Claim form. Letter of claim (complaint). Writing tips. Features of some typical letters

The claim procedure is the first and main pre-trial stage of work with debtors. The debt collection claim itself is a written demand of the creditor to repay the debt in order to avoid litigation. A well-drafted claim for debt collection will help convince the debtor of the illegality of his actions and the threat of litigation due to non-fulfillment of the creditor's requirements for the return of the debt. We will tell you how to write it correctly in the article.

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What to write in a claim?

The writing of a claim must be taken responsibly, since in the event of a further appeal to the court, it will be presented in the materials of the court case:

From the text of the claim, all the claims of the applicant regarding the amount of debt and the timing of its repayment should be very clearly understood.
Especially acute attention should be focused on the basis of the debtor's obligation to pay (contract, receipt, primary accounting documents, etc.). If the debt was formed as a result of non-payment for delivered goods, it would be logical to indicate in the claim the numbers of unpaid consignment notes.
A competent reference to legislative acts will “add weight” to the claim and indicate the illegality of the debtor's actions.
Mandatory point of the claim is the indication of bank details for transfer Money, which must match the details specified in the contract.

The claim is signed by an authorized person of the applicant: the sole executive body (General Director) or a person acting on the basis of a power of attorney. The claim must be sent to the legal address of the debtor by registered mail with acknowledgment of receipt. Additionally, the claim can also be sent by e-mail.

Sample claim for debt collection

To: full name of the addressee-debtor

fax/e-mail: ________________________,

from __________________________

(name of sender-applicant)

address: ____________________________,

telephone: __________________________,

CLAIM

Between ________________ and _________________ an agreement No. ___ dated "____" __________ ___ was concluded.

(indicate the name of the applicant) (indicate the name of the debtor) (indicate the number and date of the contract)

(indicate the name of the debtor) (select one)

which is confirmed by ________________________________________________________________________.

(list the primary supporting documents: acts, invoices, etc.)

Thus, ___________ fulfilled its obligation to supply products / perform work /

(insert the name of the applicant) (select one)

provision of services.

According to the terms of the Agreement, ____________ undertook to make payment within _____ days from the date of

(indicate the name of the debtor) (indicate the terms of payment)

delivery of goods / performance of work. However, this duty was not fulfilled.

(choose one)

Currently, your organization has an overdue debt in the amount of _____________________ rubles (indicate the amount of the debt in words).

(indicate the amount owed)

According to Art. 309 of the Civil Code of the Russian Federation, obligations must be properly performed in accordance with the terms of the obligation and the requirements of the law, and a unilateral refusal to fulfill an obligation and a unilateral change in its terms are not allowed.

We demand to repay the debt before "___" ________ ___, otherwise _________________

(indicate the deadline for repayment of the debt) (indicate the name of the applicant)

will be forced to go to court to enforce the collection of debt.

We also remind you that according to paragraph 1 of Art. 395 of the Civil Code of the Russian Federation for the use of other people's funds due to their unlawful retention, evasion of their return, interest on the amount of these funds is subject to payment.

The amount of interest for a legal entity is determined by the discount rate of bank interest existing at its location on the date of fulfillment of the monetary obligation or its corresponding part. No other amount of interest is stipulated by the Agreement. To date, the discount rate (refinancing rate) of the Central Bank of the Russian Federation is 8.25% per annum.

Details for transferring funds: TIN / KPP ___________, bank __________, R / s ________________, C / s __________________, BIC _________________.

(indicate the bank details of the applicant for the transfer of funds)

Sincerely,

Sample response to a claim for debt collection

To: Addressee's name

(Full name of the sender-debtor) dated __________________________

address: ____________________________,

telephone: __________________________,

fax/e-mail: _______________________,

G. _______________

(name of locality)

"__" __________ ____ G.

RESPONSE TO THE CLAIM

In response to your claim dated "____" ______ ____, we inform you that the debt to

(insert claim date)

In the amount of _______________________ we confirm / do not confirm. Payment

(indicate the name of the applicant) (indicate the amount of debt)

debt will start from ________________________.

(indicate the date of commencement of payment of the debt)

Sincerely,

Position of the authorized person ____________________ / full name of the authorized person /

What types of charges exist?

There are two ways to collect the resulting debt to the creditor:

claim (pre-trial) procedure;
court order;

It should be noted that both of these methods cannot be considered as two separate ways settlement of a debt collection dispute. Rather, they are interconnected and consistent. In some cases, the legislation establishes the impossibility of going to court without taking pre-trial measures to resolve the dispute (for example, these are disputes under contracts for the carriage of goods, transport expedition).

A mandatory claim procedure may also be prescribed in the contract. In any case, you should not neglect the claims procedure for resolving a dispute - this will help save time and money, as well as “unburden the courts”.

The judicial way of resolving a dispute begins from the moment a statement of claim is filed with the court and ends with the receipt of a writ of execution. After receiving the writ of execution, it must be transferred to the bailiffs and then the long process of enforcement proceedings begins. As mentioned earlier, the entire judicial procedure from the moment a claim is filed to the moment the debt is received can take many years, which is a very disappointing fact.

What is accounts receivable?

The term "" is widely used in accounting and represents the amount of debt due to the enterprise from legal entities or individuals as a result of economic relations with them. As can be seen from the definition, accounts receivable can only be formed by a legal entity, but a debtor (debtor) can be both a legal entity and an individual.

It should be noted that it will be much easier for an organization to recover debts in court, since settlements between legal entities are made in a non-cash manner. Also, the presence of the organization of primary accounting documents confirming the occurrence of debt will be indisputable evidence in court.

What is an outstanding debt?

Occur when one individual makes a loan to another individual. As a loan, not only money can be transferred, but also things defined by generic characteristics. In confirmation of the fact of the loan and its conditions, a borrower's receipt or other document certifying the transfer by the lender of a certain amount of money or a certain number of things can be presented.

It should be noted that the legislation establishes a mandatory procedure for concluding a written loan agreement if the loan amount exceeds 1,000 rubles. The contract, like a receipt, does not require notarization, it is quite simple to draw it up, and there will be many benefits from it if the borrower changes his mind about repaying the debt.

If there is a written agreement or receipt, you can safely go to court. However, non-compliance with the simple written form of the contract deprives the parties of the right, in the event of a dispute, to refer to evidence of the transaction and its conditions, but does not deprive them of the right to provide written and other evidence.

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

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

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

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

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

If a legal entity has been liquidated or has actually ceased its activities, and it does not have a legal successor, then in each specific case it is necessary either to choose another counterparty against which, in accordance with the law, the consumer can make a claim or contact a consumer public association, where they will give you advice on how to act in such a situation.

