It comes from the Latin language (or rather, Late Latin) and initially looks like this - “praetensio”. More precisely - from the verb "tendere".

So the prefix “at” cannot be there. You'll just have to remember, or get into learning Latin))

That's right - "claim". Incorrect - "pretension". It remains to be seen why.

Finding out whether the beginning of this noun (“pre-”) is a prefix or not is meaningless. This will do absolutely nothing for your writing. After all, in the Russian language there is both a prefix “pri-” and a prefix “pre-”. So which one should I write? If this is not a prefix, then the root can also begin with “pri-” and “pre-”.

Therefore, I would recommend putting aside all thoughts about prefixes and roots. And even knowing that the first syllable of the root in “claim” goes back to “prae-” (before) will not help either. Because those who know about “prae-” will not make a mistake, and those who do not know will not remember this foreign combination.

The word "claim" requires rote memorization. Let’s write a little reminder at the end, maybe it will help someone:

“The claimant made a claim” (all three words begin with “pre-”).

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In writing Russian words with prefixes and prefixes, words that do not have these prefixes are also studied. They are usually borrowed from other languages. In this list of words recommended for memorizing their spelling, 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 spelling of the letter e in the first syllable. This is a dictionary word.

Correctly speak and write complaints. The emphasis does not fall on this letter, so often instead of e one hears i.

Unfortunately, this is one of the words whose spelling cannot be checked by rules and it is impossible to come up with a single root word with an emphasis on the first syllable, since it is of foreign origin (from Latin). Therefore, you just need to remember it.

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A claim to possess something; a right to something. Also, a complaint about someone, about something. Feel offended.

Claim - you just need to remember what is spelled with an "E".

Ozhegov's dictionary has a more detailed description :)

The spelling rule for the prefixes PRE and PRI cannot be applied here, because PRE goes to the root of the word.

Writing of this word must be checked against spelling dictionary, open it and find this word:

As you can see, it is correct to write a word with the letter E. There are no cognate words with an emphasis on this unstressed vowel in modern Russian.

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The word CLAIM came into Russian from the French pretention, in turn, from the Latin praetendere - to claim. Polish Pretenzja. The stress falls on the second syllable, and the stressed vowel is pronounced firmly.

This word is a dictionary word; we remember its spelling.

The correct spelling of this word is CLAIM and nothing else.

This word is of Latin origin; it is not possible to find a cognate or test word for it.

Let's just remember that it's spelled with an "E."

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Correctly, the root of this word will have the letter y, that is, a claim is written. For those who have a photographic memory, here is a picture for clarity.

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

The only correct spelling will be “claim”.

This word has no test words, so it should be learned.

The word “claims” in its composition does not have a prefix and the entire part - claims will be the root.

Free legal advice:

The word is Latin and therefore written the way it is formed, so you just need to remember the first vowel -e.

How to write a complaint correctly? Sample claim

Most people don't know how to write a complaint correctly. Moreover, they are embarrassed and ashamed to do so, suppressing their anger in response to misconduct, ugly attitude from staff and/or poor quality goods. But this is the absolute right of any consumer, why not take advantage of it? In this article we will look at how to correctly write a claim. Let's not ignore her sample either.

Claim form

There is one thing that needs to be firmly understood. Similar issues are resolved in in writing. That’s why we ask how to write a complaint correctly, and not how to simply present your complaint. Written complaint- a legal document, which is why it must be drawn up in accordance with all the rules.

Basic Rules

In addition to the above, there are basic requirements that any example of a claim must meet:

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• the document must have two copies (copies);
• be sure to indicate in the upper right corner the following: against whom the claim is made (full name of the organization) and from whom (full name and indication of place of residence);
• an indication on the basis of which law the document was drawn up (with specific references to articles of the Civil Code);
• the claims must be described in detail;
• an indication of what compensation the consumer expects from the organization (note: this should also be based on the articles of the Civil Code of the Russian Federation);
• an indication of the validity period of the claim (usually ten days) and a note that if no action is taken or at least a written response is not received, an appeal to law enforcement agencies will follow;
• The date and signature are also required.

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

Defective goods

The first example we will consider is a claim for a defective product. Defects can vary and will vary depending on the response from the organization selling the product. But how to write a claim for a product?

We require legally

The consumer has the right to demand:

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

Deadlines

Within what time and how to write a claim? We'll look at a sample below; we only note that such a document can be presented during the warranty/expiration period. If the warranty period is not established - for two years. Time is counted from the date of purchase or from the day the season begins for seasonal goods (for example, shoes, gloves, etc.).

Sample

Address: Belgorod,

from Ishchenko Marina Ivanovna,

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living at the address:

411075, Belgorod,

st. Pozharnikov, 67, apt. 23,

On November 17, 2015, I purchased Nike men’s winter boots, black, r. 45, worth rubles. The warranty period for these shoes was 50 days.

On 12/08/2015, a defect was discovered on the boots - thinning of the leather at the point of attachment to the sole. Because of this, the shoes became unwearable.

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In accordance with Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992 No. I ask you to replace the product with a similar or similar one or refund its full cost. I require a response within 10 days.

If you have any doubts about a defect, I ask that the goods be examined at the seller’s expense (the period is 20 days from the date of filing the claim in accordance with Article 21 of the Law of the Russian Federation “On the Protection of Consumer Rights”). In this case, please notify me of the examination in writing.

If my demands are not satisfied within the stated time frame, I reserve the right, at my own discretion, to put forward other claims in accordance with Article 18 of the Consumer Rights Law and go to court.

I am attaching a copy of the cash receipt to the claim.

Free legal advice:

Ishchenko M.I. ___________________________ signature.

This example clearly illustrates how to write a return/exchange/refund claim poor quality goods. Well, we move on to the next point.

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 remain idle. But how to correctly write a claim to an insurance company? This is a question that has an answer.

Basic moments

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

Example

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

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From: Mishchenko Alexander Ivanovich,

st. Heroes of Labor, 7, building 18,

02/15/2015 at 15:04 at the intersection of Rosa Luxemburg Andreychuk Sergey Vladimirovich, while driving (indication of the make and sign of the car), hit my car (make and sign), causing material damage to my property.

