How to write a complaint letter to a client. On termination of the contract

Claim for non-fulfillment of the terms of the contract: when it is necessary to file it

A claim for non-fulfillment of the terms of the contract is a document containing the claims of one party to the other, which arose as a result of the latter's failure to fulfill the terms of the contract concluded between them. A sample claim for violation of the terms of the contract is a running form in legal practice, because it allows you to quickly draw up claim letter and either collect the debt or set the stage for a further claim.

At the legislative level, cases of mandatory filing of a claim are defined:

Nuances of the claim procedure

Risks! If the mandatory pre-trial procedure for settling a dispute with a counterparty is not followed, the court will refuse to accept the claim, the documents will be returned to the plaintiff (subparagraph 1, paragraph 1, article 135 of the Code of Civil Procedure of the Russian Federation, subparagraph 2, paragraph 1, article 148 of the Arbitration Procedure Code of the Russian Federation, subparagraph 1, paragraph 1 article 129 of the RF CAS). As a result, the necessary time may be lost.

When a pre-trial claim procedure is not mandatory, filing a claim will still be an appropriate action. On the one hand, the counterparty that received the claim can fulfill the requirements of the sender. This eliminates the need for litigation.

On the other hand, if the counterparty does not even comply with the requirements, in some categories of cases a delay in execution will begin to flow and interest will accrue (for example, in cases of unjust enrichment or in cases related to the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On consumer protection").

Recommended! It is advisable to attach copies of documents that will confirm the requirements of the sender to the claim letter. This applies to cases where the recipient of the claim does not have such documents (for example, documents evidencing losses incurred - contracts with third parties, payments, etc.). This will not allow in the future the defendant in court to refer to the fact that the claim was unfounded, and the adverse consequences of the breach of contract for the plaintiff were unconfirmed, and therefore unsatisfied in the pre-trial order.

How to make a claim for improper performance of obligations under the contract

The current legislation regulates the terms of the content of the text of the sample claim for non-fulfillment of the terms of the contract in rare cases (for example, in Article 16.1 of the law “On Compulsory Insurance of Civil Liability of Owners Vehicle"dated April 25, 2002 No. 40-FZ). However, it is possible to formulate a number of recommendations on its content. A sample letter of claim for non-compliance with the terms of the contract should include:

Information about the addressee and sender.
Title: "Claim", "Claim letter", "Pre-arbitration warning".
An indication of violations by the counterparty with links to documentation confirming such violations.
The requirements of the sender, as well as the consequences of their non-fulfillment by the counterparty.
Deadline for a response (if it is not established by law or contract).
A list of attached documents confirming non-fulfillment of the terms of the contract, as well as the authority of the person who signed the claim.

IMPORTANT! If the claim procedure is mandatory, and the text of the claim itself does not contain all the requirements (for example, there is no requirement to collect a penalty, penalty, fine, etc.), then the court will apply to the claim where such requirements are set out the consequences specified in the relevant procedural code (decree Federal Antimonopoly Service of the Northwestern District dated November 26, 2013 in case No. А56-74168/2012).

You can download a sample letter of non-compliance with the terms of the contract by clicking on the link: Sample claim for breach of contract.

A claim for non-fulfillment of the terms of the contract informs the counterparty that they have violated previously reached agreements, and requires them to be eliminated. According to the current legislation, the presentation of this document is necessary in almost all situations, if in the future it becomes necessary to consider this dispute in court.

A claim letter is a document that one of the parties sends to its counterparty in case of failure to fulfill its obligations or attempts to change the terms of a previously concluded agreement unilaterally. This type business correspondence is used if oral negotiations did not give the desired result.

Grounds for compiling a document

Any contract initially provides for the fulfillment of obligations by each of the parties. But in practice this does not always work out. Sometimes one of the counterparties, without warning his partner, decides to change the terms of the preliminary agreement. Such actions are completely unacceptable, as they are a gross violation of that part of the contract, which refers to the rights and obligations of the parties. This situation requires resolution, and the first step is usually an oral conversation. If the partners fail to reach a consensus, one of them sends a claim letter to the guilty party.

