How to make a written claim. Sample claim for defective goods: how to file a complaint

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. The 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.

For different types of claims, the law establishes different deadlines for 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.

1. 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.
2. 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.
3. 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 the postal ID from your shipping receipt (14 digits). In the table that appears, you will see the date your letter was delivered to the addressee.

The claim is a pre-trial document. Most often, claims are written if it is provided for by the contract. Otherwise, the court simply will not accept the claim for consideration.

But even if the contract does not contain a clause on a mandatory pre-trial procedure for resolving a dispute or there is no contract at all, and for example, there is a store receipt, a well-written claim can bring a positive result. And there will be no need to bring the case to court, waste time, nerves and money.

Citizens most often apply with claims for a product purchased in a store or a service provided by a company. It is also not uncommon for developers to complain about violations of the terms of construction (delivery of the house) according to the DDU and to eliminate shortcomings (in terms of the quality of the apartment).

But no matter what the claim is, it is written according to a certain scheme. Let's take a closer look.

By the way, you can download claims for consumer protection and equity participation in construction at.

Content of the complaint: what to write

Despite the fact that any claim is drawn up in free form, a well-written document must have its own specific structure, which has been developed in practice.

The claim consists of the following elements:

1. "A cap".
2. Title.
3. Factual grounds (description of the situation, plot).
4. Legal grounds.
5. Calculations of the penalty, percent.
6. Requirements.
7. Timing and order of response.
8. Possible consequences in case of a negative response or non-response to the claim.
9. Applications.
10. Date, name, signature.

Now about everything in order.

"Hat" - to whom to send a claim

The “cap” in any document is to whom it is addressed and from whom it comes. Written in the upper right corner. First it is written to whom, then from whom.

For example:

General Director of LLC "Vasilek"

Shabalin Viktor Petrovich

630098, Novosibirsk, st. Pisareva, house 1

from Ivanov Vitaly Vasilievich

630032, Novosibirsk, st. Lenina, house 1, apartment 10

Tel. +7-923-24-923-28

Email: [email protected]

If you don't know the leader's name, don't write. It is not required. The main thing is to correctly indicate the name of the organization and the legal address. Pay special attention - legal address, not where the organization is actually located.

You can find out the correct name and legal address (address of registration of a legal entity) on the website of the tax service at this link - https://egrul.nalog.ru

In your data, you must specify the full last name, first name and patronymic, registration address, contact phone number and email address if desired.

header

It is written large, in the center. You can simply indicate the word "CLAIMS", or you can detail it.

For example, “Claim for violation of the deadlines for the completion of an object of shared construction under contract No. 2121 dated February 12, 2016.” or "Claim for the return of goods of inadequate quality."

Factual grounds (description of the situation, plot)

In this part, you need to briefly describe what prompted you to file a claim. That is, to answer the questions: what, where, when. You can also specify possible reasons.

In fact, this is a description of the situation that happened.

It is not necessary to describe everything in too much detail. All you need is the dry facts:

• when and with whom the contract was concluded,
• what is the subject of the contract,
• when deficiencies are discovered or when something has happened
• etc.

Legal grounds

This is a purely legal block. Here you need to indicate the rules of law (specific articles of the law) on which your claim is based.

It should be remembered that in our country the laws change almost every day. Therefore, you need to be very careful. Or contact a lawyer who is "in the subject" of the issue.

Another note - you need to choose the right law, which really applies to your legal relationship. Here, too, mistakes often occur.

Otherwise, if you make serious mistakes, they will simply laugh at your claim. Therefore, beware of downloading ready-made templates from the Internet with articles that were relevant several years ago. You know, the Internet is full of garbage. Be careful!

Calculations of forfeit, penalty interest, interest

Penalty (penalties, interest) are calculated either on the basis of an agreement or on the basis of the law.

For example, if this is a claim against a developer who violated the construction deadlines, the penalty is calculated on the basis of Federal Law 214.

If this is a claim about the use of other people's money, Art. 395 of the Civil Code of the Russian Federation.

Calculations must be carried out scrupulously, accurate to the day. It is better to give a formula (with transcripts) on the basis of which you think. So it will be much more serious and justified.

As a result, you should get a specific amount accurate to the ruble, which you will demand from the debtor.