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

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

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

How is a claim letter written? Features of the document Claim sample filling. Important nuances when compiling. How to submit a claim? Response time.

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A well-written appeal will help resolve any dispute before the court

Unlike a statement of claim and a complaint, a claim is a tool for resolving a conflict between the parties before applying to public authorities.

If your rights are violated or legitimate interests are affected, you can send your claims to the guilty person, trying to resolve the problem peacefully. This method is applicable in a variety of situations: when buying defective goods, providing services of inadequate quality, obtaining insurance, dealing with credit institutions, and many others. In all cases, you have the right to notify the violator of your demands, hoping that he admits he was wrong and agrees to resolve the issue out of court.

Claim types

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

By content

By type of contract

By addressee

● About the replacement of goods 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.

● On termination of the contract due to violation of its terms.

● Provision of services.

● Purchase and sale.

● Performance of a certain type of work.

● Bank.

● Carrier.

● Developer.

● Seller.

● Supplier.

● Insurance company and others.

A special kind of complaint. This type A 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.

Pre-trial claim is your will or duty

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

the terms for resolving the issue are reduced, the requirements of a material nature will be satisfied faster;
there is no need to prepare a package of documents that is mandatory for submission to a public authority;
there are no additional costs in the form of payment of state duty, examination costs.

You always have the opportunity to try to deal with the violator by specifying your requirements in the claim.

If in your appeal you refer to evidence of your innocence, it will be more profitable for the other side to resolve the situation peacefully, without unnecessary noise.

If earlier the claim procedure for resolving disputes was at the discretion of the affected person, then since 2016 the Civil Code of the Russian Federation has been amended to make the procedure mandatory under certain circumstances. In Art. 4 of the Arbitration Procedure Code of the Russian Federation states that civil law cases are accepted for consideration by the court only after 30 calendar days have passed after the claim was sent to the violator. This applies to economic disputes, when the result of satisfying claims is the transfer of funds or material values.

The claim procedure does not have to be observed if the essence of the issue is:

in determining the circumstances of the proceedings that are of legal significance;
in declaring an organization, private entrepreneur or citizen bankrupt;
in resolving a corporate conflict;
in protecting the interests and rights of a group of people;
in the implementation of proceedings based on a court order;
in supervising and facilitating arbitration in relation to the work of arbitration tribunals;
in recognition as valid and accepted for execution of decisions, acts and other legal acts issued by the authorities of foreign states.

Also, a claim procedure is not needed if representatives of federal and local governments apply to arbitration in order to protect the public interests of people and organizations.

If, in the cases specified in the legislation, you have not passed the mandatory procedure for the peaceful settlement of the conflict, the acceptance of the statement of claim will be refused.

What does "prejudicial" mean?

In this case, the name speaks for itself. A pre-trial claim is what precedes a lawsuit. Through a claim, the claimant declares to the counterparty that he intends to protect his rights through the courts, but at the same time provides the counterparty with the opportunity to correct the situation voluntarily.

Why do you need a pre-trial claim

It has already been said above that the pre-trial procedure for resolving disputes can be regulated both by law and as a result of agreements between counterparties.

At the same time, the law does not prohibit filing a claim in any dispute, even over strained relations with neighbors. In any case, the letter of claim will be weighty evidence in the trial.

Thus, the purpose of a claim as a legal document is to record the fact of violation of the rights of the claimant. At the same time, the claim fixes the time of applying for the restoration of the violated right. That is, the presentation of a written claim suspends the running of the statute of limitations. This is very important with a limited appeal period. For example, the return of defective goods is possible within 14 days from the date of purchase. If the buyer sends a claim to the seller during this period, then from the date of its filing, the 14-day period stops and remains valid for the entire period of the dispute.

Claim as evidence in a civil case

This document confirms the fact that you tried to resolve the conflict without using the tools of forced resolution of the issue. In order for it to be accepted for consideration by the court, it is necessary to follow a number of rules in its preparation.

The claim is made in writing. The legislation of the Russian Federation does not provide for a specific sample document. The form of a regular business letter is taken as a 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 on which the parties to the relationship have mutual obligations that have become the cause of the dispute. This may be an agreement, the commission of any action;
indications of the provisions of normative acts that regulate issues in the area under consideration;
the requirements of the person who filed the claim;
response time;
notification of filing a claim in the absence of a response to the message.

Practice shows that the favor of the court is ensured if the plaintiff has attempted to resolve the dispute amicably, even in cases where the procedure is not mandatory.

Requirements in the claim must be clearly worded and the exact deadline for execution. You must be aware that any of them must be supported by evidence. If there is no written evidence, then oral testimony of witnesses will do. The term for satisfaction of claims must be set real, not too burdensome for the defendant.

It is important to indicate the exact amount and give her calculation. It differs in different situations. As a rule, the price of unfulfilled obligations of the debtor, which is subject to return, is taken as a basis. It also indicates: compensation for the costs associated with the preparation and sending of a claim, the amount of penalties and other payments indicated in the contract or legislation.

When drawing up a paper, you need to focus on a possible appeal to the court. The content of the claims and the amount of monetary compensation must match those that will be indicated in the statement of claim. Otherwise, the state authority will refuse to consider the case or satisfy the claim only partially.

If the defendant has not responded to the claim within 30 days, feel free to apply to the court by attaching a copy of the document to the statement of claim. In this case, you will still need to prove that you actually sent the requirements.

You can send a message in three ways:

the most reliable option is to hand the claim in person against receipt, but it is often difficult to implement;
the second way is to send the document by mail, the letter must be registered with a notification of receipt by the addressee;
the third is to forward the claims via e-mail, but this is the least reliable, since not all courts accept a computer printout as evidence.

If any documents related to the essence of the requirements are attached to the claim, it is necessary to indicate in the text of the document that they are applications

In the case of sending a package of papers by mail, an inventory of attachments to the letter should be drawn up.

To whom to entrust the writing of the letter

In enterprises and organizations, the function of writing letters of complaint most often falls on the legal adviser, the head of the department whose interests are directly affected, or, much less often, the secretary or personally the head of the company. At the same time, the most important condition is that the writer of the letter has an idea about civil law relations and other norms of the legislation of the Russian Federation and knows how to correctly use them when writing claims.

Document Features

The claimant can be either a simple person or an organization. It is sent to individuals, enterprises or state, municipal organizations.

The claim is of a business nature. All the facts are stated dryly, without emotions, clearly in chronological order. The document must contain references to legal documents that prove the fact of violation of the applicant's rights.

Please note that a claim and a complaint are two different documents. Of course, they are similar to each other, but they also have significant differences. The claim is considered the last chance for the person who violated the right to fulfill the requirements of the applicant. Otherwise, the claimant will go to court to resolve the dispute.

