Claim here. An example of a sample claim for poor quality services
Claim
How to write claim letters. Game rules and common mistakes.
Claim ( claim letter) - a written requirement to the party that violates the law, infringing on the rights of a legal or natural person (collective), to voluntarily resolve issues to eliminate them. As a rule, it contains reasoned theses officially informing
At the same time, on some pages of the site there are examples of claims that can be used as samples (1-2).
FROM A LETTER
“Good afternoon, I dare to ask you to help me, if possible, correctly compose a letter of claim, because my efforts do not bring results
and the apartment is still cold. December is just around the corner. Unfortunately, I don’t have the money to contact lawyers.”
Complaint letter sample. How to write it and what types are there
Any legal disputes, disagreements can be settled not only in court. You can easily convey your dissatisfaction with the help of a claim letter.
Let's say right away that a letter of claim is an appeal of a person to writing to your counterparty. Such a letter contains requirements for the elimination of any violations. By such an appeal, you inform that if the conditions are not met, then you will go to court.
Almost all employment contracts contain a condition that before going to court, it is necessary to send a claim letter. Even if there is no such condition, it would be very reasonable to initially write a letter and resolve the conflict peacefully. Agree, the trial will take a lot of time and resources.
What should be included in a claim letter?
Such a request must always contain the following:
It is worth noting that a sample claim letter can be written by hand, but you can also print it. In this case, there are no strict rules. However, such an appeal must be written in formal style. Very important: avoid ambiguous turns and any jargon.
Types and features of a claim letter
debt repayment letter
In such a request, it is necessary to indicate the exact amount of money owed. In addition, you must write the due date of the debt and that's it. stipulated fines and penalties, in case of non-payment of the debt. Note that even if the agreement did not provide for interest, the borrower can still demand payment of remuneration for the use of his money. This is stated in article 395 of the Civil Code.
So that the counterparty understands what amount in question and what it consists of, you must make a detailed calculation of the amount. The entire calculation can be included in the claim letter.
Letter to a customer or supplier
In this case, it is necessary to indicate which particular clause of the contract was violated. Often, the date of fulfillment of obligations under master plan. This may be the delivery of objects under a construction contract or a delay in payment.
In order to back up your claims with something, you can use the articles of the Civil Code, which officially fix these relations. For example, if overall quality on the work performed turned out to be low, you can use Article 723 of the Civil Code.
Product quality claim
Perhaps this is the most popular type of claim letter. A poor-quality product is one that does not fully fulfill its standard functions. So, in a sample letter of claim, you must specify exactly what kind of defect the product has.
According to the legislation of the country, such a claim can only be filed during the warranty period or for two years from the date of purchase.
Claim against a banking institution or an insurance company
Let's say right away that accession agreements are loan agreements or insurance agreements. Simply put, the client cannot agree on any item from the contract with the bank or insurance company. There are two options here: You either agree or you don't. But after signing the contract, the illegal clause can be corrected or completely canceled.
So, in the claim letter there should be a disputed condition. You must refer to the rule of law, which contradicts this condition. If the claim letter did not work, the bank can be threatened not only by the court, but also by the Central Bank.
Claims against transport companies
From any transport company the following violations are possible:
Directly all responsibility will directly depend on the type of transport. For example, if the goods were delivered by railway transport, then the penalty for delay will be about nine percent for each delayed day. For this reason, in this case it is necessary to refer not to the Civil Code, but to the contract itself.
Claim letter (download sample claim letter)
Probably, many readers will agree that in our life there are enough reasons to make claims, but not all modern Russians have an idea of how to do it right.
That is why you should carefully study the algorithm for compiling a claim letter, which will allow you to receive the most complete compensation for damage or any kind of harm.
And so, the concept of a letter of claim should be understood as an official document drawn up in the form of a letter, which is actually addressed to the guilty party in the incident, as well as in the event of its failure to fulfill its obligations under the previously concluded agreement, and also after the suppression of numerous attempts to change the conditions of the previously achieved unilateral agreements.