On February 17, 2015, I contacted the insurance company (name) with a corresponding application. Upon recognition of the case as insured, the amount of compensation awarded was (.).

The payment did not cover the restoration of the car, therefore the independent evaluating company conducted an examination to assess the real cost of this operation. She composed (.). From which it follows that at the present moment OJSC (.) has not paid the amount of insurance compensation required by law.

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Based on the above, I demand payment in the amount of (.) within five days from the receipt of this claim. Compensation includes appropriate insurance payment and costs of conducting an independent examination.

Please transfer the required amount to my account using the following details: (.).

If my claims based on current legislation are not satisfied Russian Federation, I will be forced to go to court.

I also enclose the conclusion of an independent examination.

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

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Finally

A claim, just like any other official document, should be compiled 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 fully with your knowledge of legal aspects! And remember that filing a claim and demanding an answer to it is your right. Well, how to write a claim for a product or to an insurance company is no longer a question.

How to properly file a claim - basic rules and samples

Violations in the sphere of selling goods, carrying out work and providing services occur all the time. Either the purchased product turned out to be of poor quality, or the service was not received on time, or the supplier did not provide the promised products. In order to effectively protect yourself from abuse by unscrupulous sellers and employees of companies providing various types of services, you need to learn how to correctly use the tools provided by the legislator.

We will talk about the pre-trial claims procedure for resolving disputes, we will tell you what claims are, what types they are, how to correctly draw up a document and respond to refusal to satisfy claims.

What is a claim and when can it be filed?

A claim is a written requirement to the company (person) that sold the goods, carried out the work or provided services to eliminate the violation committed against the applicant. This is an official document that is submitted as a pre-trial settlement of a dispute to restore the rights of the injured person. Simply put, a claim is a complaint sent by someone who received a defective product or service or did not receive it on time to the person who is guilty of this violation. Claim settlement procedure conflict situation allows you to avoid litigation and thereby save money and time. Any person who believes that the service provided to him is not of proper quality or a low-quality product is sold, may make a claim regarding this and demand restoration of the violated rights. This benefits both the victim and the perpetrator. The first, faster than through the court, receives the goods he needs, a service of proper quality, or compensation for them, and his counterparty avoids the costs of legal fees, payment of compensation for moral damage and other financial losses.

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When a claim is not satisfied voluntarily, you can go to court. In some cases, disputes are not considered in court unless a claim has been filed first. The law provides for mandatory pre-trial settlement, without it statement of claim will not be accepted for consideration. This happens, in particular, in cases of violation of consumer rights or in cases where a mandatory claim procedure is enshrined in an agreement between the parties.

For claims in case of receipt poor quality service or goods, requirements for presentation time are established:

• During the established warranty period or after its expiration for a 2-year period after the provision of service or receipt of goods.
• If the warranty period is not established, then no later than two years after the sale of the product or service.

Important: if the seller of goods or service provider is an organization, the claim should be addressed not to a specific person who sold low-quality goods in a store, to an unscrupulous waiter, cashier, courier or loader, but to the head of the company. When the violator is a private entrepreneur, the claim is filed in his name.

Types of claims

Claims can be classified according to a wide variety of criteria. Below are some of them.

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• About the return of goods and receipt of money paid for it.
• On eliminating product defects.
• About replacing goods.
• Correcting errors made during the provision of services.
• On termination of the work contract, etc.

By type of agreement:

An act of complaint (or simply a complaint) is considered as a special type of claim. This is a letter written by a business partner who is dissatisfied with the cooperation to the counterparty, that is, the other party to the contract. It contains requirements that must comply not only with the law, but also with the terms of the agreement.

How to write a complaint?

Find a template or form in the legislation letter of claim it won't work. There are no strict requirements for an application requesting the provision of a product or service of adequate quality in any regulatory legal act. It can be served in any form. However, in order to correctly draw up a claim that will truly allow you to restore violated rights, you must adhere to certain rules. Otherwise, the lawyers of the offending company will definitely take the opportunity to refuse to satisfy the requirements.

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

Advice: you can find out the legal address of a company or individual entrepreneur to send a letter of claim from the tax authorities by requesting an extract from the state register: Unified State Register of Entrepreneurs - to obtain the address of the entrepreneur, Unified State Register of Legal Entities - to obtain the organization’s data.

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Hat - to whom it is addressed

As with any other document that has the form of an application, when filing a claim, you are supposed to fill out the so-called “header” located in the upper right part of the sheet. Here you should indicate who the claim is being made to. If this is an individual entrepreneur, his last name, first name and patronymic are written in the header. In the case of a legal entity, its name must be mentioned. The full name of the director or other manager may not be indicated. You should be careful when filling out this item, as specifying the wrong addressee may prevent your requirements from being met. The complaint must indicate the name of the company, and not the specific store where the product was purchased, or the service center that provided the service. In a cash receipt, sales receipt or other document that confirms the fact of payment, you can find the details of the legal entity or entrepreneur responsible for the low-quality product or service.

The header of the application also provides information about its author. In addition to your last name, first name and patronymic, you should provide contact information so that, if necessary, you can contact the person who filed the claim and agree on the conditions for satisfying the requirements.

Heading

After filling out the header, the name of the document is written in the center of the line: “Claim”. The document may have another name, for example: “Application”, “Complaint”, “Appeal”, “Demand” or “Letter”. This doesn't change the essence. Regardless of the title, if the document seeks to correct an infringement, it is considered a claim.

Description of the problem

It is necessary to state the essence of the matter and substantiate your claims. The circumstances under which a service of inadequate quality was provided or a substandard product was sold are described, indicating the dates and reasons for the applicant’s dissatisfaction.

Requirements

It is necessary to clearly formulate how the applicant sees the conflict resolved. It is advisable to refer to regulations and agreements concluded between the parties. You can describe your requirements with phrases such as “I ask you to replace the product with a similar one of proper quality”, “I ask you to terminate the contract”, “I ask you to return the funds that were paid for the service” and the like.