Important

If, according to the contract, a person does not have the opportunity to resolve the conflict out of court by filing a claim, you still need to send such a document. Lawyers say that in 70% of cases the infringer fulfills the requirements of the applicant, without waiting for the initiation of a lawsuit.

Rules for writing a letter

The letter of claim does not have a standard unified sample that is mandatory for use. It can be drawn up in a free form or according to a template developed within the enterprise. However, there are a number of rules that in any case must be observed in the process of writing it.

The complaint letter must always include

information about the sender and addressee (if we are talking about legal entities, their full names must be indicated here, as well as, with regard to the addressee, the position and full name of the person for whom it is intended);
the reasons for writing it with references to the clauses of the contract, laws and other norms that were violated;
possible ways to solve the problem and sanctions (also in accordance with the legislation of the Russian Federation), which may occur for the addressee in case of inaction.

If the letter contains any amounts and terms, they must be entered both in numbers and in words.

If there is any additional evidence, they can be attached to the letter in the form of attachments (these can be checks, receipts, additional agreements, photos, links to video files, etc.). At the same time, the letter itself must necessarily reflect the fact of attachments, indicating their number and, if they are written, the number of pages (for each of them separately).

You can write a claim letter both by hand and in printed form, but regardless of which path is preferred, the message must be certified with a “live” autograph of the leader. At the same time, it is not necessary to put a seal on it (enterprises and organizations have been exempted from the obligation to stamp documents since the beginning of 2016).

There can be as many copies of a claim letter as required, there are no restrictions here, but they must all be duly certified.

The letter must be registered in the journal of outgoing documentation.

How to write a claim letter

A claim is an official document that is sent to an organization that has violated legal right person. Often, such papers contain the requirements of the applicant and a description of the problem. The document does not have a single form. However, it is subject to certain rules.

The ability to correctly file a claim helps to resolve the issue without involving the judicial authorities. There is no single sample document.

Attention! But any such letter must include the following items:

name of the applicant, his actual address of residence, registration, as well as a contact telephone number for communication;
the name of the organization to which the claim is sent, the address of its location, registration, full name of the head of the enterprise and his position;
the exact address where the document is sent;
a statement of the circumstances that led to the need to send a claim (all facts are described strictly in chronological order, without direct reference to the perpetrators and transition to personalities);
enumeration of the rights that have been violated;
what the violation of the applicant’s right may lead to or has already led to;
the requirements of the applicant, as well as the exact timing of their implementation;
legislative substantiation of requirements;
date of preparation of the document and signature of the applicant.

It should be noted that a similar sample claim can be used to submit it to any legal organization. Some points can be added, but it is not recommended to exclude the above provisions.

The claim must be made in writing by hand or printed form. The main thing is the applicant's signature and its transcript.

Filling out the header

The sender is indicated at the top of the document, i.e. in the required lines, the full name of the enterprise (in accordance with the registration papers), address and telephone number for communication are written. Next, the recipient is entered: his name and the specific person to whom the appeal is made directly (position, last name, first name and patronymic).

Then the date of the letter and its number according to the internal document flow are put, and the name of the document is written with a short designation of its meaning (for example, “on violation of the supply agreement”).

Completing the body of the complaint letter

This section is followed by a descriptive part.

Important nuances when compiling

When making a claim, pay attention to some important nuances.

They will help to give the document an official tone, thanks to which the paper will have greater legal force:

if you attach any documents to the claim, be sure to list them in a separate list at the end of the paper. Make them as attachments and number them. Reflect in the text of the document how many sheets the applications occupy;
do not state facts that are not directly related to the problem and cannot affect the solution of the issue. No need to move away from the facts and tell the backstory. Extra information will confuse the person who will deal with the claim. In the future, it will be difficult to understand which rights were violated;
always make at least two copies of the claim. Send one to the person who violated your rights, keep the other. But remember, on your letterhead there should be a mark of the receiving party about familiarization with the document;
never make accusations against the person who violated the right. Remember, no one is guilty until proven guilty. Explain what rights were violated, and do not assume who exactly did it.

Following these simple rules, you can make a claim that will help resolve the conflict without involving the judiciary.

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Claim Samples

How is the claim process carried out?

The claim procedure describes the pre-trial settlement of a dispute in arbitration process, which includes all legislative norms and rules for negotiating and resolving issues that have arisen. There is a wide list of conditions under which disputes that have arisen must be resolved and regulated exclusively in court (the example of a claim for all items will be the same).

A claim to a store or other institution can be drawn up on the following points:

At the end of the lease term;
During the expiration of the maintenance agreement (a notarized agreement drawn up without the participation of the court on a voluntary basis);
In case of violation of the conditions for fulfilling obligations regarding OSAGO insurance policies;
If violations of the terms of delivery of mail or ordered correspondence are noticed;
In case of disputes regarding the provision of transportation services (including rail, water, air transport);
If the conditions for the provision of communication services are violated;
Errors or gross default on the part of the tour operator;

You can send a claim letter to a banking institution, an insurance company, a store or a service salon (when selling low-quality products or providing services whose quality does not meet the stated standards). It is also important to file a claim against suppliers, buyers (in case of non-fulfillment of obligations assumed by the contract), tour operators, contractors.

What are the time limits for processing a claim?

According to the current legislation, the period for considering a claim is not strictly described in the norms of the law. A clear deadline is set only for relatively certain types of relations (replacement of goods, elimination of a defect, etc.). Differences can be in various categories of law (meaning the reasons for writing such a letter).

The deadline for responding to a claim is often set personally when drawing up the clauses of the contract for the provision of a service or the supply of a particular product. If this is not in the document, then there are several regulations by which you can navigate regarding the time period for considering applications.

For example, the response to a claim (terms) according to the law in the field of transportation should not exceed 1 calendar month. When compiling such a letter regarding violations of the conditions for the provision of communication services, a response can also be expected from 1 month.

For some types of contracts, the norm of the maximum period for resolving a dispute within 5 days is established. For example, the deadline for filing a claim for poor product quality is 14 days. It is at this time that the buyer has the right to return the goods of inadequate quality. Such a deadline for responding to a claim under the consumer protection law is described in the provisions of the consumer protection law.

Consequences for the defendant

For the defendant prerequisite is a response to a complaint letter. This must be done even if the described problem or dispute is immediately resolved. The claim, the sample of which establishes the rules for its preparation, must have a response in writing or electronically (for example, by e-mail). In the absence of a response, the claimant has the right to regard this as unwillingness to resolve the dispute on a voluntary basis. In case of violation of the deadlines for responding to a claim, the bearer has the right to apply to judicial or other state authorities.