There may be several grounds for making such a claim, but the possibility of its use and the conditions for such manipulations must be agreed in advance, that is, even at the stage of signing a cooperation agreement.
In practice, the procedure for filing claims is usually reflected in the form of a description of the claims and the grounds for their use. For example, in contracts, a separate column specifies the terms for filing claims, the rights and obligations of the parties in connection with the occurrence of this kind of dissatisfaction during cooperation, and, of course, options for resolving such disputes.
Often, all these parameters are taken out in a special section, which is most often called “Claims (reclamations)”, and it is here that the grounds for filing a complaint should also be contained, which can be acts of examination, documents of acceptance or transfer of goods, a protocol for technical testing of products or equipment or so-called commercial acts.
Grounds for complaints
Five serious reasons are currently considered to be the most significant grounds for making claims to the second party participating in a previously signed cooperation contract and drawing up so-called complaints.
For example, a quality criterion for a product that does not meet the parameters that were reflected in the contract and other documents, including the consumer, can express his dissatisfaction even if the assortment is not fully provided, which was also discussed in advance.
A feeling of dissatisfaction can also be caused by the quantity of the goods provided, if it differs greatly from the data that were recorded at the stage of negotiations and drawing up a cooperation contract.
A serious reason for compiling a letter of claim is also considered a violation of the delivery time, since in the conditions of fierce competition that is currently observed in the domestic market among representatives different areas business, every second counts, and the slightest delay can lead to thousands of financial losses.
If the packaging of the goods or its labeling does not correspond to what is written in the documents, and their illiterate interpretation has led to damage to the product category and the impossibility of its further sale, then the recipient of the service may also present his claims to the contractor and demand compensation for the damage incurred.
Also important is the violation of the payment deadline, as well as other types of transactions related to mutual settlements, since any deviation from the previously planned activities in this direction can cause a number of serious inconveniences to the second party participating in the execution of a certain contract.
If there are or are other kinds of conditions and criteria for cooperation that are spelled out in the contract, it is also possible to draw up a letter of claim, since this manipulation is not prohibited by the current legislation, and the Saami participants in the cooperation foresaw this possibility in advance.
How to make money on Forex without experience?
CLAIM
A claim is an expression of requirements for the restoration of one's rights to something sent to the counterparty in writing. It is right to start any settlement of existing disagreements by sending claims to the violator of your rights.
How to write a correct claim / complaint?
It is written in such a way that the counterparty moves to fulfill your requirements as quickly as possible. To do this, use links to laws, regulations legal acts, examples from judicial practice and business practices. And, of course, excerpts from the contract, on the basis of which civil legal relations arose between you, and contrary to the terms of which your rights were violated and obligations were not observed.
A claim letter should not have an emotional connotation, because restraint always indicates a sober perception of the situation and a balanced assessment of one's legal capabilities in this claim. In addition, the pre-trial requirement should be clear, concise, reflecting only the main and key points the existing conflict. Excessive content will indicate the dispersion and uncertainty in the requirements. In conclusion, indicate the intention to seek restoration of justice in court if the violation of your rights is not eliminated.
The answer to the claim is written according to the same principle, but the grounds for your disagreement are already indicated.
It is better to submit claim letters by registered mail with acknowledgment of receipt and be sure to ask the postal worker to give you an inventory of the documents enclosed in the envelope.
Contract claim template:
From whom________________
To whom_________________ _
20__ between LLC _____ (indicate the full name), as a developer, and LLC _____, as a general contractor, contract No. _ was concluded for the performance of construction and installation works (hereinafter referred to as the contract).
The subject of the concluded contract was the implementation by the developer of construction and installation works and the commissioning of the facility located at: ________ (hereinafter referred to as the facility).
According to clauses ____ of the contract, the general contractor undertook, in accordance with project documentation perform the construction of the Facility in a quality manner and obtain permits for its commissioning. Also, the general contractor undertakes to ensure the timely elimination of shortcomings and defects identified during the warranty period of the facility operation.