True, there is one very important point. Similar business correspondence must be done legally. To do this, initially, when concluding a cooperation agreement, in the text of the document itself, the parties must provide for the rules and deadlines for filing claims, as well as ways to resolve conflicts that may arise in the course of joint activities. This information should be in a separate paragraph. Then, if a disputable situation arises, one of the parties can send a claim letter to the culprit, setting out in it his vision of resolving this conflict.

Sample letter plan

The parties must formally express their dissatisfaction in writing. This is a prerequisite for the submitted document to be valid. In addition, there is a certain plan in accordance with which any claim letter is drawn up.

Such a document, as a rule, consists of several parts:

A generalized description of a specific situation. The essence of the problem should be reflected here and all violations committed should be listed.
It is mandatory to use quotations from specific normative acts in the text. When listing the partner's mistakes, it is necessary to state the incompetence of his actions, confirming his opinion with verbatim phrases taken from the texts of decrees and laws regulating these problems.
Demands must be put forward in the form of an ultimatum. In this part of the letter, it is imperative to specify the time frame during which the perpetrator can independently eliminate the fact of the violation. The time frame must comply with the norms allowed by law.
In conclusion, the sender must certainly indicate the date of the document and put his signature with its full transcript.
Such correspondence usually contains attachments. They include the entire evidence base. These are certificates, copies of letters and other documents to which the sender refers in the main text of the document.

In the presence of all these points, the submitted claim is considered reasonable and correctly drawn up.

Rules for compiling a document

Usually, the company has a lawyer on staff who knows how to write a claim letter. Otherwise, the management may invite an outside specialist by concluding a contract with him on a paid basis.

To begin with, it is worth noting that it is better to send a claim by registered mail with a notification, supplementing it with a list of available attachments. The second copy of the document must be kept for yourself. This is necessary in order to confirm the fact of the action itself, which, in fact, is a way of pre-trial resolution of the conflict. Having set out on paper all the necessary information in accordance with the standard plan, it is necessary that the culprit understands who, for what reason, and what specifically wants from him. When it comes to the quality of the product or service provided, the partner must clearly state his requirements and explain what he expects as a result: the elimination of the defect, the provision of a discount or a return. Money.

In case of violation of the deadlines, the text of the letter should contain a specific date proposed to the second party for a decision. Usually, as a result of misunderstandings, one of the counterparties suffers certain losses. Therefore, it would be reasonable if, as an annex to the claim, a detailed calculation of the funds shortfall as a result of the conflict that has arisen is provided. The addressee must respond to such a message within the time limits established by law (10 or 30 days), and send it in a similar way (by registered mail). As practice shows, often such correspondence still gives a positive result.

Debt collection

For an example, consider specific situation and figure out how to write a letter of claim, for example, about debt collection. Such a document may be addressed to:

partner
organization or trading company;
private person.

All information must be presented gradually:

First you need to formally contact the opposing side. And this should be done as politely and without emotion as possible.
After that, you need to state the essence of the conflict. For example, the buyer did not pay for the goods received on time and continues to ignore this fact. It is necessary to remind him of his obligations, indicating the specific clause of the contract and its partial content.
Then the sender must put forward his requirements and report how he sees Possible Solution this conflict. At the same time, your thoughts must be expressed clearly and understandably, without assumptions and vague formulations.
This is followed by the date, signature and details of the sender, to which the culprit can send his answer.
The letter ends with a list of accompanying documents (attachments) that confirm the validity of the claim.

If it was not possible to agree, one of the parties can safely file documents with the court, attaching a copy of this letter to them.

A claim is a requirement for a counterparty to fulfill certain obligations: payment of a debt, compensation for losses, payment of a fine, elimination of defects in the delivered product, sold thing or work performed.