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Deadline for response

There are no uniform requirements for the time frame for consideration of a claim in the law. They can be established in contracts for the performance of work or the provision of services. In addition, for individual species deadlines for consideration of claims are specified in regulations. For example, a calendar month is given to prepare a response to a claim regarding violations in the provision of communication services or transportation. In some cases, claims must be satisfied within two weeks or five days.

Important: when indicating a deadline for a response in a complaint, you must refer to the legal act or agreement that provides for it.

Consequences of dissatisfaction

The applicant warns how he will act if his pre-trial claim is ignored or refused to satisfy the demands. The consequences include going to court for protection and compensation, including moral damage.

Applications

The application should be accompanied by all documents with which the consumer can confirm the validity of his claims, for example, sales receipt, a certificate from the warranty workshop or a warranty card. In this case, it is better to keep the originals and send copies to the offender. The text of the claim should indicate which documents are attached to it

Date, full name, signature

The complaint cannot be anonymous. Without the signature and indication of the applicant's last name, first name and patronymic, it has no force and will not be considered. Another required details claims - date. Its absence may create problems when subsequently going to court.

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Sample claim letter

As a kind of guide for writing a complaint, we have prepared a selection of samples for the most common violations. We suggest choosing the one from the examples we have collected that is most suitable for your situation.

Claim for poor quality services

Complaint to the management company

Claim to the insurance company

Application for a refund for goods

Application for return of goods from the buyer

Complaint to supplier about low-quality goods

Claim for refund for phone

Claim to Russian Post

Complaint to the store

Claim to Sberbank

What to do if your claim is not satisfied?

Upon receipt of a complaint, the addressee is required to make a decision on how it will be processed. If, for example, it is decided to carry out a quality check, the claim originator should be notified when and where it will take place. If the seller accuses the buyer of defects in the goods, an examination must be carried out. The person who submitted the document has the right to be present at all mentioned events.

If the claim is rejected or ignored without responding within the prescribed period or within a reasonable period (about a month), all that remains is to seek protection from government bodies authorized to exercise control in the relevant area - Rospotrebnadzor, the prosecutor's office or the court. At the same time, in the statement of claim, the requirements that were set out in the claim should be supplemented with the collection of additional costs and compensation, including moral damages, lost profits and penalties.

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So, a claim is a way of pre-trial conflict resolution. Despite the fact that the legislator does not set clear requirements for the form and content of this document, a certain practice of claim settlement of disputes has emerged. To increase the chances of a positive resolution of the issue, as well as to have reliable evidence in case of subsequent recourse to court, you should consider how general rules, as well as some nuances of drawing up claims in different situations.

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The answer to your question may be here

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When purchasing a product or receiving any service, every consumer expects their high quality. It is assumed that the staff has the necessary qualifications and experience, and only tested and serviceable items are sold.

But often we have to face the opposite. The service can be provided by a person who does not understand this or that field at all, but is familiar with the work only from materials from the Internet. As for goods in the store, you can hear from the seller in response to a complaint about the quality of the product: “If you don’t like it, don’t buy it.” What to do in this case? The answer is simple - write a claim. As often happens, after seeing an official document, managers become more polite and friendly and are more happy to help solve a problem.

Claim: what is it and when can I submit it?

In case of purchasing a low-quality product, the consumer can be sure that the law is on his side. Moreover, such purchases are not only possible, but must be returned, regardless of their cost and the duration of consideration of the claim.

A claim is an official document reflecting the consumer’s demand to exchange a low-quality product (service) or return the money spent on him (her).

Often, after discovering a defect and contacting the seller about this, the consumer receives a refusal for reasons such as the absence of a receipt or the integrity of the packaging. You need to know that this is not a basis for refusal, and by law the seller is obliged to accept the goods, even if there is no packaging or receipt.

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

What is needed to draw up a document?

First of all, you need to know the correct details of the seller: the exact name, address and surname and initials of the person in whose name you are going to write a claim. Most often, this person is the head of the organization.

How to write a claim - by hand or type it on a computer - does not matter. The main thing is that reliable data is provided and there are two copies of the document. One must be given to the representative of the company that provided the low-quality product, and the second (certified by the seller) remains with the consumer until the problem is resolved.

If the buyer is not completely sure that he is right, then he can first turn to the laws and regulations, consumer protection department or lawyer. This will all help you make sure you are right, enlist support and understand how to act in the current situation, what to rely on and what to expect from the selling company.

About requirements and expectations

Writing a claim for a defective product is not as difficult as it seems, but what could be the result?

• Replacement of the product with a similar one. If it is proven that the item sold is of low quality, the seller, at the request of the injured buyer, can replace it with the same one, only in good condition.
• Refund of the amount spent. You can request a refund for what you spent on a defective product. Money. This happens when the buyer has no desire to continue to cooperate with the seller and does not believe in the possibility of obtaining a quality product (replacement) in this particular place.

It is also worth noting that you can write a claim with the addition of a clause about compensation for the difference between the cost of the product on the day of purchase and its price on the day the proceedings on the issue in question are completed.

How to write a complaint correctly: sample

Often the text of the claim looks like this.

To the director of the Sputnik store

Vladivostok, st. Svetlanskaya, 3

from Semenov A. A.,

residing at:

Vladivostok, Okeansky prospect, 31, apt. 5

Claim for termination of the sales contract and replacement of goods of inadequate quality with a similar one.

March 16, 2015 in the Sputnik store, located at: Vladivostok, st. Svetlanskaya, 3, I bought 4 light bulbs for LED lamps for the amount of **** rubles.

Upon purchase, the seller refused inspection. The reason was stated to be the lack of special equipment.

On March 31, 2015, I invited an electrician to install the mentioned light bulbs. After opening the packages and carrying out the necessary manipulations, the specialist discovered that none of the purchased light bulbs worked.

On April 2, 2015, I contacted the store with a request to replace a low-quality product. This was denied to me. The refusal was motivated by the fact that I myself damaged the light bulbs by using them in violation of technology.

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

1. Replace my low-quality product with a similar one of appropriate quality. If this type of light bulb is not available for sale, I ask you to return my money in the amount of **** rubles.
2. Refund the difference in the cost of the paws I purchased on the day I purchased the product and satisfied my requirements. If such a model is not on sale, then at the price of a similar product.

