Claim is a document that allows you to resolve a dispute peacefully until you go to court. In some cases, the filing of a claim to a potential defendant is mandatory, for example, when it comes to legal relations with the carrier. And even if the contract does not provide for a claim submission procedure, this does not deprive one of the parties of the right to apply to the other party with such a claim.
To date, at the household level, claims are most often made regarding the supply of low-quality goods and in cases of unsatisfactory work of the builder. Regardless of whom the claim is submitted to, the claim must contain certain details and parts of the document.
"Cap" of the document
A sample of writing a complaint to a store or bank, to the developer begins with a “heading” of the document, in which the details of the parties are indicated.
First, the details of the party to which the claim is made are filled. If the name of the head of the organization is unknown, then it is better not to indicate it. You can clarify the legal and actual address, full name of the organization where you are contacting, on the company's official website.
After that, you should indicate your data, including contact information, which will be used to send a response to the claim.
Headline
The next paragraph in the sample claim writing example above is the heading, namely, “Claim”. This word is recommended to highlight and write in capital letters.
Under the heading, you can provide clarifying information, for example:
- "On the return of funds in the amount of ... under the contract ...";
- “On the return of defective goods purchased in the store”;
- “On violation of the deadlines for the commissioning of the facility provided for by the equity agreement ...”
In fact, this text is only an informational part, which allows you to understand what is at stake from the first seconds.
Situation description
The next section in the sample claim writing is a plot where the current situation is described.
It is recommended to start by indicating the fact of the purchase of goods. This can be a contract or a purchase in a retail store, which is confirmed by check or receipt. Then, circumstances are prescribed under which it was possible to establish the unsuitability of the goods. It is not necessary to describe everything in detail, let alone talk about your emotions, only the bare facts set out dryly and briefly. It is mandatory to clarify what exactly does not work or what manifests itself in the poor provision of the service.
Legal grounds
The next section, according to the sample of writing the claim, contains legal grounds that gave the right to appeal to the provider of services or goods. If you do not have a good command of the legal framework, then it is better to contact a lawyer. If you download a sample from the Internet, with links to specific articles, then it is better to check their relevance on the official website of the federal legislative base, as all regulatory acts are regularly amended.
Penalties
A sample of writing a claim in case of failure to fulfill the terms of the contract may contain a requirement to pay fines, interest or penalties.
For example, in order to recover a penalty from the developer, you should carefully study FZ-214. And if the counterparties used other people's means, then you should refer to article 395 of the Civil Code.
Calculations of penalties or fines are best indicated with the formula that was used.
And most importantly, the requirements
Below is another example of writing a claim letter. The climax in the drafting of the document is the wording of its requirements. In this section, the claims put forward and what the applicant wants to receive in the end are clearly spelled out, for example:
“.. I demand to return the money paid by me in the amount of ... for the goods that I purchased ... (receipt of payment ...) in the amount of ... rubles.”
Applications and Signature
What else can you learn from the sample of writing claims for the return of goods? After the requirements are put forward, all applications that are attached to the requirement should be indicated. This is a listing of all copies of documents regarding the negotiated transaction (contracts, checks, acts, evaluation reports, etc.).
At the same time, it is irrational to apply the documents that the opponent has. In particular, if there is a contract, then it is not necessary to transfer a copy of it to the counterparty. However, when it comes to retail, it is better to attach a payment receipt, warranty card.
At the end of the claim, the date of preparation, the full name of the applicant and his signature are indicated.
How to deliver a message
So, we examined the sample claim for a refund. The writing of the document is completed, so a new question arises: how to transfer the requirement that in case of refusal this document could be evidence of an appeal to the supplier in court proceedings? There are several options for submitting a claim:
- Personal delivery. In this case, it is understood that the claim is transferred to the bank or store to the employee or manager. On the copy of the request, the recipient must put a mark on receipt, the incoming number and date. It is the second copy that will be the evidence in court.
- Mailing. If it is not possible to transfer the claim in person or the recipient refuses to officially record the fact of receipt, then you should use postal services. However, it is mandatory to draw up a letter with a notification and a list of attached documents, which will act as evidence in court.
In practice, it is usually the second method that is most often used. First of all, it is an “iron” guarantee that the judge will not have to prove yet that the plaintiff turned to the defendant. Secondly, it is an opportunity to save your nerves and time.
Terms of consideration of the requirement and procedure for providing an answer
Even if, when writing a claim, all the norms of the current legislation were observed, the most important question is how and in what time period the party to which the claim is presented will respond?
The timing of the response is described only in a number of laws, in particular in Federal Law 2300-1, regarding relations related to violation of consumer rights. In such cases, a response to the claim must be provided within 10 days from the receipt of the claim.
