How to write a claim to the made CT. How to make and file a claim

It comes from the Latin language (or rather - Latelatinsky) and originally looks like this - "PRAETENSIO". More precisely, from the verb "Tendere".

So the console "when" there can be and cannot. We'll have to remember, or - hit the study of Latin))

That's right - "Claim". Wrong - "Printija". It remains to know why.

Clarification of the circumstances is whether the beginning of this substantive ("pre-") prefix or is not it - meaningless. This absolutely will not give anything when writing. Indeed, in Russian there is a prefix "at-", and the prefix "pre-". So what of them to write? If this is not a prefix, then the root can also begin with "at-", and with "pre-".

Therefore, I would recommend settling all reflections on the prefixes and roots. And even the knowledge of the fact that the first syllable of the root in the "claim" goes back to "Prae-" (before) will not save either. Because the knowing about "Prae-" will not be mistaken, and not knowing that he will not remember this foreign combination.

The word "claim" requires mechanical memorization. Let's fall at the end with a small storage room, maybe she will help someone:

"The applicant presented a complaint" (all three words begin with "pre-").

Free Legal Advice:

In writing Russian words with consoles, and the words in which there are no these consoles are examined. They are usually borrowed from other languages. In this list of words recommended for memorizing their writing, we list the following:

claim, presidium, prestige, presentation, private, prelude, preamble, prevail, reptile, precedent, etc.

In the word "claim" it is impossible to check the writing of the letter E in the first syllable. This is a vocabulary word.

Correctly talk and write claims. The emphasis drops not on this letter, so often hears instead of e.

Unfortunately, this is one of the words, whose writing not to check the rules and do not come up with a one-sided with an emphasis on the first syllable, since it is foreign origin (from Latin). Therefore, it should be just remembered.

Free Legal Advice:

Sanding on the possession of anyone, presentation of the right to anything. Also, a complaint about someone, for something. Feel offended.

Claim - you just need to remember what is written through "e".

In the dictionary of Ozhegov there is a more detailed description :)

The spelling rule of the prefix prefixes is impossible to apply it, because the word goes to the root.

Writing this word must be treated by spelling dictionary, open it and find this word:

As you can see, it is not necessary to write the word correctly through the letter E. Single words with an emphasis on this unstressed vowel in modern Russian language.

Free Legal Advice:

The word Claim came to the Russian language from the French prettention, in turn, it from Latin Pratendere-claim. Polish pretenzja. The emphasis falls on the second syllable, and the shock vowel is pronounced firmly.

This word is vocabulary, we remember his writing.

Proper writing of this word is a claim and in no way.

This is the word of Latin origin, pick up a single-handed or verification word to it is not possible.

Just let's remember that it is written through "E".

Free Legal Advice:

That's right in the root of this word there will be the letter y, that is, a claim is written. For those who have photographic memory, here is a picture for clarity.

The word "complaint" is quite common in modern world and society.

That's faithful in writing, there will be the only option - "NOTE."

This word does not have test words, so it should be leaning.

The word "claims" in its composition does not have consoles and the whole part of the content will be the root.

Free Legal Advice:

The word Latin and therefore is written as it is formed, so the first vowel one needs to be remembered.

How to write a complaint? Sample claim

Most people do not know how to write a claim. Moreover, they are confused and shy to do this, suppressing their anger in response to unlawful actions, ugly attitude from personnel and / or poor-quality goods. But this is the absolute right of any consumer, why not take advantage of them? In this article, consider how to write a claim. Her sample will also not be removed.

Form of claim

There is one thing you need to understand firmly. Such questions are solved in writing. That is why we ask how to write a claim correctly, and not just to prevent your complaint. A written claim is a legal document, which is why it must be issued for all the rules.

Fundamental rules

In addition to the above, there are basic requirements for which any example of a claim must be configured:

Free Legal Advice:

• the document must have two copies (instance);
• be sure to indicate the following in the upper right corner: who compiled a claim (the full name of the organization) and from whom (the full name and specification of the place of residence);
• the indication, on the basis of which law, a document is drawn up (with specific references to articles of the Civil Code);
• claims must be described in detail;
• an indication of what compensation consumer expects from the organization (Note: It should also be on the basis of articles of the Civil Code of the Civil Code);
• an indication of the term of the claim (usually ten days) and the remark that if no action is taken or at least not come a written response, law enforcement agencies will follow;
• date and signature are also affixed.

Organizations are served only one copy of the claim, the second remains at the consumer.

Poor quality product

The first example, which we consider is a claim for poor-quality goods. Defects may be different, and depending on them vary the response actions of the organization, which sold this product. But how to write a claim for the goods?

We demand on legal grounds

The consumer has the right to demand:

• replace the goods on the same / similar;
• get a discount that corresponds to a product defect;
• product repair at the expense of the enterprise / elimination of deficiencies (if possible);
• return the product and get reimbursement of its full cost.

Timing

For what time and how to write a claim? Sample Consider a little lower, we note only that such a document can be submitted during the warranty period. If the warranty period is not set - for two years. The time is counted from the date of purchase or from the day of the coming season for seasonal goods (for example, shoes, gloves, etc.).

Sample

Address:, Belgorod,

from Ishchenko Marina Ivanovna,

Free Legal Advice:

residing at:

411075, Belgorod,

ul. Firemen, d. 67, square. 23,

11/17/2015 I purchased in your store (at ul. Victory, d. 30) shoes men's winter nike, black, r. 45, costure. The warranty period for this shoes was 50 days.

08.12.2015 The defect was discovered on the shoes - thinning of the skin at the place of fastening with the sole. Because of this, shoes have become unsuitable for the sock.

Free Legal Advice:

In accordance with Art. 18 of the Law of the Russian Federation "On the Protection of Consumer Rights" of 07.02.1992, I wrote to replace the goods on a similar or similar or to make a refund of its full cost. I demand a response within 10 days.

If you doubt about the defect, I ask you to conduct an examination of the goods at the expense of the seller (period - 20 days from the date of the claim of the claim in accordance with Art. 21 of the Law of the Russian Federation "On the Protection of Consumer Rights"). In this case, I ask you to notify me about the examination in writing.

In case of dissatisfaction with my claims, I reserve the right to put forward other claims in accordance with Article 18 of the "Consumer Rights Act" and apply to the court.

I apply a copy of the cash check.

Free Legal Advice:

Ishchenko M. I. ________________________ Signature.