Requirements

After all justifications and calculations, the final requirement is formulated. What exactly do you want. Requirements should be formulated as clearly and unambiguously as possible.

For example, “I demand the return of the amount paid for the goods in the amount of 20,000 rubles. At the same time, I inform you that I refuse to fulfill the contract of sale.

Your requirement is one of the most important components of the claim. In the text, it is better to highlight it so that it catches the eye when reading the document.

Deadline and order of response

If the contract does not provide for a deadline for responding to a claim or you do not have a contract, set your own deadline. Usually put 5,7,10 and 30 days.

Sometimes the deadline is set by law. For example, according to Art. 22 of the Law of the Russian Federation "On Protection of Consumer Rights" consumer requirements on a commensurate reduction in the purchase price of the goods, reimbursement of expenses for the correction of defects in the goods by the consumer or a third party, refund of money paid for goods, as well as the claim for compensation for losses caused to the consumer as a result of the sale of goods of inadequate quality or the provision of inadequate information about the goods, are subject to satisfaction by the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) within ten days from the date of presentation of the relevant requirement.

Also, it will not be superfluous to indicate how you should be given an answer. An example of wording: “I ask you to give an answer in writing, having previously informed me of your decision by phone at a later date, determined by the Law of the Russian Federation “On Protection of Consumer Rights”.

Possible consequences of a negative response or non-response to a claim

Everyone is well aware of the phrase "otherwise I will go to court." But it's very banal. And you won't surprise anyone with such a "scarecrow".

It is better to indicate the specific negative consequences that the opponent may experience. For example, additional fines, state duty expenses, legal services, etc. You can also point to reputational risks.

The law contains a lot of additional measures of influence.

For example, in our claims under the Consumer Rights Protection Law and in disputes with developers under the DDU, we use up to 6-7 ways of additional influence. And these are not empty words. This is real money, which can then be used to “punish” the defendant in court.

Applications

As applications, you need to indicate copies of documents with which you confirm your words.

These can be copies of contracts, checks, receipts, transfer and acceptance certificates, expert opinions, an assessment report, etc.

Do not overdo it with documents. You need to apply only those that your opponent does not have.

Date, name, signature

There should be no questions here - everything is simple. Put the date of writing the claim, signature and transcript.

Where can I download a claim form?

Despite the fact that the Internet is large and you can find a bunch of templates in 30 seconds, you should not blindly trust them.

First: many claims were not made by lawyers, but by "amateurs", students or content managers.

Secondly: every second claim does not comply with the current legislation or is drawn up extremely superficially, in haste.

Thirdly: free cheese is only in a mousetrap.

Therefore, if you do not want to sit in a puddle, contact a normal lawyer or download really verified documents.

Today, violations in the service sector, the sale of goods to consumers, the work of institutions, including government ones, are found everywhere. Civil ignorance very often allows unscrupulous sellers and workers to go unpunished, and this only aggravates the situation, and the number of victims is growing. In order to protect their rights, every citizen must know how to do it correctly, and first of all, this is the preparation of a claim.

Any claim letter, regardless of who it is addressed to, must be submitted exclusively in official form and with all the required details. Only a written claim, a sample of which we will consider a little later in the article, is a legal document, without which consumer protection is impossible (no complaint stated - no measures taken).

Mandatory preparation of a claim letter also includes a number of basic requirements:

You keep one copy of the letter for yourself as proof that it was indeed written.

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What is a claim letter

Any claim that is properly drawn up and filed is an official document that is aimed at pre-trial settlement of the dispute that has arisen. Such a complaint is written about the poor-quality provision of services, after the purchase of goods of inadequate quality and is submitted primarily to the perpetrator of the violation. Claim letters in many cases allow to resolve the situation amicably, which significantly saves time for both parties to the dispute.

Since a claim is filed before a complaint is written to a higher structure or a lawsuit, it is not worth postponing an official appeal. For example, you only have 14 days to return an item. In addition, a claim letter must be drawn up in any case if a claim is planned - the court will not accept your claim for consideration if you have not made attempts to resolve the issue amicably.