In the response, it is necessary to describe that the claim was accepted (it is necessary to set the date of acceptance and describe the resolution of the dispute). The letter also agrees on the terms for solving the problem (for example, the period for the return of low-quality goods or the provision of services not rendered). Additionally, it is allowed to attach documentary evidence of violations of the described conditions to the claim letter itself or in response to it. The period for consideration of the letter must comply with the reasonable time limits described above.

What to do if the claim is not satisfied

By submitting a claim, the applicant wishes to resolve the conflict in his favor. He is confident that his demands will be met. But it happens that the document is not satisfied. What to do in this case?

If your claim is not approved, start preparing for the next step. Collect documents and write a statement of claim to the court. But note that you can only involve the judiciary if you are sure that you are right, and if you have enough evidence of a violation of the right.

If the enterprise does not respond to the claim, its actions are regarded as unwillingness to resolve the conflict peacefully. At the same time, it can be considered that your claim is not satisfied, so you should write a statement to the court.

Remember! The statement of claim is drawn up taking into account the pre-trial procedure for resolving the conflict. It describes the facts of the claim and that the document was not reviewed or granted.

Complaint to Rospotrebnadzor

Where can I write a complaint? Of course, in Rospotrebnadzor. This action is most effective after teaching the refusal of the seller. But what is the right way to write a complaint? The complaint form is approximately the same as the claim structure and is written quite simply. An experienced lawyer can tell you how to write a complaint correctly.

You can complain to this body without making a claim to the seller. A complaint can be filed electronically using a special form on the authority's website. This form is just as legal as sending it through the mail. In addition, if you contact him through the site, the answer comes much faster.

Complaint to the judiciary

If your claim is not satisfied, feel free to file a claim in court.

The document must contain the following information:

the name of the judicial authority;
Name of the plaintiff, his place of residence, address of registration, as well as a contact telephone number for communication;
Full name of the defendant or the name of the enterprise, as well as the location of the company (person), place of permanent registration, contact telephone number, if any (if the claim is filed against an organization, the position and full name of the head should be indicated);
description of the problem with a chronological presentation of the violation of the right;
under what circumstances the violation of the right occurred;
the applicant's requirements, as well as their legal justification;
the cost of the claim, if the price is the place to be;
information about the procedure for pre-trial settlement of the dispute;
a list of documents attached to the statement of claim;
date of writing the claim, the signature of the applicant.

If the plaintiff does not have sufficient information about the defendant, he cannot file a lawsuit against him in court. This is due to the fact that it will be difficult for representatives of the judicial authority to establish the identity of the defendant. Consequently, there will be no one to call for consideration of the issue.

ATTENTION! View the completed sample of the claim to the court:

State fee for filing a lawsuit

When filing a statement of claim with the court, the applicant is obliged to pay a state fee. Its size directly depends on the type of claim. For example, non-property claims are considered by courts of general jurisdiction. In this case, the state duty is equal to three hundred rubles for individuals and six hundred rubles for organizations.

The amount of the state fee for filing a property claim is established on the basis of Article 333 of the Tax Code Russian Federation and directly depends on the price of the application.

The cost of a claim	The amount of the state fee
No more than 20,000 rubles	4% of the cost of the claim, but not less than 400 rubles
20 00 - 100 000 rubles	800 rubles + 3% of the amount exceeding 20,000 rubles
100,001 - 200,000 rubles	3,200 rubles + 2% of the amount exceeding 100,000 rubles
200,001 - 1,000,000 rubles	5,200 rubles + 1% of the amount exceeding 200,000 rubles
More than 1,000,000 rubles	13,200 rubles + 0.5% of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles

Attention! If an application for consumer protection is pending, the claimant is exempted from paying the state fee. The rule applies to claims whose value does not exceed one million rubles.

How to write a response to a claim

If you receive a complaint, you must respond to it. Otherwise, your inaction can be interpreted as unwillingness to resolve the issue peacefully. A written message will not be needed if all the requirements of the bearer according to the sent document are met: funds are transferred, property is transferred, deficiencies in service are corrected, and so on. But this is ideal.

In most cases, citizens do not agree with the claims or try to soften the conditions for fulfilling the requirements. In such a situation, when writing a response, you should indicate:

which requirements are fully recognized, and which partially;
when they will be completed in what period of time;
legal justification of its position with reference to normative acts or an agreement with copies of those documents that the other party may not have;
the desired deferred payment with a schedule for the transfer of funds.

The legislation of the Russian Federation does not determine the procedure for further actions after receiving a response to a claim. If the proposed option does not suit the injured person, he can continue the correspondence, seeking the most acceptable conditions, or he can immediately go to court to fully satisfy his requirements.

Additional questions

Copyright infringement - claim letter

Complaint letter for delays in delivery

In fact, a claim for violation of delivery dates refers to one of the varieties of claims for violation of the terms of the contract. Delivery time is one of the essential obligations specified in the contract. Therefore, its violation is a reason for applying in writing, preceding an application to the court. Such a letter may be sent from individual as well as from the organization.

This document is an example business correspondence, so it must contain the required details:

recipient data;
information about the sender;
title of the document - claim under the supply contract;
the essence of the claim - violation of the delivery time - with reference to the provisions of the contract;
signature of the CEO and / or head of the legal department, the seal of the organization;
attachments are a mandatory component of such a letter, they contain copies of all official papers that are indicated in the text of the claim (agreement, payment order, invoice, etc.).

In OOO "Diskus"

legal address:

109341, Moscow, st. Novomaryinskaya, 3

From IP Lukomorov E.F., legal address:

109456, Moscow, st. Baikal. 78, apt. 12

CLAIM

March 22, 2017 IP Lukomorov E.F. (Buyer) and LLC Diskus (Seller) entered into an agreement for the transfer of 10 sets of leather car covers with a total value of 45,000 rubles. with advance payment.

Under the terms of the contract (clause 3.2), the Buyer has timely made an advance payment in the amount of 50% of the cost (twenty-two thousand five hundred rubles). The term under the contract, when the Seller had to deliver the goods to the Buyer, is March 30, 2017.

On the part of the Seller, the terms of the contract were not fulfilled in relation to the timing of the transfer of goods for which an advance payment was made: as of April 5, 2017, the goods were not delivered.

According to Article 23.1 of the Law of the Russian Federation "On Protection of Consumer Rights", in a situation where the Seller, to whom the prepayment amount for the goods was paid in the amount determined by the agreement, did not fulfill the obligation to transfer the goods to the Buyer within the period also established in the agreement, the consumer has the right to demand perform one of the following two options:

receipt of the goods before the expiration of the new period set by the Buyer;
refund of the full amount of the advance payment for the goods received by the Seller, who did not transfer the goods on time.