This example clearly illustrates how to write a refund / exchange / compensation for the value of poor-quality goods. Well, we go to the next item.

Unfortunately, there is no uncommon such a situation when the insurance company delays payments. There are also cases with refusal to reimburse the agreed amount or disagreement of its size. In this case, it should not be inactive. But how to write a claim in the insurance company? This is a question that has an answer.

Highlights

The pre-trial claim to the insurance company is necessarily filed in writing with a request to give the same written answer. The response period is five days from the date of the document.

Example

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

Free Legal Advice:

From: Alexander Ivanovich Mishchenko,

ul. Heroes of labor, 7, k. 18,

02/15/2015 at 15 hours 04 minutes at the crossroads of Rosa Luxemburg Andrejichuk Sergey Vladimirovich, while driving (indicating the brand and car sign) made a hit on my car (brand and sign), causing material damage belonging to me.

02/17/2015 I applied to the insurance company (name) with the relevant statement. According to the case of the case of the insurance, the amount of the appointed reimbursement was (.).

Payment did not cover the recovery repair of the car, because an independent evaluation company conducted an examination to assess the real value of this operation. It was (.). From which it follows that at the current moment of JSC (.) Did not pay the necessary proper amount of insurance compensation to me.

Free Legal Advice:

Based on the above described, I must make a payment in the amount (.) Within five days from the date of receipt of this complaint. Reimbursement includes appropriate insurance fees and expenses for independent examination.

I ask you to list the necessary amount to my account on the following details: (.).

In case of dissatisfaction of my claims based on existing legislation Russian FederationFrom me will follow the forced appeal to the court.

I also make the conclusion of an independent examination.

02/23/2015 Mishchenko A. I. _________________ (signature).

Free Legal Advice:

Finally

The claim, as well as any other official document, should be drawn up in as a laconic style as possible, with reference to the relevant paragraphs of legislation, indicating all the details and the like. To write it, it is recommended to first shut down the Civil Code, in particular the law on consumers. In this case, the rule is definitely applied "warned - it means armed." Arm yourself with your knowledge of legal aspects completely! And remember to file a claim and demand a response to it - your right. Well, how to write a claim for goods or in the insurance company, no longer a question.

How to make a complaint - Basic rules and samples

Violations in the sale of goods, work and the provision of services take place at all. That purchased goods turned out to be unfounded, the service was not received on time, the supplier did not provide the promised products. In order to effectively protect against abuses by unscrupulous sellers and employees of companies that provide different kinds of services, it is necessary to learn how to use the tools that provide the legislator.

We will talk about the pre-trial claim of the settlement of disputes, we will tell that they represent the claims, what kinds they happen to how to make a document and respond to refusal to meet the requirements.

What is a complaint and when can it be filed?

The claim is a written requirement to sell the goods that carried out the work or the company provided a service (person) to eliminate the violation admitted to the applicant. This is an official document that is filed in the order of pre-trial settlement of the dispute to restore the rights of the affected person. Simply put, the complaint is a complaint that the one who received a poor-quality product or service directs or did not receive them on time, who is guilty of this violation. The complaint procedure for resolving the conflict situation avoids the trial and thereby save money and time. Any person who believes that he is provided with the service of improper quality or sold a poor-quality product, can make a claim on this issue and demand to restore violated rights. It is profitable and affected, and guilty. The first faster than through the court receives it the goods, the service of good quality or compensation for them, and its counterparty avoids the costs of legal costs, the payment of compensation for moral damage and other financial losses.

Free Legal Advice:

When the complaint does not satisfy voluntarily, you can go to court. In some cases, disputes are not considered in court, unless the claim was not previously filed. The law provides for a mandatory pre-trial settlement without it statement of claim Do not accept consideration. This happens, in particular, in violation of consumer rights or in the case when the mandatory complaint procedure is enshrined in the contract between the parties.

For claims in case of receipt of a poor-quality service or product, the requirements for the timing of presentation are established:

• Throughout the established warranty period or after its completion during the 2-year period after the service or receipt of the goods.
• If the warranty period is not installed, then no later than two years after the sale of goods or services.

IMPORTANT: if the seller of goods or service provider is an organization, address the claim should not be a specific person who has become a poor-quality product in the store, unfair waiter, cashier, courier, or a load train, and the head of the company. When the intruder is a private entrepreneur, the claim is drawn up in his name.

Types of claims

Classify claims can be classified according to a variety of criteria. Below are some of them.

Free Legal Advice:

• On the return of goods and receiving money paid for it.
• On eliminating the shortcomings of goods.
• On the replacement of goods.
• About correction of errors made in the provision of services.
• On termination of the Treaty on the work, etc.

By type of contracts:

As a special type of claim, an act of complaints is considered (or simply - complaint). This letter that constitutes the work partner's unmet cooperation, that is, the second side of the contract. It contains the requirements that must comply with not only legislation standards, but also the terms of the agreement.

How to write a claim?

Find in the legislation the template or form of a claim letter will fail. Strict claims for a statement with a requirement to provide a product or requirement of good quality in any regulatory legal act. It can be supplied in arbitrary form. However, in order to properly compile a claim that will continue to restore violated rights, some rules should be followed. Other, the lawyers of the violator company will definitely take advantage of the opportunity to refuse to meet the requirements.

It is necessary to prepare a letter in two copies, one of which is sent to the addressee, and the second remains from the author.

Tip: find out the legal address of the company or IP to send a letter with a claim in the tax authorities, contacting the request for an extract from the State Registry: EGRIP - to obtain an address entrepreneur, the register - to get the organization's data.

Free Legal Advice:

Cap - To whom is addressed

As in any other document, which has a statement form, when making a claim, it is assumed to be filling the so-called "caps" located in the right upper part of the sheet. Here you should specify who is presented to the claim. If it is an IP, his surname, name and patronymic are written in the header. In the case of a legal entity, it is necessary to mention its name. The name of the director or other manager can not be indicated. It should be carefully approached to filling this item, since the indication of the not the addressee may become an obstacle to meet the requirements. In the claim it is necessary to indicate exactly the name of the company, and not a specific store in which the goods purchased, or the service center provided the service. In the cash, commodity check or other document, which confirms the fact of payment, you can find details of a legal entity or entrepreneur responsible for the poor-quality goods or service.