The object was put into operation in accordance with the permission to put the object into operation dated _______20_g.
In accordance with clause __ of the contract, if during the warranty period for the quality of the work performed (__ years from the date of receipt of permission to put the facility into operation) it turns out that the work was performed with defects, the customer, together with the general contractor, draws up an appropriate act reflecting the identified deficiencies.
20_g. (during the warranty period) an inspection of the object was carried out to determine the defects and shortcomings of the work performed by the general contractor. As a result of the inspection, the working commission, consisting of employees of the developer ____ (indicate full name and position) and a representative of the general contractor, represented by ____ (indicate full name, position of employees), identified defects and shortcomings of the work performed, about than the Act of the working commission was drawn up (Appendix No. 1 to this claim).
Based on the foregoing, I ask you to eliminate those indicated in the Act of the working commission dated _______20_g. defects and shortcomings of the work performed before __ _____20_.
In case of failure to fulfill warranty obligations under the contract, our company (indicate full name) intends to demand the restoration of violated rights in court, as well as payment of a penalty for the delay in eliminating defects in the amount of __% of the cost of work to eliminate the identified defects for each day of delay against the established deadlines in this requirement (clause __ of the contract).
Date, full name and manager's signature.
How to write a complaint letter sample? What is pre-trial dispute resolution?
How to write a claim? What is pre-trial dispute resolution?
The legislation of our country provides for the settlement of emerging disputes out of court.
In some cases, expressly prescribed in legislative acts, settlement of the dispute in the pre-trial procedure is a prerequisite for the adoption, subsequently, of the statement of claim by the court.
As a rule, the settlement begins with the fact that a motivated claim letter is sent to the counterparty, a sample of which you can find in the Sample Documents section of our website.
So, how to write a complaint letter
A claim for the quality of the goods is made in writing, the signed version of which is sent to the opposite party. The notice must include the following information:
1. Name and address of the defendant (legal and actual).
2. The essence of the requirements. Here it is necessary to describe in detail the current situation, claims against the counterparty and options for solving problems, as well as their timing.
3. A claim for the quality of the goods is signed by an authorized person (with such a right) and, if the initiator of the letter is entity, the seal is imprinted. Documents can be attached to the document confirming the actual authority of the person signing it, this may be a copy of a power of attorney or an extract from the Unified State Register of Legal Entities. It is necessary to monitor the fact of having the appropriate authority to sign the letter, since if, later it turns out that such an official letter was signed by an unauthorized person, then the claim, pre-trial settlement of the dispute may be invalidated, which in turn may lead to a refusal to claim requirements.
Rules for sending a letter
The letter of claim is sent to the address of the defendant by a valuable letter with a notification of receipt and a description of the attachment. This is done so that the opposite party cannot challenge the fact that the plaintiff has performed the pre-trial procedure for settling the dispute. Sending such documents in other ways: Internet, fax, courier organizations, etc. as a rule, the court does not recognize it as a proper notice, which entails the corresponding legal consequences.
If the defendant does not mind, then a copy of the letter can be handed over to his representative. In this case, the second copy must contain an inscription that the claim has been received, last name, first name, patronymic, position of the person who accepted the document, date of acceptance, as well as an imprint of the counterparty's seal.
Actual postal address (actual location of the counterparty).
If the organization has several addresses, it is advisable to send a letter to all known addresses. The use of alternative means of communication is not excluded, they can only serve as an addition to the main method of communication.
Carrying out an examination of the work performed
If the parties have disputes about the work performed (services rendered), then within the framework of the claim procedure, research and examinations can be carried out, in which any third parties can be involved.
A claim for the quality of the goods can be notarized, but this is not necessary and will lead to an increase in financial costs.
Out-of-court settlement of a dispute may result in the signing of a document that fully settles the essence of the dispute, for example, a set-off act, a sample of which you can find on our website. Otherwise, after the claim has not been successfully sent, the relevant documents are prepared for submission to the authorized court, the judicial system of the Russian Federation.