Based on the foregoing and in accordance with Article 23.1 of the Law, I demand:

Deliver 10 sets of leather car covers within a week from the date of receipt of this claim.
According to clause 4.4 of the agreement, to pay a penalty for the violated terms of the transfer of goods with an advance payment made at the rate of 1% of the amount of the advance payment for each day of delay.

Please respond to this claim in writing within the time period specified by applicable law.

I warn you that if my legal requirements are ignored, I will be forced to contact statement of claim to the judicial authority.

Applications:

a copy of the contract for the supply of goods No. p5n 126478 dated March 22, 2017;
payment receipt for the amount of 22,500 rubles.

Letter of claim about non-fulfillment of the terms of the contract

If the partner has fulfilled its obligations under the contract improperly or has not fulfilled at all what it has guaranteed, the rights of the infringed party can be protected by the court. But before applying there, you must try to resolve the problem in the order of treatment. For some claims, writing a letter is a mandatory step before filing a claim.

A claim should be made based on the usual requirements for such documents.

"Header" - information about the addressee: physical or legal entity in breach of contractual obligations.
Submitter details.
Document's name.
Details of the contract, the terms of which are not met.
Enumeration of violated obligations.
Results resulting from non-performance.
Terms of correction of violations.
Additional information if needed.

IMPORTANT! It should be clear from the letter exactly what facts the claim relates to, what the addressee needs to do to correct the situation, and within what time frame.

to CEO

Clean Clothes LLC

Perekosov Petr Nikolaevich,

legal address: 440000, Penza,

st. Kirova, d.23

from Petrakovskaya Antonina Vitalievna,

residing at:

440000, Penza, st. Kirova, d.28

CLAIM

under service agreement No. P7n 174836

On June 29, 2017, A.V. Petrakovskaya (Customer) and Clean Clothes LLC (Contractor) signed an agreement No. P7n 174836 on the provision of dry cleaning of women's sheepskin coats.

According to clauses 4.2 and 4.3 of the aforementioned agreement, the Contractor undertook to dry-clean and sew buttons to the women's sheepskin coat by July 2, 2017, and the Customer, in accordance with clause 5.1, undertook to pay for these services upon the return of the item.

the dry cleaning service of the sheepskin coat was not provided;
buttons are not sewn to the sheepskin coat;
the item was not returned to the customer.

Based on Art. 450 of the Civil Code of the Russian Federation, at the request of one of the parties, the contract may be amended or terminated in case of a material breach of the contract by the other party. In connection with a material breach of the terms of the contract, the Customer suffered damage because he was unable to take the thing with him on the planned trip.

Based on the above, I demand:

Immediately eliminate the violation of the conditions by providing the service specified in the text of the contract.
Inform the Customer as soon as the violation is eliminated.
In accordance with clause 6.1 of the agreement, pay the Customer a penalty in the amount of 10% of the cost of work for each day of delay.

In case of ignoring the requirements of the Customer within 10 days from the date of filing the claim, he will be forced to terminate the contract and, in order to protect his rights and legitimate interests, file a claim with the court, where, in addition to the return of funds, he will require the recovery of court costs, expenses for paying the state fee .

Debt claim letter

There may be several reasons for writing a letter demanding to pay off the resulting debt:

violation of the terms of payment specified in the contract;
loan arrears.

Sending a claim letter is mandatory if it is planned to file a claim for the recovery of debt by force. Without an attempt at pre-trial settlement, to which this document testifies, the claim will not be satisfied, and possibly not even considered.

The structure of the claim letter is normal, and the content is drawn up in a free form with obligatory references to the violated clauses on the terms and amount of payment under the contract. The nuances vary depending on the type of contract:

purchase and sale;
rent;
work agreement;
shipping;
storage;
provision of services;
otherwise.

It is desirable to refer to the legislative acts that have been violated. It is obligatory to indicate the terms during which the counterparty agrees to accept funds in payment of the debt without a penalty (or with the specified penalty), without going to court for recovery.

Zalimansky Konstantin Petrovich,

residing at:

300971, Tula, st. Puzakova, d.71, kv.19

From ZhKH-service LLC,

legal address:

300971, Tula, st. Puzakova, 70

Claim letter

on payment of debt

ZhKH-service LLC informs you that you have a debt for payment of housing and communal services in the amount of 482 rubles. 78 kopecks, which was formed as of October 01, 2016. We notify you of the need to pay off the specified debt within a week from the date of receipt of this letter.

If the payment requirement is not met within the specified period, the water supply to your apartment will be limited, and subsequently terminated, reconnection will be paid, in accordance with Government Decree No. 354 of May 06, 2011, section 11. In case of non-payment, the issue of debt collection will be decided by the courts.

We remind you that in accordance with Article 155, paragraph 1, payment for housing and utilities is paid monthly until the 10th day of the month following the expired month. In case of late payment, penalties will be charged (Article 155, Clause 14 of the Housing Code of the Russian Federation). To pay off the debt and the reasons for its formation, we ask you to come to the housing and communal services at the address: 300971, Tula, st. Puzakova, d.70.

10/03/2016 General Director of ZhKH-service LLC / Terentiev / V.V. Terentiev

Letter of claim for a refund

A written request to return previously paid funds is appropriate when this problem could not be solved by direct contact. This can happen if one of the parties has not fully or incorrectly fulfilled its obligations under the contract. Most often, this situation is observed with dissatisfaction with the quality of the purchased goods. When the consumer wants to return it and get their money back.

Writing a claim letter is mandatory if a dissatisfied buyer plans to apply to the court for the protection of their rights. For this instance, it is obligatory to fix the fact that at first they tried to resolve the claim in a pre-trial order, but the procedure for consideration was violated or the request was not satisfied.

A letter of claim is drawn up in any form, but in compliance with the basic rules of office work. And since this document can be submitted to the court, you need to take into account some details that will make it legally relevant, and if not complied with, they can deprive it of such status. These include:

data of the addressee of the claim - a person, including a legal entity, who violated the rights of the submitter;
information about the applicant, including contact details;
essence of the claim;
personal signature of the submitter;
date of the paper.

When describing the actual situation that led to the request for a refund, it is worth adhering to such recommendations.

Date of conclusion of the contract (purchase of goods).
The main obligations of the parties under the contract.
Which of the following obligations have been violated?
Applicant's request for a refund.
Terms of fulfillment of the requirement.
Measures that the applicant intends to take if his request is not granted.

IMPORTANT! Write a letter of complaint in two copies. Try to get a mark of delivery on the second (in case of personal submission).