Information about its authors is also given in the application header. In addition to his last name, name and patronymic, you should specify contact details so that if necessary, it was possible to contact a person who submitted a claim and coordinate the conditions for meeting the requirements.

Title

After filling in the header in the center of the line, the name of the document is written: "Claim". A document may also have a different name, for example: "statement", "complaint", "appeal", "requirement" or "letter". The essence does not change. No matter how the title sounds, if the document contains a requirement to eliminate the violation of rights, it is considered a claim.

Description of the problem

It is necessary to set out the essence of the case and justify their claims. The circumstances under which the service of improper quality or sold is a low-quality product, indicating the dates and reasons for the applicant's discontent, is described.

Requirements

It is necessary to clearly formulate how the applicant sees the resolution of the conflict. It is advisable to refer to the regulatory acts and the agreements between the parties. You can describe your requirements with such phrases as "I ask to replace the goods to a similar proper quality", "I ask to terminate the contract", "I ask to return the funds that were paid for the service" and the like.

Free Legal Advice:

Term for response

There are no uniform requirements for the terms of consideration in the legislation. They can be established in contracts for work or services. In addition, for certain types of claims, the limit periods of consideration are indicated in regulatory and legal acts. For example, a calendar month is given to the preparation of a response to the claim on the complaint about violations in the provision of communication services or transportation. In some cases, the requirements should be satisfied within two weeks or five days.

IMPORTANT: Indicating the Claims for an answer, it is necessary to refer to the regulatory act or an agreement in which it is provided.

The consequences of dissatisfaction

The applicant warns how to act if his pre-trial claim ignore or refuse to satisfy the requirements. As a consequence, the appeal to the court for protecting and receiving compensation, including moral damage.

Applications

The application should be attached to all the documents that the consumer can confirm the validity of its requirements, such as a commodity check, certificate from the warranty workshop or warranty card. At the same time, the originals are better to save, and the violator to send a copy. In the text, the claim should be mentioned which documents are attached to it

Date, FULL NAME, Signature

The claim cannot be anonymous. Without signature and instructions of the surname, the name and patronymic of the applicant, it has no power and will not be considered. Another obligatory propulsion claim is the date. Her absence can create problems with the subsequent appeal to the court.

Free Legal Advice:

Sample complicated letter

As a kind of manual for writing a claim, we have prepared a selection of samples on the most common violations. We suggest choosing the examples of our assembled, which is most suitable for your situation.

Claim for poor-quality services

Claim in the Managing Company

Sales Claim

Application for refund for goods

Application for the return of goods from the buyer

Advertisement supplier about poor-quality goods

Claim for refund for the phone

Claim Russian Post

Claim in the store

Claim in Sberbank

What if your claim was not satisfied?

Upon receipt of the claim, the addressee is obliged to decide how it will be considered. If, for example, it will be decided to check the quality, the compiler must be notified when and where it will be implemented. If the seller accuses the buyer in the shortcomings of the goods, the seller must be conducted. With all the measures mentioned, the person who submitted a document has the right to be present.

If the claim is reused or ignore, without responding to the period provided for this, or throughout a reasonable period (about a month), it remains only to apply for the protection of state bodies authorized to control in the relevant area, Rospotrebnadzor, the prosecutor's office or the court. At the same time, in the claim statement, the requirements that were set out in the claim should be supplemented with the recovery of additional costs and compensation, including non-pecuniary damage, missed benefits and contest.

Save the article in 2 clicks:

So, the claim is a way to pre-trial resolution of the conflict. Despite the fact that the legislator does not make clear requirements for the form and content of this document, a certain practice of the claiming dispute settlement has been formed. To increase the chances of a positive solution to the issue, as well as to have a reliable proof in case of subsequent appeal to the court, you should consider both the general rules and some nuances of compulsory complaints in different situations.

Free Legal Advice:

The answer to your question may be here

Free advice of a lawyer by phone (around the clock, seven days a week):

(St. Petersburg and Lo)

By purchasing goods or getting any service, each consumer is counting on their high quality. It is assumed that the staff has the necessary qualifications and experience, and on sale - only proven and serviceable items.

But often we have to deal with the opposite. It can serve a person who is generally not versed in a particular sphere, but a familiar with work only on materials from the Internet. As for the goods in the store, so from the seller, in response to a complaint about the quality of the goods, you can hear: "I don't like it - do not take." What to do in this case? The answer is simple - to write a claim. As often happens, it is seeing the official document, managers become more polite and friendly and with great pleasure go towards solving the problem.

Claim: What is it and when can you serve?

In the case of the purchase of low quality goods, the consumer can be sure that the law on his side. Moreover, such purchases are not easy, but you need to return, regardless of their value and the duration of the consideration of the claim.

Claim is an official document reflecting the consumer's demand to exchange low-quality goods (service) or return cashspent on it (her).

Often, after the discovery of the marriage and appeal to the seller, the consumer receives a refusal for such reasons as the lack of a check or the integrity of the packaging. It is necessary to know that this is not a reason for refusal, and according to the law, the seller is obliged to accept the goods, even if there is no packaging or check.

If the organization refuses you, then you need to be patient and write a claim.

What is needed to compile a document?

First of all, you need to know the right seller's data: the exact name, address and surname and initials of that person, on whose name you are going to write a claim. Most often, this person is the leader of the organization.

How to write a claim - by hand or dial text on a computer - no values. The main thing is that reliable data be indicated and there were two instances of the document. One must be given to the representative of the company, which provided a poor-quality product, and the second (certified by the seller) remains at the consumer until the end of the problem solving.

If the buyer is not fully confident in its rightness, then it can first turn to the laws and regulations, to the Department of Consumer Rights Department or to a lawyer. This will all help make sure of their rightness, enlist the support and understand how to act in the current situation, to which to rely on and what to expect from the company-seller.

On the requirements and expectations

Write a claim on poor-quality goods is not as difficult as it seems, but what could be the result?

• Replacing the goods on a similar one. If it is proved that a low-quality item sold, the seller, at the request of the affected buyer, can replace it with the same, only in good condition.
• Return of the amount spent. You can require compensation spent on poor quality funds. This happens when the buyer has no desire to continue to cooperate with the seller and does not believe in the possibility of obtaining quality goods (replacement) in this place.

It is also worth noting that it is possible to write a claim with the addition of a point on the difference between the value of the goods on the day of purchase and its price on the end of the proceedings on the issue under consideration.

How to write a complaint: sample

Often the claim text is as follows.