Why pre-trial dispute resolution procedures are necessary
The presence of a claim procedure significantly affects the size and procedure for calculating penalties, penalties and fines for non-compliance with the terms of the contract. The delivery of a claim determines the procedural deadlines for the implementation of certain actions (filing a statement of claim, the amount of the penalty, accepting the results of the work performed, etc.).
Despite the results of pre-trial negotiations, its very fact will have a positive effect on the reputation of the plaintiff, who took all possible options to avoid litigation.
On our website are various options legal documents you need, you can familiarize yourself with them in the Sample Documents section or contact us for help.
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 low-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:
- the document must have two copies (copies);
- must be indicated in the right upper corner the following: to whom the claim was made (full name of the organization) and from whom ( full name and indication of 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
Claim Example:
Head
Meda-Sport LLC
TIN 000374169079
Address: 411095, Belgorod,
st. Victory, 30
from Ishchenko Marina Ivanovna,
residing at:
411075, Belgorod,
st. Pozharnikov, d. 67, apt. 23,
tel. 8827-123-6205.
CLAIM
On 11/17/2015, I purchased Nike men's winter boots, black, r. 45, worth 15,000 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.
In accordance with Art. 18 of the Law of the Russian Federation "On Protection of Consumer Rights" dated February 7, 1992 No. 2300-1, I ask you to replace the goods with a similar or similar one, or to return 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 Consumer Rights Law and go to court.
I am enclosing a copy of the receipt with the claim.
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.
Insurance company claim
Unfortunately, it is not uncommon for an insurance company to delay payments. There are also cases of refusal to reimburse the agreed amount or disagreement about its amount. In this case, you should not be inactive. But here's how to write a claim in 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.
Claim Example:
In OJSC “….”
From: Mishchenko Alexander Ivanovich,
Kazan,
st. Heroes of Labor, 7, building 18,
CLAIM
02/15/2015 at 15:04 at the Rosa Luxembourg crossroads, Andreychuk Sergey Vladimirovich, while driving (indicating 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 appointed 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 made (...). From which it follows that at the present moment OJSC (...) has not paid the amount of insurance compensation required by me by right.
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 case of dissatisfaction of my claims based on the 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).
Finally
The claim, as well as any other official document, should be drawn up in the most concise style possible, with references to the relevant paragraphs of legislative acts, indicating all the details and the like. To write it, it is recommended that you first study Civil Code in particular consumer law. In this case, the rule "Forewarned is forearmed" clearly applies. Arm yourself with your knowledge legal aspects fully! 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 write claim letters. Game rules and common mistakes.
Claim (claim letter) - a written requirement to the party that violates the law, infringing on the rights of a legal or natural person (collective), to voluntarily resolve issues to eliminate them. As a rule, it contains well-reasoned theses officially informing about ongoing violations with references to relevant laws, regulations and other regulations. The demands put forward by the claim usually sound in an ultimatum form.
With regular periodicity, we receive requests to write a claim (claim letter) to various organizations. However, this activity is carried out on a commercial basis, besides, for us it is non-core. At the same time, given the rather large circle of our visitors who are interested in drawing up a competent claim, we decided to talk about the basic principles for compiling a claim letter. individuals often experiencing difficulties in this field.
At the same time, some pages of the site contain examples of claims that can be use as samples.
FROM A LETTER
“Good afternoon, I dare to ask you to help me, if possible, to correctly compose a letter of claim, because my efforts do not bring results and it is still cold in the apartment. December is just around the corner. Unfortunately, I don’t have the money to contact lawyers.”
I. Claim and Complaint
This epistolary genre is characterized by such phrases as “otherwise we reserve the right…”, “we will be forced to…”, “go to court…”, “transfer this document to the following regulatory authorities:…”, “and also defend our rights in other ways that do not contradict the legislation of the Russian Federation ... ". A claim can be written by both legal entities and individuals, and both private organizations and state organizations can be its addressee ( municipal institutions authorities), and individuals.