If, for example, the seller has long-term obligations under the contract, which is the warranty card for the goods, the time frame for filing a complaint is equal to that indicated in the warranty card. In this case, your complaint is addressed not to a specific seller or employee, but to the head of the organization, store, institution. A reference to the rule of law under which you are filing a complaint is required.

Claim types

A consumer and civil application, depending on various criteria, may have one of the following classifications:

	By type of contract	By addressee
About replacing the product with a similar one. About the return of the purchased goods with compensation for the full amount of funds paid for it. About warranty repair. On the correction of errors and shortcomings that were made in the provision of services. About termination of the contract due to violation of its terms.	Provision of services. Purchase and sale. Performing a certain type of work.	Bank. Carrier. Developer. Seller. Supplier. Insurance company and others.

A special kind of complaint. This type of claim letter is submitted when one of the parties is not satisfied with the cooperation with the other. The rules for compiling a claim of this type oblige to record in it only those requirements that comply with the terms of the contract.

Rules for writing a claim

Searching in Russian legislation for how to write a claim letter does not make sense - there is no approved single template. In the same way, there are no strict requirements regarding the test of such statements, but there are still unspoken rules for registration. First of all, they relate to the details and their correct location:

Thinking about whether it is possible to write a claim statement by hand, the answer is yes. Nowhere is it stated that complaints are accepted only in printed form, so written is always acceptable. If you are in doubt about how to properly draw up your claim so that it has the maximum effect, it is better to immediately contact a specialist.

Examples of claim letters

For your reference, here are some examples of consumer protection claims in situations that are most common today:

How to submit a claim letter

There are several options for how to properly file a claim:

Regardless of the method of submission, you must have confirmation of the fact that the letter has been received by the addressee. Confirmation is a return notification of receipt of a registered letter, a registration mark on your copy if you filed a complaint in person, an e-mail with the status of a submitted application.

Any written formal responses you receive must also be retained. All these documents will be required if the situation cannot be resolved out of court and you have to file a lawsuit in court.

What to do if you are unhappy with the result

In accordance with the law, the addressee is obliged to consider all complaints received by him in time and give a written response to them with the rationale for his decision. For example, if your claim for the return of goods of inadequate quality, the seller has the right to order an examination of this product before making a decision. The applicant shall be notified of this, indicating the date and place of such an examination. In addition, you can declare your desire to be present during the inspection.

If you received a response that did not satisfy you from the addressee or it did not follow at all, the next step is to re-claim in the same sequence, and if time does not allow, a complaint to higher structures (the prosecutor's office, Rospotrebnadzor, the court).

If you go to court, you can set out additional claims in the form of compensation for damages, payment for legal services, as well as for the services of specialists, if you had to resort to their help, depending on the situation. All of your claims must be in one claim. It cannot be added to or changed. To increase your chances of winning your case and getting the most effective result, it is recommended to consult with a qualified lawyer.

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Unfortunately, the need to write a claim is encountered quite often. The number of different types of claims is more than two dozen. The most characteristic conflict situations are poor-quality services or goods. The claim is made in writing in any form. Calling and making a claim is at least pointless. In order for the claim to reach the goal, it must be written and formatted correctly.

A claim filed in writing is a requirement of a consumer describing on paper the facts of violation of his rights by the service provider (employer, seller, performer). You must have documents confirming the purchase of a product or a service provided: a contract, checks, receipts, certificates, testimonies, photos, a price list, and some other evidence. The claim can be prepared on a computer or by hand. On sheet A4 in the upper right corner, write to whom you are applying with a claim. As a rule, this is not one specific person, but an organization (an organization on behalf of which a low-quality service is provided, a supplier, a manufacturer). Be sure to indicate the name of the guilty organization, the full name of its head, and his position. Below write from whom the claim is from: your personal (surname, initials) and contact details for communication.

Step back and write the word “Claim” in the center of the line. In the next paragraph, briefly, clearly state the essence of the problem - how exactly your rights were violated. By whom, when, under what circumstances did this violation occur, what problems arose as a result of this. Specify how your requirements are supported, by what documents. Make an assessment of the damage incurred, attach a calculation (calculation). If you have already made an oral appeal, please indicate when and to whom you addressed.