Director of the store "Satellite"

vladivostok, ul. Svenane, d. 3

from Semenova A. A.,

residing at:

vladivostok, Ocean Avenue, d. 31, apt. five

Claim to terminate the contract of sale and replace the goods of improper quality to a similar one.

March 16, 2015 in the store "Satellite", located at: Vladivostok, ul. Svenaskaya, d. 3, I was bought 4 light bulbs for LED lamps in the amount of **** rub.

When buying a seller was denied verification. The reason was voiced by the lack of special equipment.

March 31, 2015. I invited the electrician to install the mentioned light bulbs. After opening the packages and carrying out the necessary manipulations, the specialist revealed that none of the acquired light bulbs works.

2 April 2015 I turned to the store with a request to replace the poor-quality goods. I was denied in this. The refusal was motivated by the fact that I myself spoiled the light bulb, applying them with violation of technology.

Based on the foregoing and in accordance with Articles 18, 24 of the Law of the Russian Federation "On Protection of Consumer Rights" I ask:

1. Replace me a poor-quality product for similar appropriate quality. In the absence of this type of light bulbs, I ask you to return my money in the amount of **** rub.
2. Remove the difference in the cost of my paws acquired by me on the day of buying goods and meet my requirements. If there is no such model on sale, then the price of a similar product.

In case of refusal to satisfy the requirements, I will be forced to go to court for the protection of my rights and legitimate interests.

I ask you to report on the phone number specified in this requirement within the deadline.

When you need money, not goods

How to write a refund claim? Very simple. You only need to remove the phrase about the exchange of goods on a similar one. If you need spent money and there is no desire to cooperate more with this seller, then write about your desire to get the amount spent.

Seller's actions

If it was decided to write a claim for a refund or replacement of goods, then the next step after it will be drawn to the store (to the service provider).

Being in place, you need to approach the seller and give him one instance of the claim. It is best to attach copies of checks, sales contracts and everything related to a problem transaction.

At the same time, it is necessary to ask and trace that the representative of the company put the date, the signature with its decoding and the printing of the organization on both copies. By this, he shows what is familiar with the requirements of the client.

For the buyer, the second copy of the claim with the originals of checks and other documents will serve as evidence of the acquisition of goods, repeated appeals and the fact that the seller accepted the claim for poor-quality goods to consideration. All this may be needed if the problem is solved through the court.

What will happen to a commodity?

The seller has the right to give the goods to the examination. This will allow him to make sure in the improper quality and fairness of claims.

Also, an expert assessment makes it possible to find out, the factory it was a marriage or an unusual thing came from the wrong use after purchase.

If you doubt the impassiveness of the examination, you can always contact independent centers for repeated inspection and other necessary procedures.

The conclusion of the expert can also help with the appeal to the court.

Failure of the Seller: What to do next and how?

Correctly write a claim - this is not a solution to the problem. Often, organizations that make you a poor-quality product or service do not want to recognize this and all possible ways seek to take responsibility.

In such cases, it is necessary to remember next:

1. No need to go where the representative of the seller offers. Often it can be any service center and other third-party organizations. In this case, you should ask the seller to write its data on the claims and where you are offered to contact. If such an inscription will be done, then we can assume that with the content of the claim, the company acquainted. For the court this is enough.
2. Filling on the company's blank. This is an unlawful requirement. Try to hand your option. If still it is necessary to fill in a typical store form, then you can safely describe all your requirements from scratch, and delete unnecessary points.
3. Present by mail. By registered mail with the notification and description of the contents of the envelope. By the way, save the check and receipt for payment. You will be commemmed after the trial.

These ways will help to prove in court that you have been done all possible to solve your disagreements.

How to write a claim of an insurance company?

A lot of discontent among consumers causes the work of insurance companies. Often, the consideration of the issue of damages is delayed for a long time, and all the questions and appeals of the firm give excuses and promises to fulfill their obligations. What to do in this case?

First of all write a claim in the insurance company. This can be done in two options:

1. Take advantage of the insurance company.
2. Make a document yourself.

In both cases, an accurate statement of facts and references to legislation is necessary. It is they will give more complete information about what exactly the insured company is violated or what kind of help is counting by the client.

Content Claims to Insurance Companies

Mandatory points will be:

• Contact details. The name, address of the organization and the same thing about the client.
• Description of the insured event. Detailed, with all dates and confirmations.
• The insurer actions. About the previous appeal to the organization, with the date, deck number and transfer of documents provided earlier in accordance with the contract with the insurance company.
• Cause of the claim. Often this is non-fulfillment of obligations.
• Purpose. Obtaining the necessary compensation, payment of penalties, etc.
• The actions of the insured in the event of dissatisfaction of its requirements. This paragraph usually write about the subsequent appeal to the court.
• Date and signature.

Answer the question of how to write a claim correctly, lawyers or employees of the department for the protection of consumer rights can.

Upon presentation of a document in the company, it is necessary to follow the same items as with the return of poor-quality goods to the seller. With any actions of representatives of the company, it is necessary to remember the possible access to the court and that your actions must be confirmed by the signatures of employees (with their decoding and indicating positions) and preferably - seals.

About timing

Consideration of the claim can not last eternity, as perhaps it would be more convenient to the seller. There are certain temporary frameworks in which he will have to meet.

Terms can be different, depending on the situation and the transaction itself. If an agreement was concluded when purchasing the goods, it may be spellings for the consideration of claims from the buyer.

In the event that there are no specified deadlines, you should focus on legislation. In accordance with it, the response period is 10 days. It begins from the next day after receiving the claim from the consumer.

From the above material it becomes clear that the main complexity is not to write a claim, but how to achieve its execution from the seller.

Understanding the essence of what this document must contain, and knowing the mandatory points, you can solve any problem with poor-quality goods or service. After all, it is not so difficult to describe the actions of unskilled personnel or the quality of the goods.

The main thing is what you need to remember is that the law on the consumer side. This concerns the return of goods of any quality (except those that are not exchanged by law). And, maybe if consumers will more often defend their rights in such situations, poor-quality goods will become less and do not have to think about the question: "How to write a claim to the product?"

When providing services, disagreements often arise. Such disputes are solved by several paths. However, the starting point of consideration at any level is officially executed paper - a claim letter. In mandatory, the complaint is first submitted directly to the organization or even specifically a person who provided a service of inappropriate quality. Without this action, neither the judicial instance, nor Rospotrebnadzor statement will not be considered.