Perhaps the most important fundamental difference claims from a complaint (or statement, appeal) that it is a kind of challenge “to a duel” and is addressed to the party that allows lawlessness, while the complaint in most cases is sent to the authorities with a request to stop the arbitrariness allowed. If the claim is ignored by the recipient, a copy of the document can be used as evidence that can be appealed to in court or when writing a complaint (appeal, statement) to bring the negligent organization to administrative and / or criminal liability.
Thus, a claim can also be considered as one of the methods of waging a “paper war”, which allows one to protect one's rights in a pre-trial procedure, bypassing litigation that requires a lot of time and money. Below we will talk about the basic principles for making a claim, which should also be recommended to be followed when writing complaints.
II. Sample outline of a typical claim letter
▪ general description situations. The claim unemotionally (preferably) sets out the essence of the problem, lists in detail the violations committed.
▪ Quotes from normative documents. Each of the listed violations is substantiated by citations from the relevant laws and regulations.
▪ Demands usually put forward in the form of an ultimatum. In most cases, in order to eliminate the violations committed, it is advisable for the addressee of the claim to set a time period - especially if it is provided for by law (for example, liquidation.
▪ Signature and "signature transcript" a citizen or a group of citizens in respect of which violations of rights have been committed.
▪ Date.
▪ Application. As a rule, this section contains the evidence base: copies of letters, certificates, photographs, video and audio recordings. These documents can be referenced in the main text of the claim.
III. Making and sending a claim
▪ If the volume of the claim is two pages or more, ideally they should be numbered, stitched, signing: “So many pages are laced and numbered in this folder”. This service provide some office shops that carry out photocopying, binding, as well as providing other secretarial services. However, practically no one has the patience to carry out this bureaucratic procedure, including professional lawyers.
▪ If the application consists of two or more pages, it is advisable to divide the “application” section into application-1, application-2, and so on, based on the number of pages (Appendix No. 1: certificate of the city BTI, Appendix No. management company"Horns and hooves").
▪ Documents sent to the addressee by the application are listed at the end of the claim letter: “Application on … pages. Appendix No. 1: certificate of the city BTI, Appendix No. 2: replies from the director of the Criminal Code "Horns and Hooves".
▪ It is advisable to make a claim in at least two copies. It is advisable to take them personally to reception organization. The first copy is transferred to its head, the second (or copy) is stamped with the date of receipt. The second copy of the claim remains in the hands of the sender.
▪ In case of refusal to accept the claim, the letter is sent by mail -
Mandatory with notice and description in the attachment. The postal receipt indicating the date the document was sent is kept by the sender.
▪ State the situation in clear and concise language.
▪ Do not write anything extra. If the content of the claim boils down to a demand, for example, to immediately provide heat, it makes no sense to mention that the house has not been overhauled for 125 years, and the alcoholic plumber from the housing department has not been repairing the sewer for half a century. You will write about overhaul and plumbing in another paper, where, most likely, it will no longer make sense to write about turning off the heating. Listing various facts that are not relevant to the case may turn against you, sowing confusion in the course of further administrative and judicial proceedings, setting officials from various instances against you and recommending you as not very sane people.
▪ At the same time, state all the facts that are directly related to the issue raised with careful meticulousness, supporting them with all the documents you have in your hands.
▪ Don't accuse the recipient of breaking the law that you can't prove. Such an act discredits the claim to the level of gossip on the mound. Do not forget: before you sit down for a claim, you must have a reason. To get started, you just need to formally contact the organization with a request to solve existing problems.
▪ In no case do not stoop to insult your opponent with the words: "scoundrel", "scoundrel", "thief", "swindler" - especially if you do not have the relevant evidence! Otherwise, the addressee of the claim may file a lawsuit against you and even bring you to criminal liability for defamation or insult. Some lawyers who still want to “let off steam” on paper, as an “outlet”, begin their claim with the words: “disrespectful Ivan Ivanovich ...” (no one can force you to respect your opponent).
