Writing claims. What is a claim - how to draw up, why you need it, how to hand it over, pre-trial procedure

Are you dissatisfied with the quality, characteristics or properties of the product you purchased? Despite enshrined in the Civil Code of the Russian Federation, the Law of the Russian Federation "On the Protection of Consumer Rights" and the Rules of Sale certain types goods the right of the buyer, the seller is in no hurry to help you sell them. Often a dispute between the seller and the buyer arises from the direct refusal of the seller to fulfill your requirements. Well, the most soft way veiled refusal - the seller promises to fulfill your requirements and does nothing to this end.
Thus, you realized that the seller does not meet you halfway at your verbal request, by phone or e-mail.
There are other ways to influence the seller. Until the lawsuit. But litigation takes a lot of time and effort. In addition, it is necessary to comply with the pre-trial procedure for resolving the dispute. It is necessary to draw up a document called a "claim".
The claim is made in writing. You can print this document or write it by hand. The law does not place restrictions on the execution of the text itself. There is also no specific claim form. There is General requirements to the content of the claim. The claim must include:

1. The name of the organization (IE) in which you purchased the goods, the address of its location;
2. Your full name, address of residence;
3. Statement of the problem. A brief and concise description of the purchase and the defects found in the product;
4. References to the legislative norms governing your situation (desirable, but if you are not familiar in detail with the norms of the Civil Code of the Russian Federation, the Law of the Russian Federation "On Protection of Consumer Rights", it will not be a violation of a simple indication that, for example, "your right enshrined in the Law has been violated RF "On Protection of Consumer Rights", without specifying a specific article. You are not required to contact a lawyer or memorize the law to draw up a claim);
5. your requirement. Keep in mind that by this time you must decide on the requirements that you put forward to the seller. This requirement can be only one of the list of requirements described in Article 18 of the Law of the Russian Federation "On Protection of Consumer Rights". That is, you cannot demand at the same time the replacement of goods of inadequate quality, and the gratuitous elimination of defects in the goods. However, the right to choose such a requirement remains with you. If you simply list all types of requirements that Article 18 of the Law of the Russian Federation "On Protection of Consumer Rights" provides for, then the seller will not be able to fulfill any of these requirements. Because your requirement was not specified. And in this case, the seller will be right. So choose what you will require from the seller and indicate exactly this requirement;
6. Date, signature. The seller has the right not to consider anonymous letters. The absence of the date you set, of course, will give the seller many opportunities to maneuver in terms and will definitely facilitate proving in court in the future (if it comes to litigation) a well-founded failure to fulfill your requirements. This is in the event that you sent a simple letter (not registered and not with declared value), and the seller intentionally "lost" the envelope. In this case, in the absence of any dates on the claim, the absence of other evidence of the delivery of the letter will make it impossible not only to prove the seller’s failure to fulfill your requirements, but also to submit a claim by you at all. However, a postmark on the delivery notification mail will confirm not only the delivery of your claim, but also the delivery date (even if the claim itself is not dated).

If you have the opportunity to deliver a claim directly to the seller or his representative, you should write a claim in two copies, one of them and hand over to the seller. On your copy, he puts the date of receipt of the claim, his signature and its transcript. Or a stamp of the incoming letter affixed by the secretary of the organization is enough. Such a stamp already contains brief information about the seller (name, phone number and address, as a rule). If it is not possible to personally deliver the claim to the seller's office, you can always use the mail service. In addition, if the seller refuses to receive a claim, then in this case you can send it by registered mail with acknowledgment of receipt to the legal address of the seller (better, of course, at the actual address of the activity, but not always such information can be obtained from an unscrupulous seller).
From the date affixed by the seller (or mail) the deadline for meeting your requirements begins to go. For the delay in fulfilling the legal requirements of the buyer, the seller may be held liable under the current legislation (forfeit, penalties). The time limit for fulfilling your claim starts from the moment the claim is served. If it is actually impossible to serve the claim (according to the mail, the addressee has left, or is not located at the last known address), the countdown for the fulfillment of your claims begins from the date of such notification provided by the mail.
To make a claim, you can use the sample above in front of the text. The sample is applicable to a situation where you are sold a product of inadequate quality, and you decide to return it.