To bring to justice in the field of medicine or education is much more complicated. The complaint is drawn up by the same sample as in another area. But to solve such a dispute, it is recommended to attract an experienced lawyer.

Significantly facilitates consideration of documentary confirmation of a bad service. These include:

• photos and videos;
• the contract where the services provided are described. To the application attach a copy;
• documents on payment;
• act of work acceptance (copy);
• copy of the warranty coupon;
• other papers with evidence.

How to properly write a claim

To ensure power, it is necessary to arrange it correctly. The main recommendations are as follows:

• in the header of the claim letter, the maximum full information about the applicant (FULL NAME, company name, telephones) and the addressee are indicated;
• in the body of the letter detail all violations with reference to the items of the Agreement, where the description of the service is indicated;
• mention legislative acts according to which the applicant has the right to write a complaint;
• be sure to indicate the date - without it, the complaint is invalid, and sign.

The claim is written in 2 copies: one is supplied to the company, the second is saved by the applicant.

Before making a complaint, you need to collect and maintain the maximum number of evidence. Often, when it comes to trial and the amount of the claim is significant, the defendant resorts to the most dishonest techniques.

The main legislation that makes it possible to make claims to the service supplist. 29 "Consumer Protection Act". Coordinating with it, determine the requirements:

• in violation of the timing of the implementation of the Agreement, the Customer requires refund of payment, reducing the price or order to another person;
• if services have been rendered, but not good quality, the client has the right to demand discounts, re-free execution of the order, refund of money
• if doubts arise in the design of documents, refer to a qualified lawyer. Important proper compilationIf the customer suffered significant material losses as a result of non-appearances of services and requires compensation. It has the right not only to pay compensation for damage, but also a penalty for each overdue day since the failure to comply.

How to hand a claim

According to the current legislation, primary advertising is always sent to the Contractor. If the claim was verbally, the seller can ignore it. The official letter is sent to the organization. If after the deadline expires - from 10 days, the company did not respond to the filing of the complaint, the affected user can contact other instances.

It is very important to ensure that the complaint has been registered. If this can not be done directly - to move as a secretary or other person, information contributes to the registry, resort to other ways.

Methods are several:

• paper transfer to the secretary or administrator - requires a personal visit to the office. The first copy of the secretary registers, the second leaves for registration;
• transfer by registered letter with notice - through Russian Post. The letter is inserted into the document. Notification of receipt and is the confirmation that is required in court;
• you can send paper by courier service - the courier gives an application for a personal signature. This is also sufficient confirmation;
• you can attract witnesses. In this case, you can pass the complaint personally, and confirm even if the addressee refuses to accept a letter. 2 independent witnesses accompany the applicant and after he leaves a claim on the destination table, samples on the second instance. There, the witnesses indicate their personal data, contacts and affix the complaint with the date.

The term of consideration of the document

The best option for both sides is the submission of an application until the end of the contract. If before this moment the service submitter managed to eliminate the shortcomings, the agreement is not extended, but the disagreement is considered to be exhausted. If the transaction has already been completed and the performer did not have time to satisfy the complaint, the customer may terminate the contract and require compensation for damages from the inaction of the Contractor.

Fill the material damage or other way to solve the dispute, the Contractor is obliged within 10 days after receiving the complaint. The amount of compensation is calculated under Art. 24 З0SPP. At the same time take into account the cost of the service or product.

Opinion expert

Kurta Mikhail Sergeevich

Lawyer-practitioner with 15 years of experience. Specializes in civil and family law. Author of dozens of articles on legal subjects.

The lawsuit according to it is 3 years. That is, after 3 years since the provision of poor-quality services, the user can no longer file a complaint. Given the costs associated with the decision of disputes in court, the best option for both parties is a pre-trial settlement of the issue.

What if the seller refused to considery the claim

If the company, organization or IP does not respond to a submitted claim, refer to other structures:

• Rospotrebnadzor - the authority competence includes the protection of consumer rights. The organization carries out unscheduled inspections of both legal and individuals, registers violations and attracts guilty to administrative responsibility;
• The prosecutor's office or the police are referred to here, if the assistance of poor-quality services caused harm to health;
• The court - solves property issues. The submission of the lawsuit allows you to achieve the rejection of damage, payments to the penalty, compensation for other expenses that have arisen through the fault of the Contractor.

How to make a competent claim

The complaint is in arbitrary form, which in some cases allows you to interpret the outlined in different ways. To avoid this, the complaint is as a business letter and in accordance with the same requirements. It is important to indicate all the necessary data in the letter header, it is important to set out the complaint with a dry thorough language. Jargonisms, an excessively emotional description turns the official document into an essay, such complaints are not considered.

In no case can not be included in the complaint of insults, undormatically vocabulary, Moreover, the threat to the artist. At the same time, the latter appears to appeal to court.

Proving low quality service is not so easy. If it comes to the delivery or construction of an object, you can fix the inconsistency and disorders during acceptance. If the service is intangible in nature, prove the eligibility of claims much more difficult. Therefore, it is so important to competently compile a document.

The basic requirements for presenting the complaint are:

• the statement indicates all details: names, names of the treaties and any other information. In their absence, the Court may consider the claim of non-obvious and return the lawsuit;
• it is necessary to indicate that the letter is exactly the claim and mention the service agreement in it - the name, registration number, the date of compilation. IN otherwise The artist has the opportunity to avoid responsibility. If you consider the letter not as a claim, but as a request or notification, the defendant has the right to ignore it;
• data on the sides indicate in one part of the document, details at the beginning of the letter;
• in the descriptive part, the essence of the concluded agreement lists the items that violated the Contractor in the opinion of the Customer. In this case, indicate the identified errors, malfunctions, inconsistencies declared in the contract. Each item correlate with the point of contract. If possible, damage documents - video, photo, examination results. Full inventory is attached at the end of the letter. The statement in the body indicate the document number or link;
• in the final part, the Customer sets out its requirements: eliminate disadvantages, compensate for damage, re-provide the service at the expense of the company. Requirements related to art. 29;
• in conclusion, the complainant warns the performer about the measures that will take in case of refusal to satisfy the complaint. This is the payment of a penalty, a fine, compensation for simple, legal costs.