In other cases, at the level of regulatory acts, there are no clear deadlines for the consideration of claims; therefore, it is advisable to indicate the desired time period within which the claim should be considered, it can be 7, 10, or 30 days.
It should also be clear from the text of the claim in what form the applicant wishes to receive a response, to which address the response should be sent.
Consequences of receiving a negative response or lack of response
It’s clear that even if a claim for a product was modeled and everything in the requirement is stated correctly, there is always a chance that the recipient will not answer or answer, but refuse. It will also fail to frighten the recipient by going to court, since it is already clear that if the claim is not satisfied, then the discontented party has no choice but to go to court.
Therefore, in the text of the claim, you should write not only the phrase that in case of refusal the applicant will have to go to court, but also describe other negative consequences. And this is payment for the services of a lawyer or lawyer, state duty, penalties, payment for the services of an independent expert, and so on.
Claim or complaint?
In practice, many people who are not related to jurisprudence often confuse two concepts: “claim” and “complaint”. At first glance, it may really seem that these documents have no fundamental differences, but this is a completely wrong opinion.
A sample of writing a claim for a return of goods necessarily implies a requirement for pre-trial settlement of the conflict. The complaint expresses a requirement to bring certain individuals to justice and a request for their punishment. When filing a complaint between the parties there is no contract concluded, therefore, there are no administrative legal relations.
Where else to write a claim before going to court
In addition to directly contacting the supplier of goods or services, in case of violation of consumer rights, illegal actions of financial institutions or banks, you can file a complaint or claim with the following authorities:
- Rospotrebnadzor;
- Roskomnadzor;
- Central bank;
- to the financial ombudsman;
- to the federal antimonopoly service.
Almost all of these structures provide the opportunity to seek help through the Internet.
We resolve the conflict with the bank
With the development of lending in our country, many dissatisfied borrowers have also appeared who turn to banks with claims and complaints. The reasons for this are many: from poor-quality and rude services at banks, imposed paid SMS notifications to unlawful charging of commissions and fines. Before deciding to go to court, it is still recommended to write a claim for a refund, a sample text can be found for almost every situation. If we are talking about a loan agreement, then the claim should refer to specific paragraphs of the document, the terms of which were violated. The claim may require recalculation of the interest rate, if, in the opinion of the borrower, it is incorrectly calculated, you can even demand termination of the contract. The main thing is that the requirements are within the framework of the signed agreement and the current legislation.
It is a fairly common situation when, when concluding a mortgage agreement, the borrower is required to conclude a life insurance contract or issue a policy in case of loss of work or work capacity. However, such actions of the bank are completely contrary to the current legislation. The only thing the borrower must insure is the acquired immovable property. Even if an insurance contract already imposed is concluded and paid, do not be upset. According to the provisions of Article 16 of the RFA, the insurance company is obliged to return the funds paid and terminate the transaction.
If goods of inadequate quality are received
What to hide, today you can buy low-quality goods in any, even the most expensive store. If we are talking about a small purchase, then this can still be experienced, but if you purchased large household appliances? And the most unpleasant thing in such situations is that the seller, as a rule, refuses to return the money or exchange the goods, moreover, explaining that there are no similar products for replacement. It is in such situations that the consumer should not be upset. An urgent need to write a claim for defective goods, a sample of which is compiled on the basis of and similarity to other types of claims.
FZ 2300-1 fully protects the rights of consumers and makes it possible to exchange goods of inadequate quality or return funds for a purchase, even if the goods simply did not fit in style or color.
For example, the text of the claim may be as follows:
“... I bought boots ... date ... in the store ... (sales receipt ...). The warranty on the goods is 30 days, which is confirmed by the warranty card from ... (date). However, two weeks after acquiring the boots, a crack formed on the sole. Such damage does not make it possible to further exploit shoes, as they are completely unusable.
Based on the foregoing and guided by articles ... of the Law ..., I demand that you return the goods of inadequate quality and return all funds for the purchase, in the amount of ... to the bank account ... within 10 days from the receipt of the claim.
In case of assignment of an independent damage assessment, please indicate the date and venue to me personally ... ”
If low-quality service is provided
In some cases, turning to a medical institution or to a construction contractor for repairs in the house, you can get completely different from what was originally agreed. At the same time, it does not matter at all whether there was an oral transaction or a written contract was drawn up. In such cases, the customer is not deprived of the right to appeal to the service provider.
A sample of writing a claim for a low-quality service should contain specific requirements:
- price drop;
- complete elimination of deficiencies;
- Compensation for losses, both material and health caused by the customer;
- the provision of re-service;
- termination of the transaction and / or payment of penalties provided for by the terms of the contract.
In general, a claim is the tool that allows you to quickly resolve a conflict situation or prepare the "ground" for going to court.