For an individual entrepreneur

Razbudsky Anton Mikhailovich,

legal address: 426046, Izhevsk,

st. Pervomaiskaya, 18

from Dobronravova Larisa Anatolyevna,

residing at:

426024, Izhevsk, Pobedy avenue, 12, apt. 85

CLAIM FOR A REFUND

Between me, L.A. Dobronravova (hereinafter referred to as the Buyer), and IP Razbudsky A.M. (hereinafter referred to as the Seller) On May 12, 2017, an agreement No. П9н125467 was concluded, under the terms of which the Seller had to transfer to the Buyer a chest of drawers with a changing table “Agafyushka” in a timely manner, and the Buyer undertook to pay the price of the goods.

The Buyer's obligations were fully fulfilled when ordering the goods on May 12, 2017. The Seller met the delivery time for the goods, but upon its transfer, it turned out that the chest of drawers did not correspond to the provided sample in terms of characteristics. The fronts of the chest of drawers are not made of painted, but of film MDF, the dimensions do not match the declared ones, the changing table is covered with another material. All this does not meet the requirements established by Art. 469 of the Civil Code of the Russian Federation and Art. 4 of the Law "On Protection of Consumer Rights" - when selling goods according to a sample or description, the seller is obliged to transfer goods that correspond to such a sample or description.

In accordance with Art. 18 of the Consumer Rights Protection Act, the Buyer has the right to return the goods that do not correspond to the sample and demand a refund of the amount paid for it.

Based on the foregoing, I demand, within ten days from the date of receipt of this claim, to return to the Buyer the money paid by him for the chest of drawers with the Agafyushka changing table, in accordance with the issued receipt. Otherwise, the Buyer will apply to the court with an application for the protection of consumer rights, payment of a penalty and compensation for non-pecuniary damage.

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.

Finally

The claim, like 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.

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Most contracts, especially long-acting(for the supply of goods and services, construction, etc.), often contain such a clause as pre-trial settlement of disputes through a letter of claim.

From the article you will learn how to properly prepare such a letter without missing important nuances.

A claim is made when one of the parties violates the terms of the contract

Claim letter- this is an appeal in writing to the party to the contract that violated the agreement, with the requirement to voluntarily eliminate the shortcomings or compensate for their consequences.

A business letter can be handwritten or printed. It should contain arguments, facts, justifications for certain violations with appropriate references to laws, regulations and clauses of a civil law contract.

The requirements set forth in the claim letter are most often ultimatum in nature.

Document Features

The claim can be addressed to both a private trader and a state or municipal department. It can be written by both an individual and a legal entity.

All signs of business correspondence are characteristic of a claim letter: dryness, lack of emotions, clarity and chronological order of presentation of facts, links to other documents.

A complaint letter differs from a complaint, appeal or statement in that it seems to challenge the violating party. The author of the letter makes it clear to the recipient that he has the last opportunity to settle the dispute voluntarily.

Even if the contract does not imply claims proceedings for pre-trial resolution of disputes, lawyers still advise filing a claim and trying to resolve the conflict voluntarily - this will avoid litigation, which is very time-consuming and financially expensive.

The claim contains the details of the recipient and the sender, a description of the violations and the requirements of the injured party

The standard form of a complaint letter contains the following items:

Header with recipient and sender data (address, contacts, full name or organization name).
Description of the situation: what happened, where and when, who was a witness and participant in the events. The presentation should be in chronological order.
List of violations with links to laws, by-laws and clauses of the current contract between the parties.
The requirements of the injured party, expressed in an ultimatum form and supported by quotes from the contract.
Signature and its transcript.
Date of.
Application (usually a claim letter is accompanied by additional information about violations identified: photo and video evidence, eyewitness accounts, expert opinions, etc.).

The nuances of compiling and sending a document

The claim letter is drawn up taking into account the following rules:

If the annexes to the claim take several pages, then it is better to number them (Annex 1, Annex 2, etc.). When composing a letter, it will be more convenient for you to refer to them, and for the recipient to understand your links.
Do not write information that is not relevant to the case. Extra facts and details can play a trick on you: cause confusion in subsequent proceedings. For convenience, you can download .
Write two copies of the claim. Give one document to the addressee, and on the second, an employee of the organization must put a visa on receipt.
If your claim is refused, send it by certified mail. When sending a letter, order an inventory of the attachment and a delivery notice - it will serve as proof of delivery of the claim to the recipient.
Don't accuse the recipient of something you can't prove. In no case do not use the words "fraud", "theft", etc. All this will discredit the letter and significantly reduce the likelihood of a solution to the problem in your favor.

Features of some typical letters

Each type of claim has its own nuances.

Depending on the type of the violated contract, the claim letter will have the following features:

Claim letter to the customer, contractor or supplier. Most often, it is drawn up due to violation of the terms of the contract, delivery of products or payment for goods or services. In addition to the points of the violated contract, it is supported by articles of the Civil Code of the Russian Federation.
Claim to the bank, insurance company. Since the agreements with these organizations are accession agreements (that is, the client does not participate in the development of the document, he either agrees with its clauses or not), then the illegal clause of the contract can subsequently be canceled or changed. Most often, a claim letter to the bank is written in order to return funds for imposed services. Insurers receive claims as a rule as a result of non-payment of money for insured events. These organizations are extremely reluctant to part with their finances, so it would be useful to threaten them in the text with an appeal to the Central Bank, the Financial Markets Service and Rospotrebnadzor.
Claim letter about inadequate quality of goods. Perhaps the most common form of claim. Here it makes sense to pay attention to when you can file a claim: either before the end of the warranty period, or within two years from the date of purchase.
Shipping company claim. There are difficulties with the justification of certain violations. Since the delivery of goods can be made various types transport (by plane, car, ship), then the text will have to refer not only to the clauses of the contract, the Civil Code of the Russian Federation, but also to the Maritime Code, the Air Code or the Charter of Railway Transport.
Claim for repayment of debt or payment of a penalty. The main thing here is to clearly state the financial requirements. If you want the counterparty to pay a penalty under the contract, then you must provide a calculation justifying the required amount.

For information on how to write a claim, see the video:

Claim letter(or otherwise a complaint letter) is a type of business correspondence that is used in cases where one party to a contractual relationship in writing expresses dissatisfaction with the quality of fulfillment of obligations to the other party or informs about their complete absence.

As a rule, a written claim is preceded by verbal negotiations (personal or by telephone), which did not have the expected effect.

Regardless of whether preliminary negotiations have been held or not, a written claim is the most the right way solving problem situations. This is due to the fact that it immediately, from the moment of its creation, acquires demonstrative legal force, and also in most cases, allows you to deal with the issue as soon as possible.