At the same time, one nuance is taken into account: when considering the case in court, claims must coincide with the requirements recorded in the complaint. Otherwise it turns out that the defendant could satisfy the requirements of the customer in a pretrial order. This provision court considers as a violation.

Samples of claims

Supervisor (name of legal entity,

municipal organization, individual entrepreneur,

legal address)

From (full name or the name of the applicant's organization,

address, phone number)

Claim for low-quality services

"___" _______ 20___ year between us was signed by agreement No. ____ to grant _________________. Your services were paid in full ________ (and the amount in words) rubles. Receipt of payment No. _________ is attached.

After providing services, I found a discrepancy in quality, which is manifested in the form of _____________________________________________.

Referring to the 4th and 29 article of the Law "On Consumer Protection", we require (here are one of the options for the solution of the dispute):

Return paid money in full with the termination of the agreement.

The buyer has the right to return to the store not only the defective thing, but also the goods of proper quality. However, if we are talking about the claim, this wording is applicable to low-quality products. In other cases, it is better to make a statement.

In accordance with Article 18 of the Law "On Consumer Protection" of 07.02.1992 No. 2300-1, if, after buying a product, the buyer discovered flaws in it, he has the right to return this product to the store. At the same time, the refund can be both subsequently reimbursement of the cost of goods and with the exchange for similar goods of proper quality.

The law is definitely on the buyer's side, if the disadvantages found in the purchased product were not specified before the purchase or at the time of its commission. The consumer's consent to the acquisition of goods with disadvantages should be issued in writing - usually a special mark is made in payment or warranty documents.

If all the conditions are complied with a claim to return the goods. Despite the fact that it is compiled in free form, it is better to take into account some recommendations and to show maximum attention - sellers will not always be eagerly go to meet and unconditionally accept the faulty goods back. Often the return procedure is accompanied by conflicts, attempts to sell the law and abandon the reception of defective things under various pretexts.

To make a complaint correctly, as a sample you can use an example of a claim posted on our website.

Do not know your rights?

How to make a complaint about poor-quality goods (sample claim)

The chances of the operational and the most unconfluous return return of poor-quality goods to the store will significantly increase if there is a few points in drawing up a claim:

1. The refund claim is drawn up in two copies: one of them is awarded to the seller, the second, with a mark on receiving, remains at the buyer.
2. Before proceeding to the description of the problem and spreading requirements, it is necessary to consistently state the circumstances of the purchase of goods, indicating the date, time and place.
3. When describing the goods, you should specify all the well-known characteristics: name, brand, model, color, size, complete set, article, serial number, etc.
4. In the motivation part of the claim, you need to list all the identified disadvantages and circumstances of their detection. There, it also makes sense to indicate the impossibility of using the goods for its intended purpose due to the existing shortcomings.
5. To prevent the possible doubts of the seller regarding the circumstances of the disadvantages, it is necessary to make an item about the responsibilities of the seller to carry out the examination of the goods. Read more than switching to the operative part of the claim, it makes sense to refer to the law of the law, binding the seller to accept a faulty product:

• article 18 of the Law of the Russian Federation on the Rights of Consumers, in accordance with which the buyer has the right to return the goods to the seller when deficiencies are found in it;
• article 309 of the Civil Code of the Russian Federation, in accordance with which all the obligations of the Seller must be executed according to the terms of the law;
• article 310 of the Civil Code of the Russian Federation, which does not allow one-way refusal to fulfill the fulfillment of obligations (including under the contract of sale, which is the acquisition of goods in the store);
• article 503 of the Civil Code of the Russian Federation, duplicating the provision of Article 18 of the Consumer Rights Act.

If there is a commodity or cash receipt, it is better to specify it. Otherwise, it is necessary to make an appropriate mark and refer to paragraph 5 of Article 18 of the Law on Consumer Rights, by virtue of which the lack of payment documents cannot be the basis for the deprivation of the buyer of the right to return the seller of the goods inadequate quality.

If we are talking about returning a large-sized thing (weighing more than 5 kg), in the claim to return the goods it is necessary to register the way it is delivered to the store. According to clause 7 of the Consumer Rights Act, this duty is completely on the seller, therefore, in the case of the delivery of such goods, the buyer makes sense to put forward the claim for reimbursement of relevant expenses.

All the necessary circumstances, facts and justification of the claim must be set forth limitly concise and clearly, the initiator's signature is subject to mandatory decoding. The date is placed at the end of the document.

Important! Before you begin to compile a claim for the return of the goods, it is worth finding out the right (official) name of the seller, that is, the store in which the poor-quality thing was acquired.

Ideally, you need to specify the surname of the manager, but this information is not always in general access. Such information can be searched on the seller's website (if there is any), in the store's room in the corner of the buyer or clarify the personnel.

As a result of searching for the request of the species "How to write a claim for low-quality product Sample" You will undoubtedly get a lot of options, not all of which will be able to be useful, and will be forced to check whether all the above points are in it (any missed nuance may interfere prosperous outcome of the case). Therefore, we propose to do it easier: do not engage in tedious searches, but use a sample claim for a poor-quality product located on our website.

If you have sold a spoiled product, or it has any disadvantage, by law you have the right to demand replacement for similar products or refund. However, most often the manufacturer is in no hurry to meet and recognize the requirements of the buyer legitimate.

In this case, it will have to translate communication in a written form, and one of the first documents will be. This document with a complaint that the seller undertakes to accept and give a response to it, depending on the response received, further actions can be taken.

It's a shame to spend your money on poor-quality goods.

A sample claim to find is easy, but it is important that this document be compiled correctly. There are many nuances and subtleties, knowledge of which helps trade organizations to leave responsibility for overdue or poor-quality goods, and it is necessary to decide through the court.

However, for a start, it is worth trying to negotiate directly with the store, and for this you need to submit a competent written appeal. A claim can be written by an ordinary A4 sheet, and you can print with a computer and printer. In all cases, it becomes a legally significant document and must comply with certain requirements. It includes the following information:

• In the top of the sheet on the right, the name of the store, the name and initial director, the store address, is indicated. You also need to write, from whom the claim: usually a buyer's name and address are written.
• The name of the document is the requirement (complaint) on the return of the cost of products and the termination of the contract.
• The first part of the text is a detailed statement of facts: you need to specify when and where the goods were purchased.
• To the document it is necessary to attach a commodity (or cashier) check and warranty card (if it was issued to the goods). Without a check, it is difficult to prove that this product was really purchased in this store on the specified day, so it must be kept as long as possible.
• You need to specify the product characteristics in detail: type, color, size, brand, number, etc. Depending on the specific case.
• The next part is motivative. Speak all the identified disadvantages that caused the reason for the appeal. If, for example, we are talking about household appliancesYou need to write about all the faults and poor-quality details identified by the wizard in the service.
• The resounding part is the requirement to exchange the goods on an analogue or refund. If we are talking about a large thing, then a shipping method is sure to be prescribed. A new product must bring at the expense of the seller, or the store must compensate for the cost of the buyer for transportation.