If the demands are refused, I will be forced to go to court to protect my rights and legitimate interests.

ABOUT the decision taken Please notify me at the phone number specified in this requirement within the prescribed period.

When you need money, not goods

How to write a return request? Very simple. You just need to remove the phrase about exchanging the product for a similar one. If you need the money spent and have no desire to cooperate with this seller anymore, then write about your desire to receive the money spent.

Actions of the selling company

If you have decided to write a claim for a refund or replacement of a product, then the next step after filing it is to contact the store (service provider).

While on site, you need to go up to the seller and give him one copy of the claim. It is best to attach copies of receipts, the purchase and sale agreement and everything that is related to the problematic transaction.

In this case, it is necessary to ask and ensure that the company representative puts the date, signature with its transcript and the organization’s seal on both copies. This shows that he is familiar with the client's requirements.

For the buyer, the second copy of the claim with the original receipts and other documents will serve as proof of the purchase of the goods, repeated requests and the fact that the seller accepted the claim for defective goods for consideration. All this may be necessary if the problem is resolved through court.

What will happen to the goods?

The seller has the right to submit the goods for examination. This will allow him to verify the inadequate quality and fairness of the claims.

Also expert review allows you to find out whether it was a factory defect or whether the item became unusable due to improper use after purchase.

If you doubt the impartiality of the examination, you can always contact independent centers for a re-examination and other necessary procedures.

An expert's opinion can also help when filing a claim in court.

Seller's refusal: what to do next and how?

Writing a complaint correctly is not a solution to the problem. Often, organizations that sold you a low-quality product or service do not want to admit it to everyone. possible ways seek to evade responsibility.

In such cases, you must remember the following:

1. There is no need to go where the seller's representative suggests. Often this can be something service center and other third parties. In this case, you should ask the seller to write down his details on the complaint and where they suggest you contact. If they give you such an inscription, then you can assume that the company is familiar with the contents of the claim. This is enough for the court.
2. Filling out on the company form. This is an unlawful demand. Try to present exactly your version. If you still have to fill out a standard store form, then feel free to describe all your requirements from scratch and cross out unnecessary items.
3. Delivery by mail. By registered mail with notification and description of the contents of the envelope. By the way, keep the receipt and payment receipt. You will be reimbursed for your expenses after the trial.

These methods will help you prove in court that you did everything possible to resolve your differences.

How to write a claim to an insurance company?

The work of insurance companies causes a lot of dissatisfaction among consumers. Often consideration of the issue of compensation for damage is delayed for long term, and to all questions and requests, companies give excuses and promises to fulfill their obligations. What to do in this case?

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

1. Use the insurance company's form.
2. Compose the document yourself.

In both cases it is necessary exact statement facts and references to legislation. They are the ones who will give more full information about what exactly the insurance company is violating or what kind of help the client expects from it.

Contents of the claim to insurance companies

Mandatory items will be:

• Contact details. Name, address of the organization and the same about the client.
• Description of the insured event. Detailed, with all dates and confirmations.
• Actions of the policyholder. About the previous application to the organization, with the date, case number and listing of documents previously provided in accordance with the agreement with the insurance company.
• Reason for filing a complaint. Often this is a failure to fulfill obligations.
• Target. Receiving the necessary compensation, paying penalties, etc.
• Actions of the insured in case of non-satisfaction of his requirements. At this point they usually write about a subsequent appeal to the court.
• Date and signature.

Lawyers or employees of the consumer rights protection department can answer the question of how to correctly write a claim.

When presenting the document to the company, you must follow the same steps as when returning a defective product to the seller. In any actions of company representatives, you must remember about the possibility of going to court and that your actions must be confirmed by the signatures of employees (with their transcripts and positions) and preferably with seals.

About deadlines

The consideration of the claim cannot take forever, as might be more convenient for the seller. There are certain time frames that he will have to meet.

The timing may vary, depending on the situation and the transaction itself. If an agreement was concluded when purchasing the goods, then it may stipulate the terms for consideration of claims from the buyer.

In the event that there are no specified deadlines, you should focus on the legislation. According to this, the response period is 10 days. It starts the next day after receiving a complaint from the consumer.

From the material presented above, it becomes clear that the main difficulty is not how to write a claim, but how to get it fulfilled by the seller.

Understanding the essence of what this document should contain, and knowing about mandatory points, you can solve any problem with a low-quality product or service. After all, describing the actions of unqualified personnel or the quality of a product is not so difficult.

The main thing to remember is that the law is on the side of the consumer. This applies to the return of goods of any quality (except for those that are not subject to exchange by law). And, perhaps, if consumers defend their rights more often in such situations, there will be fewer low-quality goods and they will not have to think about the question: “How to write a claim for a product?”

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

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

The following reasons may serve as the basis for a dispute:

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

Note! The service is always not free of charge, i.e. if they helped you do something for free (for example, they stuck a film on your smartphone), then if this action was performed poorly, you cannot make a claim, because the money was not paid, which means there was no service as such.

Very often, the contractor’s representative, after the work has been completed or even during it, asks to sign documents confirming the appropriate level of service and timely deadlines, which confuses. The main thing here is not to get lost and politely refuse in order to extend the order acceptance period and demand the appropriate level of service. If you sign, it will be difficult to prove any violations even in court.

It is important to understand what to prove poor quality services are more complex than a defect or defect in a product, because it does not have material evaluation parameters. Therefore, you need to prove your case correctly.

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

1. The design of the document begins with the “header”. It contains information about to whom the claim is directed, i.e. official and legal name of the supplier organization. Next, indicate the full name, postal address, telephone number of the person requiring a response;
2. Description of the situation itself. The main points that were violated when filling out the data are indicated:

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

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

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

• In case of violation of deadlines: determine another deadline for completing the service, reduce the cost of the service, redirect the order to another contractor and demand payment, demand a full refund;
• If the service is performed poorly: provide a commensurate discount, redo the work, eliminate or correct deficiencies free of charge, transfer the order to another contractor and demand payment for it, terminate the contract and take the money.