▪ Do not appeal to such lofty matters as conscience, honor, dignity. Officials, to whom, quite possibly, a claim will subsequently fall, in their conscience do not live! Moreover, due to the abundance of instructions and resolutions coming from various higher offices, they, in principle, cannot physically live in good conscience, since this is not required of them by the higher leadership. All their energy goes into complying with the descending orders, many of which are meaningless and absurd. Thus, the beautiful impulses set forth in the claim of the “lyrical” souls, most likely, will be perceived during the proceedings as some kind of “false instructions” that are not relevant to the case and confuse the situation, since no one is obliged to fulfill them.
▪ In connection with the thesis above, when drafting the text of the claim, pay close attention to how this or that action of your addressee corresponds to this or that point of the official letter. Departmental order, regulation or law.
It often happens that the item purchased in the store fails or even breaks down, leaving no chance for further use. There is a deep feeling of disappointment, accompanied by a sense of loss. Money. And, I really want to express my annoyance to the seller. How to behave in this case? Is it possible to recover what was lost? And how to make a claim to the store?
Our legislators tried to protect the buyer as much as possible, giving him the right to purchase only high-quality goods. This situation is described in the act "" dated February 7, 1997. Therefore, boldly referring to an official document, you can begin to act.
If the product is defective, it can be returned to the seller!
A broken item that has its own unexpired warranty period can be returned to the seller for further resolution of a difficult situation. But, in most cases, when we try to prove our rights, the goods are taken from us, offering to repair it. By agreeing to such actions, we are misleading ourselves by not insisting on replacing an equivalent copy or.
In fact, the same law, in the event of any deficiencies, determines the subsequent actions, the choice of which is made by the consumer himself. We can:
- reduce the purchase price;
- demand a refund;
- agree to a similar model;
- choose a different copy, based on the cost;
- to insist on the elimination of deficiencies discovered during operation.
It should be understood that even the absence of a receipt issued at the time of purchase is no longer a reason to refuse your legitimate request.
Terms of consideration of the claim and making a decision on it
If the seller does not agree with yours, and considers it right to challenge it, then all examinations and necessary procedures will be carried out at his expense. There is clearly set time, which is allotted by law to resolve the issue. You will need to wait 20 days. During this period, the distributor is obliged to provide a similar model, completely corrected for temporary use.
If, nevertheless, according to the result, it turns out that your actions were the fault of the breakdown, then all necessary costs incurred by the seller will have to be reimbursed in full. Your decision to repair is limited to a maximum of 45 days, the desired replacement is executed in 7 days, and the refund assumes 10 days.
In the case when there is no similar product, or it is in stock, you need to wait a little, but not more than 1 month.
Making a claim and its features
To protect consumer rights, you need to know them!
If you, when contacting the store, do not get the opportunity to solve the problem immediately, be sure to make a claim in writing. It should be understood that at its core it should contain the mandatory items:
- date of purchase;
- deficiencies discovered by you;
- ways to remedy the situation
A sample of its compilation can be easily found on the Internet. The structure itself is as follows: in the upper right corner, indicate the position of the management team and the name of the employee himself, to whom the claim will be sent, and then your last name, and telephone number.
Then we begin to describe the situation in detail, indicating the date, cost of the goods, the duration of its warranty period. If you have in your hands cash receipt please attach a copy. Describe how the breakdown occurred and what evidence of it. Describe how to solve the problem. Put down the date, signature, and also fill out the second copy.
Leave one of them for yourself, and hand the second to the management outlet. Be sure to ensure that the details of the responsible person are also affixed to your document. If, after the expiration of the response period, no response is received, and the solution to the situation remains at the same level, then you will have to apply to the Magistrate's Court. And in this case, a copy of the claim, a cash receipt and the goods themselves will be required to be written.
If you believe the statistics, then the consideration of such cases almost always ends positively for the consumer.