FILES

To whom to entrust the writing of the letter

Rules for writing a letter

The complaint letter must always include

information about the sender and addressee (if we are talking about legal entities, their full names must be indicated here, as well as, with regard to the addressee, the position and full name of the person for whom it is intended);
the reasons for writing it with references to the clauses of the contract, laws and other norms that were violated;
possible ways to solve the problem and sanctions (also in accordance with the legislation of the Russian Federation), which may occur for the addressee in case of inaction.

If the letter contains any amounts and terms, they must be entered both in numbers and in words.

There can be as many copies of a claim letter as required, there are no restrictions here, but they must all be duly certified.

The letter must be registered in the journal of outgoing documentation.

Sample letter of complaint

Filling out the header

Completing the body of the complaint letter

This section is followed by a descriptive part.

First you need to indicate the reason for making a claim, and if this is a violation of a clause of the contract, agreement or any other document, then you need to give a link to it, i.e. enter its date, number and essence.
If we are talking about money, then they must be indicated both in numbers and in words.
Then you should formulate the text of the claim itself (when there are several problems, they should be entered in separate paragraphs) and offer to fulfill your obligations within a specific timeframe (also in numbers and in words).
Finally, it is necessary to outline the actions that the sender is ready to take to more cardinal method problem solving (for example, going to court).
At the end, the letter must be signed, with a transcript of the signature and an indication of the position of the signatory.

How to send a letter

A complaint letter can be sent in several ways.

Email;
Fax;
post office.

The simplest and fastest options are via e-mail or fax. But the most reliable way is conservative sending via Russian post. It is interesting in that it makes it possible to send a message by registered mail with acknowledgment of receipt, which in turn will indicate that the addressee is guaranteed to receive it. The downside here is also quite obvious - with this method, you need to have a margin of time. Combining the two options will be the most effective: for example, sending copies of the letter via regular and e-mail.

What to do after writing a letter

A letter of claim requires a response, and various developments are possible: satisfaction of claims in full, in part, as well as a complete refusal to satisfy them. As a rule, the answer itself is also in writing, in the form of a separate letter or a resolution imposed by the head of the addressee company on the claim received.

In cases where there is no answer, you should wait at least 30 days, and then file a claim with the court or a complaint with the supervisory authority.

Letter of claim for a refund

When is compiled

Writing rules

data of the addressee of the claim - a person, including a legal entity, who violated the rights of the submitter;
information about the applicant, including contact details;
essence of the claim;
personal signature of the submitter;
date of the paper.

How to formulate a claim

When describing the actual situation that led to the request for a refund, it is worth adhering to such recommendations.

Date of conclusion of the contract (purchase of goods).
The main obligations of the parties under the contract.
Which of the following obligations have been violated?
Applicant's request for a refund.
Terms of fulfillment of the requirement.
Measures that the applicant intends to take if his request is not granted.

IMPORTANT! Write a letter of complaint in two copies. Try to get a mark of delivery on the second (in case of personal submission).

For an individual entrepreneur
Razbudsky Anton Mikhailovich,
legal address: 426046, Izhevsk,
st. Pervomaiskaya, 18
from Dobronravova Larisa Anatolyevna,
residing at:
426024, Izhevsk, Pobedy avenue, 12, apt. 85

CLAIM FOR A REFUND

In accordance with Art. 18 of the Consumer Rights Protection Act, the Buyer has the right to return the goods that do not correspond to the sample and demand a refund of the amount paid for it.

May 13, 2017 / Dobronravova / L.A. Dobronravova

Letter of claim about non-fulfillment of the terms of the contract

When is this document required?

Complaint letter structure

A claim should be made based on the usual requirements for such documents.

"Hat" - information about the addressee: an individual or legal entity that has violated contractual obligations.
Submitter details.
Document's name.
Details of the contract, the terms of which are not met.
Enumeration of violated obligations.
Results resulting from non-performance.
Terms of correction of violations.
Additional information if needed.

IMPORTANT! It should be clear from the letter exactly what facts the claim relates to, what the addressee needs to do to correct the situation, and within what time frame.

to CEO
Clean Clothes LLC
Perekosov Petr Nikolaevich,
legal address: 440000, Penza,
st. Kirova, d.23
from Petrakovskaya Antonina Vitalievna,
residing at:
440000, Penza, st. Kirova, d.28

On June 29, 2017, A.V. Petrakovskaya (Customer) and Clean Clothes LLC (Contractor) signed an agreement No. P7n 174836 on the provision of dry cleaning of women's sheepskin coats.

the dry cleaning service of the sheepskin coat was not provided;
buttons are not sewn to the sheepskin coat;
the item was not returned to the customer.

Based on the above, I demand:

Immediately eliminate the violation of the conditions by providing the service specified in the text of the contract.
Inform the Customer as soon as the violation is eliminated.
In accordance with clause 6.1 of the agreement, pay the Customer a penalty in the amount of 10% of the cost of work for each day of delay.

Debt claim letter

When is this letter written?

There may be several reasons for writing a letter demanding to pay off the resulting debt:

violation of the terms of payment specified in the contract;
loan arrears.

Compilation features

purchase and sale;
rent;
work agreement;
shipping;
storage;
provision of services;
otherwise.

Zalimansky Konstantin Petrovich,
residing at:
300971, Tula, st. Puzakova, d.71, kv.19
From ZhKH-service LLC,
legal address:
300971, Tula, st. Puzakova, 70

Claim letter
on payment of debt

10/03/2016 General Director of ZhKH-service LLC / Terentiev / V.V. Terentiev

Complaint letter for faulty goods

In what cases is

A letter of claim about the inadequate quality of the goods can be sent to the following addressees:

to the supplier in case of delivery of goods, the quality of which does not comply with the contract;
an organization that sold goods of inadequate quality to the end consumer.

Most of these documents are sent just in accordance with consumer protection.

What is the result of a claim letter?

In such documents, it is always customary to indicate what the sender of the letter expects in relation to the addressee. If we are talking about the inadequate quality of the purchased goods, then, depending on the specific situation, the submitter of the letter has a choice that must be stated in the document:

replace a low-quality product with another similar, but of good quality;
replace the damaged goods with the same, but of a different brand or article (by agreement, with or without a surcharge);
reduce the price paid for the goods in proportion to the defects;
free of charge to correct defects incompatible with the quality of the goods;
pay for the elimination of defects in the goods, performed by the consumer or a third party;
return all the money that was paid for the goods by returning it to the seller (the return costs are borne by the seller).

IMPORTANT! It is necessary to observe the deadlines for submitting a claim letter - there are certain time frames to satisfy the requirements.

Additional nuances

In addition to the voiced requirement, which is allowed by the Consumer Protection Law, and the usual details. Mandatory for business correspondence, a letter of claim about a defective product must contain supporting information. They can be in the form of attachments to documents indicating the fact of payment for the goods and non-compliance with quality. They may be:

copies of checks, receipts;
technical passport for durable goods (copy);
a copy of the warranty card for repairs;
act on the examination of technically complex goods, etc.