1. Possible further actions and sanctions in case of failure to comply with requirements (legal costs, penalties, penalties, etc.);
2. The document contains a list of attached documents (checks, guarantee cards, agreement, etc.);

The final part includes a signature and date of compilation.

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

Just like with a product, claims are reviewed within 10 days and a response is given. Compliance with the requirements themselves is limited by different deadlines depending on the service sector, while the supplier can satisfy the request immediately after receiving the claim.

Sample claim form

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

Manager (or other official)

(full legal

company name)

from (client's full name)

residing at: (postal address)

contact number(anyone you can contact)

claim (statement)

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

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

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

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

If the requirements are not met, I will be forced to turn to the courts to protect my rights. Then, in addition to the points listed above, I will demand compensation for moral damage in accordance with Article 15 of the Law “On the Protection of Consumer Rights”.

(Date of writing) (Signature and transcript)

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 out on 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 has violated the agreement, with a requirement to voluntarily eliminate the shortcomings or compensate for their consequences.

A business letter can be drawn up either by hand or in printed form. It must contain arguments, facts, justifications for certain violations with appropriate references to laws, regulations and clauses of a civil contract.

The requirements set out in the letter of claim are most often of an ultimatum nature.

Features of the document

The claim can be addressed either to a private owner or to a state or municipal agency. It can be written by either an individual or a legal entity.

A letter of claim has all the characteristics business correspondence: dryness, lack of emotion, clarity and chronological order statements of facts, links to other documents.

A letter of claim 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 resolve the dispute voluntarily.

Even if the agreement 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 costly in terms of time and finances.

The complaint contains data of the recipient and sender, a description of violations and the requirements of the injured party

The standard form of a letter of claim contains the following points:

1. Header with recipient and sender information (address, contacts, full name or organization name).
2. Description of the situation: what happened, where and when, who witnessed and participated in the events. The presentation should be in chronological order.
3. List of violations with links to laws, regulations and clauses of the current agreement between the parties.
4. The demands of the injured party, expressed in the form of an ultimatum and supported by quotations from the contract.
5. Signature and its decoding.
6. Date of.
7. An attachment (usually a letter of claim is accompanied by additional information about identified violations: photo and video evidence, eyewitness accounts, expert opinions, etc.).

Nuances of drawing up and sending a document

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

1. If the attachments to the claim take up several pages, then it is better to number them (Appendix 1, Appendix 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.
2. Do not write information that is not relevant to the case. Extra facts and details can play a cruel joke on you: cause confusion in subsequent proceedings. For convenience, you can download.
3. Write two copies of the claim. Give one document to the addressee, and on the second the organization employee must sign the visa receipt.
4. If they refuse to accept your claim, send it by registered mail by 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.
5. Don't accuse the recipient of something you can't prove. Do not use the words “fraud”, “theft”, etc. under any circumstances. All this will discredit the letter and significantly reduce the likelihood of the problem being resolved in your favor.

Features of some standard letters

Each type of claim has its own nuances

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

1. Letter of claim to a customer, contractor or supplier. Most often it is drawn up due to violation of deadlines for the execution of a contract, delivery of products or payment for goods or services. In addition to the clauses of the violated contract, it is supported by articles of the Civil Code of the Russian Federation.
2. Claim to a bank or insurance company. Since contracts with these organizations are contracts of adhesion (that is, the client does not participate in the development of the document; he either agrees with its clauses or not), the illegal clause of the contract can subsequently be canceled or changed. Most often, a letter of claim to a bank is written in order to return funds for imposed services. Insurers receive claims usually 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 Service for financial markets and Rospotrebnadzor.
3. Letter of claim about inadequate quality of goods. Perhaps the most common form of complaint. 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.
4. Claim transport company. There are difficulties in justifying 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 agreement, the Civil Code of the Russian Federation, but also to the Maritime Code, the Air Code or the Charter railway transport.
5. 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 agreement, then you must provide a calculation justifying the required amount.

To learn how to write a complaint correctly, watch the video:

Claim letter is an excellent tool for pre-trial resolution of disputes with a partner or other organization. We’ll tell you what a letter of claim is, how to write it correctly, and in what cases to use it.

Why is a letter of claim written?

As a rule, a letter of claim is sent to the counterparty if he has not fulfilled his immediate duties. This is usually expressed in the form of low-quality or unprovided services, non-delivery of goods or delivery of goods of inadequate quality, an increase in price contrary to the contract, etc.

The law provides for the following cases when a letter of claim must be drawn up:

• V specific situation the law stipulates the mandatory preparation of a letter of claim;
• the preparation of such a letter is specified in the agreement concluded by the parties.

The ultimate goal of a claim letter is to get the other party to fulfill its obligations, as well as to compensate for the damage caused to you.

Check your partners urgently!

Do you know that during an audit, tax authorities can cling to any suspicious fact about a counterparty? Therefore, it is very important to check those with whom you work. Today you can receive free information about your partner’s past inspections, and most importantly, a list of identified violations!

In what cases is it necessary to draw up a letter of claim?

A controversial situation or conflict can be very different character. Accordingly, for each case the execution of a letter of claim will have its own characteristics. Let's look at them below:

Letter demanding repayment of debt

When drawing up a letter of claim for debt, it is necessary to indicate the exact amount of the debt, indicate the timing of its payment and indicate the presence of fines and penalties (if any). Even if the agreement does not contain information about interest, according to Article 395 of the Civil Code, the borrower has the right to demand remuneration from the debtor for the use of his funds.

To ensure that the counterparty does not have questions about the nature of the debt, the claim letter must describe in detail what this amount consists of. These calculations can be made as an appendix to the letter or given directly in the letter itself.

Letter of claim to supplier, contractor or customer

In this case, you need to point out the specific clause of the contract that you consider violated. Typically, letters of claim of this type are drawn up in case of failure to meet deadlines for completing work, failure to deliver a project, delay in payment or incomplete payment.

To make your arguments even more compelling, in your letter of claim indicate not only the violated clauses of the contract, but also provide links to the articles of the Civil Code that establish your relationship with the counterparty. For example, if you are dissatisfied with the quality of work performed under a contract, you can refer to Art. 723 Civil Code.