Today we will try to figure out what to do if the store refuses to accept its damaged products from the buyer. How to proceed in such a case? How to write a claim to the store correctly?

According to the legislative act "On the Protection of Consumer Rights" No. 2300-1 of February 7, 1992, citizens have the right to purchase quality goods. This law fully ensures their protection. Every citizen must know how to make a claim.

A case from one's life

Often in our Everyday life It happens that the purchased product breaks down, and the warranty period has expired. When you bring a defective item to the salon, the seller offers to repair it. A request for a replacement product or a refund is usually denied to the consumer.

In accordance with Article 18, the consumer, if there are any defects in the purchased product, can exercise the following rights:

• change a thing for a similar one;
• make an exchange for another model;
• reduce the purchase price;
• demand the immediate elimination of defects present in the product;
• return the money for the item.

It is noteworthy that even the absence of a receipt cannot be a reason to refuse the consumer to fulfill any of these requirements.

What is the time frame for a claim?

If the seller disputes the malfunction, then he is obliged to conduct an examination at his own expense. According to the current legislation, it should not take more than 20 days to check the goods. During this period, the buyer must be provided with a serviceable product for temporary use. In the event that it turns out that the product has broken / deteriorated due to the fault of the buyer, he will have to reimburse all the costs incurred by the seller for the examination.

The period of repair of goods, in accordance with the law, should not exceed 45 days. If the buyer decided not to fix the damage, but to change the thing, then seven days are given for replacement, starting from the moment when the demand was made. If the product is not available in the store, then the seller has no more than a month to exchange it. If the buyer wants to return the money for the product, then the seller has 10 days to satisfy his demand.

Features of making a claim

It often happens that the store refuses to satisfy the verbal demands of the buyer. In this case, the latter must know how to make a claim. A written request is made in the name of the head of the store.

The claim must contain the following information:

• date of purchase of the goods;
• shortcomings / revealed marriage;
• wishes.

Sample complaint letter to a cell phone store

Let's look at how to write a claim to the store.

The claim must be made in two copies. One remains in the store, the other should be taken away.

If the seller, after receiving the claim, decides not to satisfy your requirements, then for successful solution question, you will need to apply to the Magistrates' Court. A copy of the claim should be attached to the claim, on which is the date and signature of the store representative who accepted it, a cash receipt and the faulty device itself. According to experts, in almost 99% of cases, the court decision is made in favor of the buyer.

Complaint to furniture store

Also, the buyer can make a claim for the furniture if it turned out to be of inadequate quality. It should describe the problem and clearly articulate your requirements. In order for the seller to contact you to solve the problem, you must leave your contacts.

Very often, representatives of furniture stores say that they cannot issue a return for products that were made to order. It should be noted that this is not actually the case. The problem can be easily solved if you know how to write a complaint to the store.

If the buyer does not have a receipt for the goods

Of course, the easiest way to prove the purchase of goods is by presenting a receipt for it. However, the buyer does not always keep this document. In this case, the evidence may be:

• testimonies of citizens who were present at the time of purchase of the goods;
• testimony of cashiers or shop assistants;
• warranty card filled out by the seller;
• invoice or any other documents that contain information about the seller and the date of the transaction;
• price tag on the packaging of the item with information about the seller.

shoe store claim

If you have purchased boots or shoes that are of poor quality or find that they do not fit you or appearance, then you can return the products to the seller.

The buyer has 14 days from the date of purchase to return goods of inadequate quality to the store. The item must be in salable condition and unworn. Also, the seller must provide a sales receipt confirming the transaction, and packaging from shoes.