Next, write how the addressee, in your opinion, is obliged to satisfy your requirements. For example, write "Based on all of the above, in full accordance with the article (indicate the name of the law, the violated article), I ask ...". Now describe your requirements. As an option: replacement of goods, reduction in the cost of the service, elimination of malfunctions, termination of the contract, return of the amount spent, etc. It will not be superfluous to attribute "I ask you to give me an answer about the measures you have taken within a month."

After that, list what documents you are attaching to the claim to confirm the fact of violation of your rights. Write the word "Appendices" and make a list of attached copies of documents. Please keep all original documents for the trial. Finally, date and sign. Unsigned - Anonymous claims are not processed. The claim is made in 2 copies. Print both copies or make a photocopy. A copy remains with you, give the original to the addressee in person or by mail.

On your copy, the addressee must put: his full name, position, signature, incoming registration number. It happens that the perpetrator refuses to accept your claim. Stock up on two witnesses and, if refused, draw up an act on the refusal of the addressee to accept your claim. It is better to hand over the document to the first person - the director or his clerk. By mail, send the claim by valuable or registered mail. With the help of the FSUE Russian Post service, it will not be difficult for you to track the delivery time of a letter to the addressee. The following three options for responding to a complaint are possible: you will be denied satisfaction of your requirements, satisfied in full or in part. If you are denied, then the resolution of the refusal should be on your claim or set out in a separate document. You will receive a response within 30 days from the date the claim is received by the addressee. If there is no answer, then write a complaint to the district prosecutor's office, the department of Rospotrebnadzor or a statement of claim to the court.

Most people don't know how to write a claim correctly. Moreover, they are embarrassed and embarrassed to do so, suppressing their anger in response to misconduct, ugly attitude from the staff and / or poor quality goods. But this is an absolute right of any consumer, why not take advantage of it? In this article, we will look at how to write a claim correctly. Her sample, too, will not be left without attention.

Claim Form

There is one thing that needs to be firmly understood. Such issues are resolved in writing. That is why we are asking how to write a complaint correctly, and not how to simply present your complaint. A written claim is a legal document, which is why it must be drawn up in accordance with all the rules.

Fundamental 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);
• be sure to indicate the following in the upper right corner: to whom the claim was made (full name of the organization) and from whom (full name and indication of the place of residence);
• an indication on the basis of which law the document was drawn up (with specific references to articles of the Civil Code);
• claims must be described in detail;
• an indication of what kind of compensation the consumer expects from the organization (note: this should also be based on the articles of the Civil Code of the Russian Federation);
• an indication of the validity period of the claim (usually ten days) and a note that if no action is taken or at least no written response is received, an appeal to law enforcement agencies will follow;
• date and signature are also mandatory.

Only one copy of the claim is submitted to the organization, the second remains with the consumer.

Defective goods

The first example we'll look at is a defective product claim. Defects can vary and may result in a different response from the organization that sold the product. But how do you write a claim for a product?

We demand legally

The consumer has the right to demand:

• replace the product with the same/similar one;
• receive a discount corresponding to the defect of the goods;
• repair of the product at the expense of the enterprise / elimination of defects (if possible);
• return the item and get a full refund.

Timing

For how long and how to file a claim? We will consider a sample a little lower, we only note that such a document can be presented during the warranty / expiration date. If the warranty period is not established - within two years. The time is counted from the day of purchase or from the day of the season for seasonal goods (eg shoes, gloves, etc.).

Sample

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 how to write a claim to the insurance company? This is a question that has an answer.

Basic moments

A pre-trial claim must be submitted to the insurance company in writing with a request to give the same written response. The response time is five days from the date of submission of the document.

Example

In order to understand how to write a claim, a sample is best suited. That is why it is presented below.

Claim Example:

In OJSC “….”

From: Mishchenko Alexander Ivanovich,

Kazan,

st. Heroes of Labor, 7, building 18,

CLAIM

On February 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: (...).

If my claims, based on the current legislation of the Russian Federation, are not satisfied, 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 to first study the Civil Code, in particular the law on consumer rights. In this case, the rule "Forewarned is forearmed" clearly applies. Arm yourself with your knowledge of the legal aspects to the fullest! And remember that it is your right to file a claim and demand an answer to it. Well, how to write a claim for a product or an insurance company is no longer a question.