Complaint about poor quality of goods

This type of claim letter is the most common. Low-quality products mean a product that does not fully perform or does not perform its functions at all. At the same time, the letter must contain a clear description of the product's defect.

According to the law, this type of claim letter can be filed either during the current warranty period for the product, or within two years from the date of purchase. If the letter is sent after two years, the buyer must prove the inadequate quality of the goods.

Claim against a bank or insurance company

A loan or insurance agreement is an adhesion agreement, which means that it is impossible for the bank or insurance client to agree on the clauses of this agreement with this organization. The consumer either accepts or refuses it, however, if such an agreement contains a clause that is contrary to the law, then this section can subsequently be canceled or amended.

And now about how to write a letter of claim to a bank or insurance company. The letter of claim must state the disputed condition and provide a reference to the rule of law that this clause contradicts. In addition to legal proceedings, the bank can be “threatened” with appealing to the Central Bank, and the insurance company – with the Financial Markets Service. Rospotrebnadzor also regulates the activities of insurance and banking organizations.

Several years ago, the bank stopped charging fees for maintaining a loan account, but some institutions continue to require payment for this service, changing its name. As a rule, a submitted letter of claim leads to the return of illegally claimed funds, since litigation will lead the financial organization to much greater losses.

Letter of claim to a transport company

A transport company may commit the following violations in its work:

Liability for violations depends on the type of transport. In case of delivery of goods by rail, the late fee will be 9% for each day of delay, but not more than the full cost of the service. Thus, in the letter of claim it is necessary to provide a reference to specific clauses of industry acts - the Air Code, the Railway Transport Charter, etc.

How to write a letter of claim correctly

If the letter of claim is written by an individual to a legal entity, then it is written on A4 sheet in free form. How to write a letter of claim from an organization to legal entity, we will tell you below. It is important to remember that it is always issued on letterhead companies.

Since the claim letter is a business letter, the form of the claim letter and its content have certain rules:

The letter of claim is drawn up in two copies, one of which is handed over opposite side personally or sent to her by registered mail.

A letter of claim regarding a defect or shortage of goods also has its own form. A claim is made using this form if, during product acceptance, the buyer identifies a discrepancy between the quantity or quality of the goods in the invoice and the actual data. In this case, you need to do the following:

Thus, a claim letter has a number of desirable characteristics:

Deadlines for a letter of claim within which it must be considered

The legislation of the Russian Federation does not establish a single deadline for consideration of a letter of claim. It all depends on the category of law in which the claim is being considered. As a rule, the contract for the provision of a service (or supply of goods) specifies the deadline for responding to a letter of claim. If the contract does not contain information about such deadlines, then there are a number of regulations that will allow you to navigate the required time to respond.

Thus, a response to a letter of claim in the field of transportation must be given within calendar month. If the letter is drawn up in the field of communication services, then its consideration may take up to six months. Letters of claim for some transactions must be reviewed within five days. In case we're talking about about a low-quality product, a response to the letter of claim is given within 14 days, as specified in the PPA.

How to write a response to a letter of claim

Do not ignore the letters of claim you receive. Firstly, this is unethical and greatly damages your reputation, and secondly, if you remain silent, the sender may go to court. It is also necessary to take into account the deadlines for responding to a claim (usually they are indicated in the claim letter itself).

When responding to a letter of claim, you should write the following:

When responding to a letter of complaint, consider the following:

Your response to the claim letter should be clear, as concise and reasonable as possible. Following these rules will allow you to maintain your partnership.

Why do you need to write a debt claim letter?

In order to guarantee the collection of debt from a client (individual or legal entity), credit organisation must go to court, the decision of which the defendant will be obliged to comply with. However, if every controversial issue were resolved in court, the judicial system would collapse. To prevent this from happening, procedural legislation obliges a number of measures to be taken before filing an application. Banks must send a pre-trial claim letter to the debtor, which will demand a refund. If the defaulter does not fulfill his obligations under the contract within the prescribed period, then the bank has every right to go to court, since it has attempted a pre-trial settlement.

The loan agreement may include a clause on mandatory claims work. This section may also indicate the time frame for going to court if the debtor refuses to fulfill his obligations. These deadlines are established by mutual agreement of the parties.

If the agreement obliges to send a letter of claim, then if this requirement is not met, the court has the right to refuse to consider the claim. In this case, the judge will indicate the need for pre-trial settlement of the dispute. When such measures have been taken, the bank, in the event of the debtor’s refusal to fulfill its obligations, can file a second claim, attaching to it its letter of claim, as well as (if any) the response of the defaulter.

2 examples of companies repaying a debt using letters of claim

Example 1. Claim to the director of the debtor company

You can write a letter of claim in relationships with large companies, government agencies (here this must be done in case of any dispute), as well as if there is a possibility that the head of the partner company does not know about the problem, and there is no way to contact him. A draft lawsuit is also attached to the letter of claim.

One company for a long time unsuccessfully tried to repay the debt of another organization, which constantly evaded fulfilling its obligations. On the part of the debtor company, either lawyers or deputy general directors appeared at the negotiations.

There was a suspicion that the owner of the company was not receiving information about the debt. Ultimately, the creditor company sent a letter of claim and attached a draft lawsuit (it is very important to show that your intentions are serious). This paper could not help but end up on the desk of the manager, who paid off the debts of his company.

Example 2. Chain of claim letters

A company that provided services to many contractors constantly had problems receiving payment. Moreover the main problem was not the low solvency of clients, but the lack of regulations for working with debtors. With so many counterparties, managers did not know from whom to start claiming the debt. After the introduction of a multi-stage claims system, the situation changed dramatically for the better.

The first stage consisted of sending a letter of claim to the debtor, which contained a notification of the beginning of the accrual of the penalty, and its calculation in accordance with the agreement was attached. After such letters, most of the counterparties paid off their debts. The more persistent ones received a second letter of claim warning about a possible stop in the provision of services, termination of agreements and transfer of cases to the legal department.

These two stages made it possible to significantly reduce the volume of accounts payable. Those same counterparties who did not change their behavior after two letters of claim actually received lawsuits.

What may be the basis for sending a letter of claim to the debtor?