Head of Mirandolina LLC
Sventkovsky P.R.,
legal address: 410 620, Saratov, st. Chekhov, 91
from Nastoychenko L.Yu., residing at the address:
410 021, Saratov, st. Plyatkina, 26, apt. 60,
Tel. 427-06-18

CLAIM

09/08/2017 I bought a Smartphone from your company samsung galaxy J5 Prime SM-G570F in black, worth 12,990 rubles (according to cash receipt). According to the attached warranty card, the smartphone is covered by a 12-month warranty.

According to Art. 4 of the Law of the Russian Federation "On Protection of Consumer Rights", the goods transferred to the buyer by the seller must be of proper quality, and by virtue of Art. 10 of the above Law, the seller is obliged to provide the buyer with complete and reliable information about the goods in a timely manner, which will provide an opportunity to make right choice. In accordance with Art. 8 of the Law of the Russian Federation "On Protection of Consumer Rights" information is provided in Russian. In violation of the above rules, all information about the smartphone was exclusively on foreign language that, by virtue of the direct indication of paragraph 22 of the Decree of the Plenum of the Supreme Court of the Russian Federation of September 29, 1994 No. 7 “On the practice of consideration by courts of cases on consumer protection” (as amended on May 11, 2007) can be considered as a lack of necessary information.

Four days later, the phone failed: after trying to connect to the mobile Internet, a failure occurs, the phone does not make calls, you have to reboot it.

Based on Art. 18 of the Law of the Russian Federation “On Protection of Consumer Rights”, clause 27 of the Rules for the Sale of Certain Types of Goods, a buyer who has bought goods of inadequate quality has the right to file a claim and ask for a refund of the money paid for it, as well as compensate for all losses caused by the sale of goods of inadequate quality . The consumer has the right to present the same requirements in the event that he was not provided with necessary information about the product (Article 12 of the Law of the Russian Federation "On Protection of Consumer Rights").

In accordance with Art. 22 of the Law, the requirement to return the money paid for the goods, as well as to compensate for the damages caused, must be no later than 10 days from the date of receipt of the letter of claim. For untimely satisfaction of this requirement, Art. 23 of the Law provides for a penalty in the amount of 1% of the value of the goods for each day of delay.

By not providing me with the information about the product required by law, by selling a low-quality product, you violated my consumer rights, in connection with which I had to seek legal assistance and pay for the service of compiling this letter of claim in the amount of 500 rubles (the supporting document is a receipt from LLC Lawyer » dated 11/17/2017)

Taking into account the above circumstances, guided by Article.Article. 4, 8, 10, 12, 18, 22 of the Law of the Russian Federation "On the Protection of Consumer Rights", I refuse to fulfill my obligations under the sales contract and demand:

Not later than in 10 days, return to me the money paid for the goods of inadequate quality - Smartphone Samsung Galaxy J5 Prime SM-G570F in the amount of 12,990 rubles.
Compensate me for the costs (losses) caused by applying for legal assistance in the amount of 500 rubles.

If my legal claim is ignored, I have the right to file a claim with the court, where I will demand compensation not only for material costs, but also for moral damage, as well as for the recovery of a penalty for the delay in satisfying the consumer’s legal claim.

11/18/2017 /Nastoychenko/ L.Yu. Nastoychenko

Complaint letter for delays in delivery

Features of this type of claim letter

In fact, a claim for violation of delivery dates refers to one of the varieties of claims for violation of the terms of the contract. Delivery time is one of the essential obligations specified in the contract. Therefore, its violation is a reason for applying in writing, preceding an application to the court. Such a letter can be sent both from an individual and from an organization.

What must be included in the letter

This document is an example of business correspondence, so it must contain the required details:

recipient data;
information about the sender;
title of the document - claim under the supply contract;
the essence of the claim - violation of the delivery time - with reference to the provisions of the contract;
signature of the CEO and / or head of the legal department, the seal of the organization;
attachments are a mandatory component of such a letter, they contain copies of all official papers that are indicated in the text of the claim (agreement, payment order, invoice, etc.).

In OOO "Diskus"
legal address:
109341, Moscow, st. Novomaryinskaya, 3
From IP Lukomorov E.F., legal address:
109456, Moscow, st. Baikal. 78, apt. 12

CLAIM

March 22, 2017 IP Lukomorov E.F. (Buyer) and LLC Diskus (Seller) entered into an agreement for the transfer of 10 sets of leather car covers with a total value of 45,000 rubles. with advance payment.

receipt of the goods before the expiration of the new period set by the Buyer;
refund of the full amount of the advance payment for the goods received by the Seller, who did not transfer the goods on time.

Based on the foregoing and in accordance with Article 23.1 of the Law, I demand:

Deliver 10 sets of leather car covers within a week from the date of receipt of this claim.
According to clause 4.4 of the agreement, to pay a penalty for the violated terms of the transfer of goods with an advance payment made at the rate of 1% of the amount of the advance payment for each day of delay.

Please respond to this claim in writing within the time period specified by applicable law.

I warn you that if my legal requirements are ignored, I will be forced to file a claim with the court.

Claim form. Letter of claim (complaint). Writing tips. Features of some typical letters

What to write in a claim?

Sample claim for debt collection

Sample response to a claim for debt collection

What types of charges exist?

What is accounts receivable?

What is an outstanding debt?

Claim types

Pre-trial claim is your will or duty

What does "prejudicial" mean?

Why do you need a pre-trial claim

Claim as evidence in a civil case

To whom to entrust the writing of the letter

Document Features

Rules for writing a letter

How to write a claim letter

Filling out the header

Completing the body of the complaint letter

Important nuances when compiling

Claim Samples

How is the claim process carried out?

What are the time limits for processing a claim?

Consequences for the defendant

What to do if the claim is not satisfied

Complaint to Rospotrebnadzor

Complaint to the judiciary

State fee for filing a lawsuit

How to write a response to a claim

Additional questions

Copyright infringement - claim letter

Complaint letter for delays in delivery

Letter of claim about non-fulfillment of the terms of the contract

Debt claim letter

Letter of claim for a refund

Insurance company claim

Finally

Document Features

The nuances of compiling and sending a document

Features of some typical letters

To whom to entrust the writing of the letter

Rules for writing a letter

Sample letter of complaint

Filling out the header

Completing the body of the complaint letter

How to send a letter

What to do after writing a letter

Letter of claim for a refund

Letter of claim about non-fulfillment of the terms of the contract

Debt claim letter

Complaint letter for faulty goods

Complaint letter for delays in delivery

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