Unfortunately, we encounter the need to write a claim quite often. The number of different types of claims is more than two dozen. The most typical conflict situations are poor-quality services or goods. The claim must be made in writing in any form. Calling and making a claim is at least pointless. In order for the claim to achieve its goals, it must be written and formatted correctly.
A claim submitted in writing is a consumer’s demand describing on paper the facts of violation of his rights by the service provider (employer, seller, contractor). You must have documents confirming the fact of purchase of goods or services provided: contract, checks, receipts, certificates, witness statements, photos, price list, and some other evidence. The claim can be prepared on the computer or by hand. On sheet A4 in the upper right corner, write to whom you are making a complaint. As a rule, this is not one specific person, but an organization (the organization on whose behalf the poor-quality service was provided, the supplier, the manufacturer). Be sure to indicate the name of the guilty organization, the full name of its leader, and his position. Below write who the claim is from: your personal (last name, initials) and contact information for communication.
Before stating your requirements through the claim procedure, try to talk with the seller (manufacturer), since it is possible that your requirements will be satisfied without any special “problems”. If they don’t meet you halfway, then file a claim.
When writing a complaint, first decide on your requirements. To do this, it is advisable to choose some main - the most significant drawback in the product or in the quality of the service provided. To clearly understand what you want from the seller or performer, you should familiarize yourself with the basic consumer rights guaranteed by law. This is where your requirements will flow.
Basic consumer rights
. for quality
. for safety
. for information
. for damages
The right to quality means that the seller must transfer a high-quality product to the consumer, and the contractor must perform the work (provide a service) with high quality.
Right to safety: the consumer has the right to ensure that the product (work, service) is safe for life, health, property of the consumer and the environment. The requirements that must ensure this are mandatory and are established in the manner determined by law (Clause 1 of Article 7 of the Law of the Russian Federation “On the Protection of Consumer Rights”).
Right to information: the consumer has the right to necessary and reliable information about what is being sold, who is selling it and who made it, how and when it can be purchased. Based on this information, we must obtain an accurate understanding of the manufacturer (performer, seller) in order to contact him, if necessary, with the appropriate requirements, and about the goods (works, services) for their correct selection.
Right to compensation for damage: For violation of consumer rights, the seller (manufacturer, performer) bears responsibility provided for by law or contract (Article 13 of the Law of the Russian Federation “On the Protection of Consumer Rights”). If the contract provides for liability in a larger volume or a penalty in a larger amount than provided by law, then the terms of the contract are applied.
The claim is made in 2 copies, one of which remains with you.
Indicate the exact name of the company and its address. This data must be indicated in documents, which must be located in the “Consumer Corner” on the sales floor or in the company’s office.
Please provide your details: full name, address, phone number.
Briefly outline the essence of the conflict situation that has arisen.
For the fastest solution (an examination may be required), indicate one of the most significant, in your opinion, defects in the product or the fact of poor-quality service.
State your requirements: refund, replacement of goods, reduction of the purchase price or cost of the service (your choice).
Be sure to indicate a realistic deadline for fulfilling your requirements. Usually this is 10 calendar or working days.
Enter the number and signature.
Attach photocopies of the documents you have to your claim: checks, contracts. Do not give away the original under any circumstances! He must stay with you.
So, imagine a situation where the product you purchased turned out to be of poor quality. Clause 1 of Article 18 of the Law “On Protection of Consumer Rights” gives the consumer the opportunity, at his own discretion, to demand:
Free elimination of product defects or reimbursement of costs for their correction by the consumer or a third party; proportionate reduction in the purchase price;
Replacement with a product of a similar brand (model, article);
- replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price.
Instead of presenting these demands, the consumer has the right to refuse to fulfill the purchase and sale agreement and demand the return of the amount of money paid.
Protection of consumer rights when performing work (rendering services) is regulated by Chapter III of the Law “On Protection of Consumer Rights”, therefore, possible consumer claims against the contractor are regulated not by Article 18, but by Article 28 of the Law:
- assign a new term to the contractor;
- entrust the performance of work (provision of services) to third parties for a reasonable price or perform it on their own and demand compensation from the contractor for expenses incurred;
- demand a reduction in the price for performing work (providing a service);
- refuse to fulfill the contract for the performance of work (provision of services).
The consumer also has the right to demand full compensation for losses caused to him in connection with violation of the deadlines for completing the work (rendering the service). Losses are compensated within the time limits established to satisfy the relevant consumer requirements.
It is also necessary to take into account the specifics of regulating the presentation of claims in relation to certain goods (services, works), specified in the Law “On the Protection of Consumer Rights”. See: Law "On the Protection of Consumer Rights", List of technically complex goods in respect of which the consumer's demands for their replacement are subject to satisfaction if significant defects are found in the goods, List of durable goods that are not subject to the buyer's requirement to provide him free of charge for a period repair or replacement of a similar product and other provisions of regulations governing the protection of consumer rights.
In the complaint, in order to avoid formal reasons for the seller to delay the resolution of the issue, it is advisable to indicate only one of the above requirements.
In conclusion, you can indicate to the seller (executor, etc.) your intention to file a claim in court if your requirements are not satisfied within the time period set by you (the minimum terms are established in the Law “On the Protection of Consumer Rights”).
The claim is drawn up in two copies. It can be submitted in two ways: by registered mail with delivery notification or directly to the seller (it should be taken into account that in order to subsequently establish the date of filing the claim, your copy of the claim must have a note from the seller (performer) about receipt of this claim). Wherein:
- Bring one witness with you. Maybe even a close relative. His testimony will also be sufficient for the court.