In order for a letter of claim for a refund to be justified, it is necessary to establish the initial data. Each case of transfer of money must be documented, for example, a cash receipt order, a receipt, a bank account statement, a check, etc. Having one of these documents seriously increases your chances of achieving justice.

Also, to draw up a letter of claim, an agreement between the parties is required, the provisions of which served as the basis for the transfer of funds. If there is no such agreement, but there should be one (for example, if the parties to the conflict are individuals, then an agreement is needed for an amount of 10,000 rubles or more), then it will not be possible to refer to it as evidence of your innocence. If the creditor does not have any of the above, then he can turn to lawyers who will help indirectly obtain the missing documents. Thus, without having a sufficient basis in the form of documents, you should not rush to send a letter of claim. Unfounded accusations or complaints will not be satisfied.

Mandatory standards should not be overlooked. For example, in the service sector, regardless of what is specified in the contract, the customer has the right to refuse the services of the counterparty without giving reasons. But in case of such a refusal, the customer is obliged to pay for the actual work volume or compensate the difference between the amount specified in the contract and the advance payment.

Such situations are not uncommon today, which means that the party wishing to return their money must competently draw up a letter of claim. The main thing is to have all the necessary evidence. If they exist, then you can draw up a letter of claim in which you indicate the norm confirming your case, demand the return of the money and, using a seal, set a deadline for fulfilling the obligations. Don't forget about penalties and fines.

Let's take as an example the following situation, which is quite common these days. Company B received from individual A loan using printing. Company B failed to pay the debt when due and the creditor filed a lawsuit against it to collect the funds. In this lawsuit, in addition to demanding the return of the principal debt, A asks to recover interest from B for the use of third-party funds. All these requirements were confirmed by the individual’s complaint.

Another common example would be cases where the relationship between the parties is subject to consumer protection laws. A common scheme: a fitness room sells memberships at favorable price, which leads to a large flow of customers. When the time approaches for the opening of the hall, the company begins to play for time and regularly postpone the date. After some time, a dissatisfied consumer sends a letter of claim in which he demands a refund. The company agrees with the client without any problems and returns the cost of the subscription. Unfortunately, there are very few people who, in such a situation, will demand not only the money paid for a service not provided, but also interest on the use of their money. This is abused by unscrupulous companies who want to receive an interest-free loan.

How to write a letter of claim for debt repayment

If you think that there will be no response to your letter of claim and the matter will go to court, where the letter will be evidence of your attempt at pre-trial settlement, then do not send your letter of claim by email. It will not be difficult for the other party to delete it (or simply not receive it due to a technical glitch), and you will not be able to prove that the letter was sent. It’s another matter when the letter of claim is sent by registered mail with notification. This also affects the addressee: by signing for the receipt of the claim, he will take your requirements more seriously.

A letter of claim for debt repayment is drawn up in free form in compliance with the usual rules of business correspondence. It is not necessary to call such a letter a “Claim”, because when considered by the court, the semantic content will be taken into account first of all in order to ensure that activities aimed at pre-trial settlement are carried out.

The claim letter must include the following:

• failure of cargo delivery;
• short supply;
• shipment of low-quality goods;
• delays in the delivery of passengers and their luggage.
• in such a letter indicate the full name of the recipient’s organization, as well as full name. and position responsible person, to whose name the letter of claim is sent;
• in case of drawing up a claim from a legal entity to an organization, the number and date of departure are indicated on the claim letter;
• it is necessary to describe in detail the reason for your claim: indicate all identified deficiencies, as well as all regulatory documents confirming your claim: checks, invoices, contracts, etc.;
• It is equally important to outline in detail your requirements for the opposite side;
• You must indicate your position and full name. the head of the organization that sends the letter of claim, who also signs it.
• draw up a report on the identified discrepancy using the TORG-2 form;
• send a letter of claim to the supplier, which will describe in detail the identified defect or shortage of goods.
• drawn up on A4 paper by hand or printed;
• there are no errors or corrections in the text of the letter, which is a manifestation of your respect for your partner;
• the letter of claim contains information on the substance of the issue; all controversial issues must be stated;
• your claim is based on factual material; before sending a letter of claim, it would be a good idea to check references to laws, the correctness of the violation, etc.
• the letter of claim is drawn up in two copies, one of which is given to the counterparty, and the second remains in your hands.
• inform the sender that his letter of claim has been received and accepted for consideration;
• if you agree to the addressee’s demands, then your response should be short, correct and contain information about the time frame for resolving disagreements;
• if you do not agree with the requirements of the claim letter, you should explain in detail and politely the reason for your refusal;
• the response to the claim letter must have a date, the signature of the originator, as well as the seal of the organization.
• the answer should not be ambiguous or confusing;
• When responding to a letter of claim, it is better to refrain from abstraction; everything should be as specific as possible;
• in your response letter to the complaint, do not forget to indicate your contacts, as well as place the details of both parties;
• extracts from regulations and copies of useful documents can be placed in the application.

1. On what basis did the debt arise? If a letter of claim is drawn up regarding non-fulfillment of the terms of the contract in the form of non-payment, the letter must indicate the details and sections on the basis of which the debt is calculated.
2. Amount of debt. This paragraph indicates not only the total amount, but also its parts. It is also advisable to attach a debt calculation. If a fine is to be taken into account, then the rules for calculating it must be prescribed.
3. The time that the debtor has to fulfill his obligations. The deadline for a reasoned refusal to pay the debt is also indicated.
4. Sanctions that will be applied to the debtor if he does not repay the debt within the prescribed period.

Remember that a letter of claim does not replace a lawsuit, so when drawing it up, it is not necessary to provide references to articles of laws and regulations. However, if you do this, the seriousness of the claim letter will be much higher. The debtor, having received such a letter, will see that you are ready to take extreme measures to repay the debt, even going to court.

How to send a letter of claim

Before filing a lawsuit, the creditor must conduct a pre-trial settlement of the dispute, as well as confirm that this procedure has been carried out. In order for the court to consider that this event was carried out, the letter of claim must be sent either by registered mail with notification, or handed over in person under the signature of the debtor.