The claim can be made in any form. In practice, a claim transmitted directly, a claim letter and a claim sheet are used. The claim must include the following items:

The addressee to whom you send the claim: the director of the store (indicate the store), the general director (indicate the organization). You can indicate the full name of the director (if you know the full name).
Who is the claim coming from? You need to indicate your full name and address, phone number - for communication.
A separate line indicates the name of the document: CLAIM or STATEMENT
The text of the claim sets out the essence of the case: start from the beginning: For example, on March 21, 2009, I purchased (goods) in your store, or - I entered into an agreement with you for the provision of (services), then state the circumstances of the case and the essence of your claims, to substantiate the claims it is advisable to refer to the relevant articles of laws: For example, according to Article 29 of the Law "On Protection of Consumer Rights", I have the right to terminate the contract for the provision of services, since significant shortcomings in the service provided were made.
State your requirements clearly. For example, I ask you to terminate the contract dated March 21, 2009 and return the 15,000 rubles paid under the contract to me.
State at the end of the claim what your intentions are if your claims are not satisfied voluntarily. For example, otherwise I will be forced to go to court. AT statement of claim, in addition to the above, I will ask the court to recover from your company a penalty and compensation for non-pecuniary damage.
Date and signature
Please indicate which documents you are attaching to claims- for example, APP:

Copy of sales receipt
Copy of the warranty card
A copy of the certificate from the warranty workshop

The claim (statement) must be written in two copies, one of which is transferred to the store, and the store employees must put their signature on the second. This copy will remain with you as confirmation that the claim has been received by the store.

If a entity liquidated or actually ceased its activities, and it has no legal successor, then it is necessary in each specific case either to choose another counterparty, to which, in accordance with the law, the consumer can make a claim or contact a public association of consumers, where they will give you advice on how to act in such situations.

If for some reason the seller (manufacturer, performer) refuses to accept the claim, or put his signature on your copy, send the claim by registered mail with . It is also possible in the presence of two eyewitnesses, which may be your relatives or acquaintances, to leave a claim to any employee of the seller (manufacturer, performer). Then, on the second copy, it is necessary to make a record that the claim was handed in at that time in the presence of eyewitnesses with their signatures and indication of their addresses and passport data. At the same time, it should be taken into account that these eyewitnesses may subsequently be called to court as witnesses to confirm the fact of the transfer (delivery) of the claim.

Having received a claim, the seller (executor) must decide on the procedure for considering your claim. So, for example, having decided to conduct a quality check, he must notify you of the time and place of its conduct. If the presence of a defect is not disputed, but as a result of a quality check, the seller (executor) considered that the cause of the defects is your guilty actions (for example, violation of the rules of storage or operation) or inaction (for example, failure to comply with the requirements for maintenance), then the seller is obliged to conduct an examination.

The consumer has the right to participate both in quality control and in the production of expertise. To avoid misunderstandings, we recommend that you initially express your intention in the text of the claim, with a request to inform you of the place and time of the quality check (if it is not carried out at the time you transfer the low-quality goods) or examination, indicating the persons who will conduct them.

In this article, we'll show you how to properly file a consumer protection claim and how to properly serve it.

How to write a consumer protection complaint?

There is no single universally binding form of the claim. What you call your claim - a statement, a demand, a complaint, a claim - is also not important. Much more important is what you write in this claim. General rules are:

General, vague wording should be avoided in claims.

It makes no sense to write that you are asking to "understand the situation", "punish the guilty". Also, do not pour out your own emotions and subjective dissatisfaction: if you are not satisfied, for example, with the service in the store, the sellers are rude, write a review in the book of complaints and suggestions, through the form on the store's website, on a specialized website with reviews.