Claim for a custom product
Claim to the store: sample
Consider a situation in which furniture was installed for you according to individual parameters, but very soon it failed and ceased to perform its proper functions. How to be in this case? Many argue that such a product is not subject to retroactive action. Actually it is not. The law provides for the return or correction of errors in any case. All you need to do is make a claim!
No receipt
Experienced sellers may refuse you, referring to the missing document confirming the purchase of the goods. But, this is not legal. There are a number of other pieces of evidence that you can refer to:
- the original price tag, which very often contains all the necessary information about the selling party;
- cashiers or sellers confirming your words;
- a coupon that involves warranty service, if it is filled out by the seller himself;
- testimonies of other buyers who were nearby at the time of the transaction;
- any document confirming your actions. For example, it could be a delivery note.
Shoe return
If you purchase such products, then you can return it even if you do not like the general appearance. It is worth remembering that you only have 14 days left. In this case, be sure to find the box itself, shoes that look good, and a receipt for the purchase. If, nevertheless, a marriage is discovered, then it is assigned.
But, in most cases, branded stores with visual defects agree without giving back the money you spent. The procedure for making a claim is the same as for another product, but if the seller does not want to put his signature, then you can send everything by registered mail.
Nuances of making a claim
The claim to the store is made according to the rules
Such a document compiled by you has an arbitrary form, because it is it that allows you to correctly describe all the moments that entailed such difficult situation. But, do not forget about the main parameters, otherwise it will be difficult to challenge the decision even in court. As mentioned earlier, they must be present in the following form:
- Name of the person to whom the claim is directed, his. Such data can be clarified with any executive employee or at special stands called the buyer's corner. By the way, it is there that there are complaints books and more detailed data with phone numbers, as well as a hotline contact.
- Your data. Try to write them more clearly so that the lines are readable. Please indicate your place of residence this moment is current and the phone number. This is mandatory so that you can send a letter or notification in the form of SMS messages about possible option development of events.
- Describing your situation, try to remember in detail when the marriage was discovered, how it happened, as well as the date of the purchase itself. Perhaps it was then that you paid due attention to the quality, pointed out the flaw, but the seller, referring to the novelty of the model, the features of the version, offered to test the product for a month.
- In conclusion, be sure to indicate the solution that you agree to for reconciliation. And it is worth remembering that the repaired model does not become impeccable, it only temporarily acquires the functions originally intended for it.
Having remembered such nuances, you will most correctly make a claim, allowing sellers to make sure of your awareness. There is no need to be afraid to prove your right, especially if a significant amount was spent during the transaction. And even if it is not possible to provide a cash receipt, find other ways to confirm the fact of purchasing the goods. Try to behave wisely, understanding that the law "" in most cases is on your side.
Opinion of a legal expert:
A claim to the seller about a low-quality product, service or work is of great legal importance. More precisely, the legal consequences. As a result of filing this requirement, the consumer solves two problems simultaneously. First, he offers to voluntarily correct the situation, restore his violated rights. And secondly, it observes the pre-trial procedure for resolving the dispute.
This procedure is not mandatory, but in practice, the courts do not accept statements of claim if the consumer has not filed a claim with the seller or manufacturer. And that's why. If you filed a claim, but the conflict was not resolved, then you have the opportunity in court to fine the offender and recover compensation for non-pecuniary damage from him. In the absence of a pre-trial claim, there is no longer such an opportunity.
As always, we draw the attention of our readers to the fact that when developing any document on your own, more attention should be paid to its content, rather than form. The form is, if I may say so, a cover or a wrapper, and tasty is inside, i.e. content. It depends on him the result of the consideration of the document. Therefore, use the templates and forms offered on the Internet creatively and wisely. If the document is template, then you will get a template answer.
How to write a claim? Teach and prompt video material:
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 different kind 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. Claim settlement procedure conflict situation avoids litigation and thus saves 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, a 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.
When the claim is not satisfied voluntarily, you can go to court. In some cases, disputes are not adjudicated unless a claim has been filed first. The law provides for mandatory pre-trial settlement, without it statement of claim will not be taken into consideration. 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.
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