The inadequate quality of the thing is proved by examination. In most cases, serious stores determine factory defects on their own, without bringing the matter to an examination and litigation.

The buyer can return shoes of inadequate quality within two years, even if he does not have a guarantee for the goods. If the store admits the fault of the manufacturer, then he will have to return the money within 10 days.

When contacting a shoe store, it is imperative to draw up a written claim in two copies. If the seller refuses to mark acceptance on the letter, it is recommended that you send your demands by letter with notification by mail. How to write a claim to the store, we have discussed above.

The main points in writing a claim

Thus, a claim is a document that is drawn up in an arbitrary form. However, in order to successfully resolve the issue, experts recommend adhering to the following rules. As you can see, the sample claim to the store should contain the following information:

1. To whom does the buyer send the claim?
2. Who is the claim from? Contacts for communication.
3. When a transaction was made and defects in the goods were discovered.
4. The buyer should clearly articulate his requirements to the seller.

By adhering to these simple rules and knowing how to write a claim to the store, the buyer will always be able to protect and defend his interests.

If the civil rights of a person or organization are violated, it is not at all necessary to go to court to protect them. Consideration of cases in the body of justice means significant time and money costs. Sometimes it is enough to apply to the other party in writing, outlining your dissatisfaction and demands.

To do this, you must use the sample pre-trial claim, which can be found on our website. In practice, it often happens that the negotiation method works, and the author's wishes are fully satisfied.

A claim is a written expression of dissatisfaction with the quality of the goods sold or services rendered, failure to fulfill obligations under the contract and the presentation of claims arising from the situation. This is a complaint that indicates a violation of the rights of the originator and calls on the violator to take specific actions that can restore justice.

The claim procedure for resolving disputes is effective way protection of violated civil rights, which is used to peacefully resolve conflicts between a lender and a borrower, a supplier and a client. Such a scheme enables the parties to come to a common denominator, minimizing their costs. It eliminates the need for:

• pay the state duty;
• hire lawyers;
• waste time filing a lawsuit;
• transfer money for the examination of goods, etc.

What is a pre-trial claim? This is a universal paper that can be drawn up by a citizen of the Russian Federation or a foreigner, a commercial or non-commercial firm, if he considers that the goods sold to him or the work performed are not good enough, that the contractual obligations are not fulfilled by the other party in full.

The document is reviewed by the recipient and specific actions are taken based on the results. If the requirements of the compiler are not satisfied, he has the right to apply to the next instance - the court.

When is a claim procedure required?

It would seem that why it is necessary to send claims letters to the partner, if it is obvious that it will not be possible to resolve the issue peacefully and everything will end in litigation. In practice, this step cannot be avoided: there are situations when the justice authority will not accept a claim from the injured party, unless it is proved that pre-trial methods were used to resolve the conflict.

According to the provisions of the Civil Code of the Russian Federation, a pre-trial claim is required in the following situations:

1. If the need for its writing is provided for by federal law. Thus, disputes with:
   • mobile operators;
   • carriers;
   • forwarders.
2. If such an order is stipulated in the contract concluded between the counterparties. For example, it is stated that disagreements that have arisen between the parties are resolved through negotiations, that before going to court, a disgruntled counterparty must notify the supplier (contractor) in writing.

The absence of a claim will add unnecessary trouble to the injured party and will cause a loss of time. The court has the right to leave her claim without consideration. This means that the process will only start when the negotiation method between the two counterparties has been tried.

How to write a document correctly?

Drafting a pre-trial claim is akin to preparing a lawsuit. The document must contain complete and reliable information about the parties and the subject of the dispute, references to current legislation, and a statement of the author's requirements.

To write a paper without errors, you need to include the following data in it:

• Destination

Important! The document is addressed to the person responsible for the actions of the organization. In other words, dissatisfaction and demands are expressed not to the seller in the store or to the courier, but to CEO commercial structure.