Your claim should always clearly state your requirement:

return money, exchange goods for a similar one, eliminate defects, etc. According to the consumer protection law, the right to choose a specific requirement belongs to the buyer. That is, if you do not specify your requirement, the store will make a choice for you and choose the most profitable option for itself, for example, repair instead of a refund.

It is advisable to write only one requirement in the claim.

By different types requirements the law establishes different dates consideration. For example, you ask for a refund or exchange of goods for a new one. To resolve a claim for a refund, the store has 10 days, for an exchange - from 7 to 20 days. In such a situation, the store will be tempted to consider your claim for as long as possible - 20 days instead of 10.

The claim must be as short as possible.

Let's tell you a secret: no one likes long claims and complaints. Try to indicate in your claim only the most necessary data, do not litter the text with the details of your quarrels with the store employees, write to the point, respect your own and other people's time. The optimal amount of the claim is no more than one A4 printed page. Let the store read your claim quickly and understand what you want right away.

Key information to be included in a claim

Destination	The person to whom you are writing a claim, the full name of the store, car dealership, insurance company, bank, etc. (individual entrepreneur or legal entity). Data can be taken from the contract, sales or cash receipt.
The address	The actual address of the store or legal address. The legal address can be found by the TIN number on this website of the tax service http://egrul.nalog.ru/
From whom	Your full name, postal address for sending a response, contact phone number, you can also specify an e-mail
Title of your letter	Claim, statement, complaint, demand, etc.
Contract details	Date of purchase by check or conclusion of the contract, contract number
Product (service) data	Product name, quantity, model, color, VIN, etc.
Price	Specify the full price of the goods or services under the contract, the amount of the prepayment.
Guarantee period	If the product has a warranty period, write its duration.
Essence of the claim	Describe the defects found, refer to the violation of the terms of delivery of goods, performance of work under the contract, etc.
Grounds for filing a claim	Link to an article of the law and / or clause in the contract
"Ask"	Indicate your specific requirement (termination of the contract and refund, exchange for a similar quality product, etc.). Here you can also indicate the requirement for the payment of a penalty, compensation for moral damage, damages. If you are asking for a refund, please provide your correct bank details.
Appendix	List of attached documents (copy of check, details of your account for transferring money, confirmation of losses, etc.).
Claim date	The date you take the claim to the store or mail it in
Signature	Put your own handwritten signature, indicate the transcript (Surname I.O.)

How to file a claim?

Remember: claims are always made in writing. According to our practice, stores respond much better to written claims than to verbal appeals. The seller may verbally refuse you, but if an official claim falls on the table of the store director, he will look at the situation in a completely different way.

The claim is submitted in paper form. Print your claim or write it by hand. You can also use a ready-made claim form available in the store to file a claim. To speed up the resolution of your issue, you can duplicate the claim by e-mail.
If you are filing a claim in person, you must have 2 identical instances of the claim. You will give one to the store employees, on the second they will be required to mark the receipt of the claim (date, signature, full name, position, seal, incoming number). Take the marked copy and keep it.
If the store refuses to accept the claim, or you are unable to personally take the claim, you can send it by mail. You need to send one signed copy of the claim with attachments. In this case, you should still have proof of shipment, so send either by registered mail with acknowledgment of receipt, or by value mail with a list of attachments and notification. Keep the postal receipt of shipment, the inventory with the mail stamp and the notice (when it will be returned to you).

On a note:
The delivery status of your letter can be tracked on the Russian Post website. You will need to enter mail ID from the shipping receipt (14 digits). In the table that appears, you will see the date your letter was delivered to the addressee.

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.

With absence strict form filing a claim, it is still important to provide some data.

Specify the counterparty data, the name of the organization and its full name CEO, contact details and 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 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 job title responsible officer the defendant's organization remains with you as evidence 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?

Daily entering into market relations, 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 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 deliver the letter to an individual or legal entity.

In case of personal transmission of the letter, one of the copies must be marked on receipt 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 not accepting 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 complaint about Bad quality 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.