The claim is necessarily written in two copies: the first one is awarded to the seller, the second must remain on the hands of the buyer, and it should stand on the receipt store. If it is not possible to solve the question in peaceful way, the document will need to be attached to the claim that is sent to the court along with the store's response.

Important rules when writing a claim

The poor-quality goods can be returned!

The law, as a rule, is on the side of the buyer and when compiling, you can call several provisions:

• Art. The 18 law confirms the buyer's right if deficiencies are found to receive money back. It is also spelled out that the buyer has the right to demand compensation for all costs caused by the use of poor quality goods.
• In art. 309 of the Civil Code of the Russian Federation it is said that the seller cannot refuse its obligations and is obliged to fulfill all the requirements of the law.
• Position of art. The 18 Consumer Rights Act is duplicated in 50 Art. Civil Code of the Russian Federation - it can also be indicated during the argument of its rightness.

There is another important condition: in paragraph 5 of Art. The 18 law states that the consumer can seek the return of money for a poor-quality product or change it to analogue even in the absence of a check.

In many cases, the seller refuses obligations for this reason, so in the claim it is necessary to immediately make a mark on the absence of a check with reference to the law. If your requirements are denied, the case will solve the court, and in this case the seller will have to compensate also legal costs.

In this case, the buyer will help independently, and it is possible to require it to be carried out at the expense of the seller, or that costs have been charged. Evidence in your favor will also be documents from the service service, in which you treated for the repair of goods. It is necessary to maintain all the documentation before the final decision.

Sample version of the claim for spoiled goods

Sample Claims for poor-quality goods: sample

Consider an example of accessing the store with a complaint to the purchase of low-quality household appliances:

Director of the Asta store
Pumfish P. B,
Address: Yekaterinbug, Green Street d. 12.
From Petrova I. D., address:
Yekaterinburg, Street Partizanskaya, d. 20.

Requirement (complaint)
On the return of goods of inappropriate quality

On August 25, 2015 by me, Petrov Ivan Dmitrievich, in the store "Asta" was purchased by the washing machine "Indesit IWUB 4085" for 14 000 r., In addition, I paid for delivery in the amount of 500 rubles.
The warranty period appointed by the manufacturer "Indesit" is three years, this information is contained in the warranty coupon received when purchasing. This period expires on 25 August 2018.
September 12, 2015 washing machine failed.

The warranty coupon in the authorized center was repaired pump and new components were installed. However, after 2 weeks, September 25, 2015 the technique again stopped working. I again turned to the service where the master confirmed that the pump came out again. Since the warehouse did not have the required parts, the pump replaced was not performed. Use the washing machine from September 25, 2015. And until this day is impossible.

So, in the washing machine, a significant disadvantage was revealed, which manifested itself repeatedly, in addition, he manifested himself even after the initial elimination.
According to paragraph 1. Art. 18 of the Law of the Russian Federation "On Protection of Consumer Rights" Buyer When identifying shortcomings in the product, which did not specify the seller when concluding a deal, it has the right to refuse to fulfill the contract of sale and demand the return of funds paid for the goods paid for the goods.

At the same time, the consumer may require compensate the losses that were caused by the use of inadequate quality goods. Based on the outlined:

• Return me paid for washing machine The amount in the amount of 14 000 r. and 500 p. For delivery, that is, in the end, only 14,500 p.
• If the seller refuses me to fulfill the listed requirements, I will have to file a claim for damages to court.
• Please report in writing about the decision taken.

Applications:

1. Warranty card for washing machine (copy)
2. Foreign check (copy)
3. Cash check (copy)
4. Delivery receipt (copy)
5. Repair Document (Copy)

As a rule, if the buyer competes competently and understands the legislation, the seller tries not to bring the case to the court. Requirements will be completed, and you either get the money back, or the store will pay for the repair of the goods, or you will be provided with similar products. If it came to, it will be necessary to provide as much evidence of your rightful.

Claim a complaint will teach them the thematic video intelligence:

Unlike the statement of claim and complaint, the claim is a tool for resolving the conflict between the parties to appeal to the state authorities.

If your rights are violated or listed legitimate interests, you can send your claims to the guilty person, trying to solve the problem in peaceful way. This method is applicable in a variety of situations: when buying a defective product, providing services for inadequate quality, receiving insurance, relations with credit institutions and many others. In all cases, you have the right to notify the violator of your requirements, hoping that he recognizes his wrongness and agrees to solve the issue in pretty order.

Pre-trial your will or duty?

The desire of the victim to resolve the conflict in a peaceful way is quite understandable, because in this case:

• the deadlines for solving the issue are reduced, the requirements of a material nature will be satisfied faster;
• there is no need to prepare a package of documents mandatory for submission to the authority of state power;
• there are no additional costs in the form of payment of state duty, expertise expenses.

You always have the opportunity to try to deal with the violator, indicating your claims in the claim.

If you are in circulation, you will relax on the proof of your rightness, the second side will be more profitable to resolve the situation peacefully, without too much noise

If earlier the complaint procedure for resolving disputes remained at the discretion of the affected person, then from 2016 in the Civil Code of the Russian Federation amended the procedure mandatory under certain circumstances. In art. 4 APC RF statements that civil law affairs are adopted for consideration by the court only after 30 calendar days after the director of the complaints. This concerns economic disputes when the result of meeting the requirements is to transfer funds or material values.

The complaint procedure is not necessary to comply if the essence of the question is:

• in determining the circumstances of the proceedings that are legal significance;
• in the recognition of an organization, a private entrepreneur or a citizen bankrupt;
• in the resolution of corporate conflict;
• in protecting the interests and rights of groups of people;
• in the implementation of the proceedings based on the court order;
• in the control and promotion of arbitration in relation to the work of arbitration courts;
• in recognition of the solutions and other legal acts made to the execution of decisions, acts and other legal acts issued by the authorities.