• Addresser

The person whose rights have been violated. His full name without abbreviations, address by registration, contact details for communication are indicated.

• Title of the document

Pre-trial claim is written. This indicates that if attempts to resolve the conflict amicably fail, the originator will go to court.

• The basis on which the mutual obligations of the parties arose

For example, the number of the contract of sale, agreement on the provision of services is prescribed. Or it is indicated that the money was transferred to the debtor on receipt.

• Links to legal provisions governing the legal relationship of the parties

Specific numbers of articles of the Civil Code of the Russian Federation are indicated.

• Author Requirements

For example, to replace a product with a similar one, to produce warranty repair, return the money on receipt, compensate for the damage, etc.

• Deadline within which the addressee must respond

It depends on the terms of the agreement between the parties.

The document ends with an indication that in the absence of feedback, the author will go to court to protect his rights.

The finished document must be printed in two copies. One remains to the compiler, the second is sent to the defendant. Copies of documents substantiating the claims made must be attached to the paper.

An available help in drawing up a pre-trial claim is a standard sample. Follow the logic of the finished documents in order not to miss important points.

How to transfer the compiled document to the recipient?

A claim to a debtor or a person who has not fulfilled the terms of the contract can be sent by mail. You must select a registered letter with acknowledgment of receipt. According to the receipt of the recipient, the date when he learned about the legal requirements of the injured party will be clear. So the addressee will understand the seriousness of the intentions of the author of the document.

Important! The check confirming the sending of the document will become evidence of the execution of the pre-trial procedure for resolving the dispute.

The second way to submit a pre-trial claim is to appear personally to the CEO of the offending organization or his secretary. One copy is sent responsible person, on the second it puts a signature with a transcript, an indication of the position and date. It is desirable that the appeal be assigned a registration number. The paper must be kept by the victim until the conflict is resolved.

If you hand over the paper in person, take care of the presence of witnesses. It is not recommended to give the document to the first representative of the respondent organization that comes across. Subsequently, the head may refer to the fact that, according to the receipt of this person, he does not understand about whom in question that he did not receive any documents or that the particular specialist does not have the authority to transmit correspondence to him.

What is the time limit for claims?

According to consumer protection law, the period for considering a claim is specified in the contract concluded by the parties. If there is no such provision in the contract, intra-industry rules apply, for example:

• for retail- 14 days;
• for the transportation sector - 60 days;
• for cellular communication services - 60 days.

In general, the dissatisfied party must wait until a reasonable time has elapsed, which is usually taken as 30 days. If the requirements are not met, you can go to court.

A claim under a contract for the provision of services or the sale of goods, a receipt for a debt, etc. is an effective way to protect violated civil rights. Pre-trial proceedings do not require money and time, but, as practice shows, often leads to satisfaction of consumer requirements.

When we pay money for services, we want to get a satisfactory result. But, even choosing from a variety of organizations, you can always encounter a low quality of service. In this case, a well-written claim for poor-quality services will help to return the money spent.

Any controversial issues and requirements must be documented. If the service provider has violated the terms of the contract and refuses to compensate for the losses, then pre-trial proceedings based on the claim will be required. This document will form the basis of defensive actions in further possible court hearings.

The following reasons can serve as a basis for a dispute:

• The service was performed poorly;
• The service was not performed or was provided late.

Note! The service is always not free of charge, i.e. if you were helped to do something for free (for example, they pasted a film on a smartphone), then in case of poor performance of this action, you cannot file a claim, because the money was not paid, which means that there was no service as such.

Very often, the representative of the contractor, after the work performed or even during it, asks to sign documents confirming the appropriate level of service and timely deadlines, which confuses. The main thing here is not to get lost and politely refuse in order to extend the term for accepting an order and demand an appropriate level of service. If you sign, then even in court it will be difficult to prove any violations.