If the claim is served in person, it must be drawn up in two copies, one of which will be given to the client, and the second, with the number and signature of the debtor, will remain with the creditor. The date indicated on the letter is the starting point for the defaulter to fulfill his obligations.

If a letter of claim is sent to a legal entity, then the person responsible for receiving it should be correctly identified. Usually this is done by a secretary in an organization, but it is unlikely that they will show you the passport and job descriptions of an employee of someone else’s company. Therefore, if your debtor is a small company, it is better to insist on a meeting with general director and hand over the letter of claim to him. This will help you avoid misunderstandings in the future.

The most reliable evidence that the debtor has been served with a letter of claim is the postmark on the notification of receipt of the letter. In practice, the court rejects the defendant’s claims that he did not receive the letter, since the notice bears the signature of an unauthorized employee. Thus, this method of transmitting a letter of claim practically eliminates problems with fixing the date.

However, it is worth considering that if the debtor deliberately avoids receiving the claim, the postman will not look for him, and the letter will remain undelivered. In this case, you need to bring to the court the envelopes (along with the claim) that you sent to the defaulter at the legal address (in the case of a legal entity) or at the registered address of an individual. Where exactly the defendant is located will be clarified during the hearing.

Consequences for a debtor who ignored a letter of claim

The letter of claim must indicate the period within which the defaulter must fulfill his obligations, unless, of course, he agrees with the creditor’s demands. If the defendant does not waive its obligations, but is in a difficult position, then this should be communicated to the opposing party in order to initiate the negotiation process. Typically, after such negotiations you should:

• debt restructuring;
• installment payment;
• payment deferment.

If the creditor agrees to accept the new terms for repaying the debt, then he does not have to impose penalties on the debtor. Do not forget that concessions and compromises in this matter are not uncommon.

If the debtor does not intend to fulfill his obligations for any reason, then he should write a reasoned refusal. Such a response is also the beginning of negotiations, during which the parties can draw up reconciliation statements that will reveal the presence or absence of debt. If the creditor does not consider the debtor’s refusal to pay justified, then he has the right to file a lawsuit, but not before the deadline for voluntary repayment of the debt, which is specified in the letter of claim, has expired. The defaulter can change his mind at any time and pay off the debt.

If the debtor has not received any response to the claim letter, after the expiration specified period The creditor may apply to the court for voluntary repayment of debt. Depending on the type of legal relationship, the law allows for such a procedure from two weeks to a month. The period may be extended if the parties reach an agreement.

During trial great importance has a letter of claim with a date of dispatch. This will be evidence that the creditor made an attempt to resolve the conflict out of court and did everything possible to get out of this situation. But since these actions had no effect, the court remained the only option to protect its interests.

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

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

Citizens most often make complaints about goods purchased in a store or a service provided by a company. There are also frequent complaints against developers about violation of construction deadlines (delivery of the house) according to the building regulations and about the elimination of deficiencies (in terms of the quality of the apartment).

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

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

Contents of the complaint: what to write

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

The claim consists of the following elements:

1. "A cap".
2. Title.
3. Factual grounds (description of the situation, plot).
4. Legal grounds.
5. Calculations of penalties, interest.
6. Requirements.
7. Deadline and procedure for response.
8. Possible consequences of a negative response or non-response to a claim.
9. Applications.
10. Date, full name, signature.

Now let's talk about everything in order.

“Hat” - who to send the claim to

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

For example:

General Director of Vasilek LLC

Shabalin Viktor Petrovich

630098, Novosibirsk, st. Pisareva, house 1

from Ivanov Vitaly Vasilievich

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

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

Email: [email protected]

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

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

In your data you need to indicate your full last name, first name and patronymic, registration address, contact phone number and email if desired.

Heading

It is written large, in the center. You can simply indicate the word “CLAIM”, or you can go into more detail.

For example, “Claim for violation of deadlines for delivery of a shared construction project under agreement No. 2121 dated February 12, 2016.” or “Claim for return of goods of inadequate quality.”

Factual grounds (description of the situation, plot)

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

Essentially this is a description of the situation that happened.

Don't describe everything in too much detail. We only need dry facts:

• when and with whom the contract was concluded,
• what is the subject of the contract,
• when deficiencies are discovered or when something happens
• and so on.

Legal grounds

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

It should be remembered that in our country laws change almost every day. Therefore you need to be very careful. Or contact a lawyer who is “in the know” about the issue.

One more note - you need to choose the right law, which really applies to your legal relations. There are often mistakes here too.

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

Calculations of penalties, penalties, interest

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

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

If this is a claim about the use of someone else’s money, Art. 395 of the Civil Code of the Russian Federation.

Calculations must be carried out scrupulously, accurate to the day. It is better to provide the formula (with explanations) on the basis of which you calculate. This will be much more serious and justified.

The result should be a specific amount, accurate to the nearest ruble, which you will demand from the debtor.

Requirements

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

For example, “I demand a refund of the amount paid for the goods in the amount of 20,000 rubles. At the same time, I inform you that I refuse to execute the purchase and sale agreement.”

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

Deadline and procedure for response

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

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

It would also be a good idea to indicate how you should be given an answer. Example of wording: “Please give your answer in writing, having previously communicated your decision to me by phone later than the deadlines determined by the Law of the Russian Federation “On the Protection of Consumer Rights.”

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

Everyone knows very well the phrase “otherwise I will go to court.” But this is very banal. And such a “scarecrow” will not surprise anyone.

It is better to indicate specific Negative consequences, which may arise from the opponent. For example, additional fines, expenses for state fees, legal services, etc. You can also point out reputational risks.

The law contains a lot of additional enforcement measures.

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

Applications

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

These can be copies of contracts, checks, receipts, acceptance certificates, expert opinions, assessment reports, etc.

Don't overdo it with documents. You only need to use those that your opponent does not have.

Date, full name, signature

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

Where can I download a claim sample?

Even though the Internet is big and you can find a bunch of templates in 30 seconds, you shouldn’t blindly trust them.

First, many of the claims were compiled not by lawyers, but by “amateurs,” students or content managers.

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

Thirdly: free cheese only comes in a mousetrap.

Therefore, if you don’t want to get into a puddle, contact a normal lawyer or download truly verified documents.