copies of the document. One must be given to the representative of the company that provided the low-quality goods, and the second (certified by the seller) remains with the consumer until the end of the problem.
If the buyer is not completely sure that he is right, then he can first turn to the laws and regulations, the consumer protection department or a lawyer. All this will help to make sure that you are right, enlist support and understand how to act in this situation, what to rely on and what to expect from the seller company.
About requirements and expectations
Writing a claim for a defective product is not as difficult as it seems, but what can be the result?
- Replacing a product with a similar one. If it is proved that the item sold is of poor quality, then the seller, at the request of the affected buyer, can replace it with the same item, only in good condition.
- Return of the spent amount. You can claim a refund for the defective product. Money. This happens when the buyer has no desire to continue to cooperate with the seller and does not believe in the possibility of obtaining a quality product (replacement) in this particular place.
It is also worth noting that you can write a claim with the addition of a clause on reimbursement of the difference between the cost of the goods on the day of purchase and its price on the day the proceedings on the issue in question are completed.
How to write a claim: sample
Often the text of the claim looks like this.
Store manager "Sputnik"
Vladivostok, st. Svetlanskaya, 3
from Semenov A.A.,
residing at:
Vladivostok, Okeansky prospect, 31, apt. 5
Claim for termination of the contract of sale and replacement of goods of inadequate quality with a similar one.
March 16, 2015 in the Sputnik store located at the address: Vladivostok, st. Svetlanskaya, d. 3, I bought 4 bulbs for LED lamps in the amount of **** rubles.
When buying, the seller refused to check. The reason was the lack of special equipment.
On March 31, 2015, I called in an electrician to install the bulbs mentioned. After opening the packages and carrying out the necessary manipulations, the specialist found that none of the purchased light bulbs was working.
On April 2, 2015, I contacted the store with a request to replace a low-quality product. This was denied to me. The refusal was motivated by the fact that I myself ruined the light bulbs, using them in violation of technology.
Based on the foregoing and in accordance with Articles 18, 24 of the Law of the Russian Federation "On the Protection of Consumer Rights", I ask:
- Replace me with a low-quality product with a similar one of the appropriate quality. In the absence of this type of light bulbs for sale, I ask you to return the money to me in the amount of **** rubles.
- Reimburse the difference in the cost of the sweets I purchased on the day the goods were purchased and my requirements were met. If there is no such model on sale, then at the price of a similar product.
In case of refusal to satisfy the requirements, I will be forced to apply to the court for the protection of my rights and legitimate interests.
I ask you to report the decision made by the phone number indicated in this requirement within the prescribed period.
When you need money, not goods
How to write a claim for a refund? Very simple. You just need to remove the phrase about the exchange of goods for a similar one. If you need the money spent and do not want to cooperate with this seller anymore, then write about your desire to receive the amount spent.
Seller's actions
If it was decided to write a claim for a refund or replacement of goods, then the next step after it is drawn up is to contact the store (to the service provider).
Being on the spot, you need to go to the seller and hand him one copy of the claim. It is best to attach copies of checks, the sales contract and everything related to the problematic transaction.
At the same time, it is necessary to ask and make sure that the representative of the company puts the date, signature with its transcript and the seal of the organization on both copies. By this he shows that he is familiar with the requirements of the client.
For the buyer, the second copy of the claim with the original receipts and other documents will serve as proof of the purchase of the goods, repeated requests and that the seller accepted the claim for low-quality goods for consideration. All this may be needed if the problem is resolved through the courts.
What will happen to the goods?
The seller has the right to give the goods for examination. This will allow him to verify the inadequate quality and fairness of the claims.
Also expert review allows you to find out whether it was a factory defect or the thing came into disrepair from its improper use after purchase.
If you doubt the impartiality of the examination, you can always contact independent centers for a re-examination and other necessary procedures.
An expert opinion can also help when filing a lawsuit.
Seller's refusal: what to do next and how?
Correctly writing a claim is not yet a solution to the problem. Often, organizations that have sold you a low-quality product or service do not want to admit this and everyone possible ways trying to avoid responsibility.
In such cases, remember the following:
- No need to go where the seller's representative suggests. Often this can be service center and other third parties. In this case, you should ask the seller to write his data on the claim and where you are offered to apply. If such an inscription is made to you, then we can assume that the company is familiar with the content of the claim. That's enough for the court.
- Completed on company letterhead. This is an illegal requirement. Try to give exactly your option. If you still have to fill out a standard store form, then boldly describe all your requirements from scratch, and cross out unnecessary items.
- Delivery by mail. By registered mail with notification and description of the contents of the envelope. By the way, keep your receipt and receipt for payment. You will be reimbursed after the trial.
These methods will help you prove in court that you did everything possible to resolve your differences.
How to write a claim to an insurance company?
A lot of dissatisfaction among consumers is caused by the work of insurance companies. Often the consideration of the issue of compensation for damages is delayed for long term, and all questions and appeals of the company give excuses and promises to fulfill their obligations. What to do in this case?
First of all, write a claim to the insurance company. This can be done in two ways:
- Use the form of the insurance company.
- Compose your own document.
In both cases, an accurate statement of the facts and reference to legislation is required. It is they who will give more complete information about what exactly the insurance company violates or what kind of assistance the client expects from it.
Contents of claims against insurance companies
The required items will be:
- Contact details. Name, address of the organization and the same about the client.
- Description of the insured event. Detailed, with all dates and confirmations.
- actions of the insured. About the previous appeal to the organization, with the date, case number and listing of documents provided earlier in accordance with the agreement with the insurance company.
- Reason for filing a claim. Often this is a default.
- Target. Obtaining the necessary compensation, payment of a penalty, etc.
- Actions of the insured in case of non-satisfaction of his requirements. At this point, they usually write about the subsequent appeal to the court.
- Date and signature.
Lawyers or employees of the consumer protection department can answer the question of how to write a claim correctly.
Upon presentation of the document to the company, it is necessary to follow the same points as with the return of low-quality goods to the seller. With any actions of company representatives, you must remember about a possible appeal to the court and that your actions must be confirmed by the signatures of employees (with their transcripts and indication of positions) and, preferably, seals.
About timing
Consideration of a claim cannot take forever, as it might be more convenient for the seller. There are certain time frames in which he will have to meet.
Deadlines may vary depending on the situation and the deal itself. If a contract was concluded during the purchase of goods, then the terms for consideration of claims by the buyer may be prescribed in it.
In the event that there are no specified deadlines, one should be guided by the legislation. According to it, the response time is 10 days. It starts from the next day after receiving a claim from the consumer.
From the above material, it becomes clear that the main difficulty is not how to write a claim, but how to achieve its execution from the seller.
Understanding the essence of what this document should contain, and knowing the mandatory points, you can solve any problem with a low-quality product or service. After all, it is not so difficult to describe the actions of unqualified personnel or the quality of goods.
The main thing to remember is that the law is on the side of the consumer. This applies to the return of goods of any quality (except those that cannot be exchanged by law). And, perhaps, if consumers defend their rights more often in such situations, there will be fewer low-quality goods and you won’t have to think about the question: “How to write a claim for a product?”
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 an exchange of illiquid products, a refund for a low-quality product or service, payment of a debt, a 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 Laws "On the Protection of Consumer Rights" or the Civil Code of the Russian Federation, which regulate the solution of the current situation and protect your rights and interests.
Write about possible consequences failure to meet your requirements. Indicate that you have the right to file a lawsuit in the courts and demand that the requirements be enforced in court. 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.
Set a realistic deadline for fulfilling 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 binding nature of claims relating to certain types of 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 the second party is by sending it 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.