It is important to understand that it is more difficult to prove the poor quality of a service than a defect or defect in a product, because it does not have material evaluation parameters. Therefore, you need to prove your case correctly.

When making a claim, you must follow the basic rules:

1. The design of the document begins with a "header". It indicates information about who the claim is directed to, i.e. executive and the legal name of the supplier organization. Next, the full name, postal address, telephone number of the person requiring a response is indicated;
2. Description of the situation. The main points that were violated with filling in the data are indicated:

• Notes on legislative documents;
• Key points of the contract;
• Expert opinions;
• Material evidence base: photos, video materials and other data;

This point is the most key to solving the problem in your favor. Here it is necessary not only to describe the violations, but also to provide as much evidence as possible, referring to real data and the source.

3. Announcement of clear requirements. Within the framework of Article 29 of the Law "On Protection of Consumer Rights", the client has the right to demand:

• In case of violation of the deadlines: determine another deadline for the service, reduce the cost of the service, redirect the order to another contractor and demand payment, demand a full refund;
• In case of poor-quality performance of the service: provide a proportionate discount, redo the work, eliminate or correct defects for free, transfer the order to another contractor and demand payment for it, terminate the contract and take the money.

1. Possible further actions and sanctions are prescribed in case of non-compliance with the requirements (court costs, penalties, forfeits, etc.);
2. The document lists the list of attached documents (checks, warranty cards, contract, etc.);

The final part is signed and dated.

The claim is made in 2 copies, one of which with a mark of acceptance remains with you. The document can be transferred in two ways: by mail in the form of a registered letter or during a personal visit. If you use the services of the Russian Post, then you will definitely need to keep the documents confirming the sending of the letter.

As well as for the goods, claims are considered for 10 days and an answer is given. The fulfillment of the requirements themselves is limited different terms depending on the service sector, while the supplier may satisfy the request immediately after receiving the complaint.

Claim Form Sample

It is more difficult to prove the appropriate quality of work than the violation of deadlines. Therefore, we will clearly demonstrate the structure of writing a claim for poor-quality performance of services. The document will look like this:

Manager (or other official)

(full legal

company name)

from (client name)

residing at: (postal address)

contact phone number (any one that can be contacted)

claim (claim)

(Date) I entered into an agreement with your company (specify the type of agreement), which is confirmed by receipt No. (number of the agreement, receipt or check) dated (date). According to it, I paid an amount in the amount (in number and words) of rubles, for which your organization had to (prescribe the service). But I found that (mark the main claims and their inconsistencies with the contract). According to Art. 4 of the Law "On Protection of Consumer Rights" the quality of the service must comply with the contract, which you have not fulfilled. Therefore, according to Article 29 of the Law "On Protection of Consumer Rights", I have the right to demand:

• for free re-performance of the service;
• on a commensurate reduction in the cost of work;
• for the free elimination of deficiencies;
• to cover the costs of eliminating deficiencies (full performance of the service) independently or by another organization.

According to the above and in accordance with Art. 4, 17, 29 of the Law "On Protection of Consumer Rights" I ask:

(select what you want from the list) no later than (number of days) from the receipt of this claim.

If the requirements are not satisfied, I will have to apply to the judicial authorities to protect my rights. Then, in addition to the points mentioned above, I will demand compensation for non-pecuniary damage in accordance with Article 15 of the Law "On Protection of Consumer Rights".

(Date of writing) (Signature and transcript)

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 common form in legal practice, because it allows you to quickly draw up a claim letter and either collect a debt or prepare the ground for further filing a 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, for 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 Vehicle Owners” 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:

1. Information about the addressee and sender.
2. Title: "Claim", "Claim letter", "Pre-arbitration warning".
3. An indication of violations by the counterparty with links to documentation confirming such violations.
4. The requirements of the sender, as well as the consequences of their non-fulfillment by the counterparty.
5. Deadline for a response (if it is not established by law or contract).
6. 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.