Also, the complaint procedure is not needed if representatives of federal and local governments are treated in arbitration to protect the public interests of people and organizations.

Note!

If in cases marked in legislation, you have not passed the mandatory procedure for the peaceful settlement of the conflict, will refuse to accept the claim.

Claim as evidence in civil case

This document confirms the fact that you have tried to resolve the conflict without using the tools forced to solve the issue. In order for it to be adopted by the court, a number of rules must be observed in its compilation.

The claim is issued in writing. The legislation of the Russian Federation does not provide for a specific sample document. The basis of the usual business letter is taken as the basis, which contains:

• data of the addressee and sender: name, surname, patronymic or name of organizations, their addresses, contact information;
• the name of the document directly indicating its purpose;
• the basis for which the parties from the relationship arose mutual obligations caused the dispute. This may be a contract, performing any actions;
• instructions on the provisions of regulatory acts that regulate issues in the sector under consideration;
• requirements of a person who sent a claim;
• response period;
• the message about the filing statement in the absence of an answer to the message.

Practice shows that the successability of the court is provided if the plaintiff attempted to a peaceful dispute resolution, even in cases where the procedure is not required

Requirements in the claim must have a clear wording and accurate execution period. You must be aware that any of them should be supported by evidence. If there are no written grounds, then the oral testimony of witnesses will be suitable. The term of satisfaction of the claims must be installed a real, not too burdensome for the defendant.

It is important to designate the exact amount and bring its calculation. It differs in different situations. As a rule, the price is taken by the price of the non-fulfilled debt obligations, which is subject to return. It is also indicated: compensation of costs associated with the preparation and disposal of the claim, the size of penalties and other payments marked in the contract or legislation.

Note!

When drawing up paper, you need to focus on the possible appeal to the court. The content of the requirements and the amount of monetary compensation must coincide with those that will be indicated in the claim. Otherwise, the state authority will refuse to consider the case or satisfies the lawsuit only in part.

If the defendant did not respond to a claim within 30 days, boldly see the court by applying a copy of the document to the claim. At the same time it will still be necessary to prove that you really sent the requirements.

You can send a message in three ways:

• the most reliable option to give a claim personally for receipt, but it happens often difficult to implement;
• the second way to send a document by mail, the letter must be customized with the notification of receiving the addressee;
• the third to forward the requirements by email, but it is the least reliable, since not all courts perceive the computer printout as evidence.

If any documents are applied to the claim, it is necessary to specify that they are applications in the document text.

In the case of sending a packet of papers by mail, an inventory of investments should be issued.

How to make an answer to the claim?

If a claim has come, you need to answer it. Otherwise, your inaction can be interpreted as unwillingness to solve the question in a peaceful order. The written message will not need if all the requirements of the presenter under the document sent: the funds are listed, the property has been transferred, fixed deficiencies in service and so on. But this is the perfect option.

In most cases, citizens disagree with claims or are trying to mitigate the requirements of the fulfillment of the requirements. In this situation, when writing a response, you should specify:

• what kind of requirements are fully recognized, and which are partially;
• when they are completed at what time period;
• legal justification of its position with reference to regulations or an agreement with the application of copies of those documents that may not be at the second party;
• the desired postponement of payment with the Cash transfer schedule.

Note!

The legislation of the Russian Federation does not determine the procedure for further action after receiving the answer to the claim. If the proposed version did not make a victim, it can continue the correspondence, achieving the most acceptable conditions, and can immediately apply to the court to fully meet its requirements.

How to write a claim to return the goods in the store?

In case of detection of flaws as an acquired product, you have the right to demand from the seller to return the defective thing or its exchange to a similar one. Claim in this case should contain:

• presentation of the circumstances under which the purchase was made, indicating its date, time and place;
• requisites of a product or cashier check (the lack of a payment document is not the cause of refusal to accept the claim);

• product description and its main operational characteristics, including the serial number, article and other data;
• a description of the identified deficiencies and their impact on the consumer properties of the product;
• offer to the seller to organize an examination of things at his expense, in case of doubt in the justice of your statements;
• the method of delivering to the trading point of goods of large size and weighing over 5 kilograms (according to the legislation, this duty falls on the seller).

Note!

When making a claim document, find out the correct name of the organization that owns the trading point. Otherwise, you misinterpret the addressee, and the document will not be considered on legal grounds.

How to make a complaint under a service agreement?

Its form is no different from a similar document written on any other occasion. The main thing is to accurately indicate your requirements:

• free elimination of deficiencies made in the provision of the service;
• cost compensation if you yourself eliminated shortcomings;
• termination of the agreement on which the service was provided with full or partial reimbursement of its value;
• re-provision of the service due to the second party;
• a decrease in the cost is proportionally reduced quality;
• payment of penalties under the contract (penalties).

Note!

If no sanctions were specified in the service agreement on the provision of services, you have the right to demand a penalty.

Claim for insurance company OSAO: sample filling

It is served when a citizen is not satisfied with the amount of payments for damage to an accident, or its transfer was not made in a timely manner.

In disputes on the OSAGO, the complaint procedure is a mandatory procedure

The form of the document is the same as in the previous cases. The list of papers applied to it is significantly different. Among them:

• document certifying the identity of the person's converted;
• paper confirming the right of ownership of a car;
• power of attorney for a person who represents the interests of the vehicle owner;
• insurance certificate;
• protocol and decree on offense;
• certificate of an accident, issued by a traffic police officer, or notice if the incident was issued without the participation of the representative of the authorities.

Note!

If one of the above documents was previously provided to the insurance company, it should not be reused.

Summary

The claim is an effective tool for pre-trial settlement of conflict situations. It can be applied in the spheres of trading, providing services, banking and insurance activities. In disputes associated with economic relations, the mandatory complaint procedure is regulated by law.

The court will not accept the statement of claim if the peaceful settlement procedure was not properly carried out

The form of claim with regulatory acts of the Russian Federation is not defined. It should be written in writing and contain a clear statement of your requirements and the timing of their execution by the guilty person, an accurate indication of the amount to transfer and its calculation. Paper attached documents proving your rightness.

Direction Hands should be sent with the notification and the description of investments or email. The most reliable option is the personal delivery to the addressee with receipt of the receipt. If all these rules are observed, the claim will have legal force and contributes to solving the problem of a peaceful way. This will save time and earlier to achieve the desired result.