- In the presence of a witness, submit the claim to the entrepreneur or employee of the company. If they refuse to accept the claim (they are unlikely to refuse in the presence of a witness), simply leave the claim on the counter or on the desk of an office employee. In this case, the witness must write on your copy of the claim that they refused to accept the claim and it was left with the department. The witness indicates his passport details, the date and signs.
- If you are offered to leave the goods in the department for examination, you can leave it immediately, only the seller must make the appropriate mark or give a receipt on your copy of the claim. However, if you are not sure of the seller’s integrity and that he will keep your goods in proper condition, it is better not to give the item back, but to offer to bring it directly to the expert on the day of the examination.
There is no need to be afraid of examination. Cases when entrepreneurs try to “resolve” issues with an expert “amicably” and not for free are rare. Experts value their reputation and work and will not commit a crime over such a trivial issue. And it is simply more profitable for an entrepreneur to give in to the demands of the consumer than to “resolve issues” with an expert. In addition, a repeat independent examination can always be ordered (by the court or at your request).
When all the preliminary stages have been completed, all that remains is to wait. Wait for the period specified in the claim. The very next day after this period has expired, you can draw up and send a statement of claim to the court.
How to file a claim
Where to start, if the product you bought turned out to be faulty, and the item you handed in for dry cleaning was damaged, or the renovation of the apartment was delayed, use your rights in accordance with
The first thing you need to do is to write a claim (a written appeal to the counterparty in connection with improper performance or non-fulfillment of obligations), containing one of those requirements that are provided for by the Law. It must be remembered that the main requirement can be stated to one and only one of the counterparties, either the seller, or the manufacturer, or the importer, or the performer, or an authorized organization or entrepreneur
What you need to start with is to double-check again: who exactly sold you the product (provided a service or performed work). If you still have a sales or cash receipt, then its details must necessarily include information about the counterparty, its Taxpayer Identification Number, Primary State Registration Number, and legal form.
The claim must be drawn up in two copies, one of which is handed over to the seller (manufacturer, performer), and on the second the seller (manufacturer, performer) makes a note about its receipt. The seller (performer, manufacturer) is understood as an individual entrepreneur or legal entity that sold the goods (performed work, provided a service), and not a specific employee who interacted with you. Therefore, the claim can be transferred to any person representing the counterparty. Any employee is such a representative. The claim can be submitted in person not only to the specific address where the goods (work, services) were purchased, but also at any place where your counterparty operates. Some sellers (performers) sometimes change their location, and therefore, when you contact the address where you purchased the goods, you may find a different sign. Don't despair. Information about registered individual entrepreneurs and legal entities must be provided to you by the registration authority, which is the relevant Inspectorate of the Federal Tax Service. In this case, preserved cash and sales receipts will be of great help. If the seller was an entrepreneur, but by the time the claim was filed, had ceased carrying out business activities, this does not mean that a claim cannot be made against him. The situation is different with legal entities. If a legal entity is liquidated or has actually ceased its activities and does not have a legal successor, then it is necessary in each specific case to either choose another counterparty to whom, in accordance with the law, the consumer can make a claim or contact a public association of consumers, where they will give you advice on how to act in such a situation.
If for any reason the seller (manufacturer, performer) refuses to accept the claim or put their signature on your copy, send the claim by registered mail with acknowledgment of receipt. It is also possible, in the presence of two eyewitnesses, who may be your relatives or friends, 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 over at that time in the presence of eyewitnesses with their signatures and an indication of their addresses and passport details. It should be taken into account that these eyewitnesses may subsequently be summoned to court as witnesses to confirm the fact of transfer (delivery) of the claim.
Having received the claim, the seller (executor) must decide on the procedure for considering your claim. 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 (performer) considered that the cause of the defects was your guilty actions (for example, violation of storage or operation rules) or inaction (for example, failure to comply with maintenance requirements), then the seller is obliged conduct an examination. The consumer has the right to participate both in quality control and during the examination. To avoid misunderstandings, we recommend that you initially express your intention in the text of the claim, with a request to inform you about 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.
Please note that the seller is not required to respond to you in writing. By virtue of the clear instructions of the law, he must, within the prescribed period, either satisfy your request or deny it to you. In this case, refusal is understood as both actual refusal and any inaction of the counterparty. This must be taken into account when writing a specific claim. If your claim concerns monetary payments (return of the cost of goods or payment of penalties or losses), then we recommend that you indicate in the text of the claim the full details of your bank account, where the counterparty, if it agrees with your demands, will be able to transfer funds. If the requirement concerns a thing or an object, then indicate the name and location of the thing.
If your demand is not satisfied, then re-evaluate the legality of your demands, perhaps consult a lawyer for a public association of consumers and go to court. You can go to court either independently (if necessary, lawyers from public associations will assist you in drawing up a claim), or you can ask a specific consumer association to defend your rights and file a lawsuit on behalf of a public consumer association.
When resolving a conflict between the insurer and the car owner, the parties can resolve differences out of court. In this case, the policyholder has the right to send a reasoned written claim to the insurance company. What do you need to know to correctly draw up and submit such a document?
Why file a claim?
If the car owner ignores the pre-trial procedure for resolving the conflict within the framework of the MTPL agreement, there is a high probability that the court will simply not accept the statement of claim. In the case of a “motor citizen”, the mandatory filing of a written claim is provided for by current laws.
In addition, the fact of sending this document to the insurer will allow you to receive a fine in accordance with legislation in the field of consumer protection. As a rule, we are talking about fifty percent of the amount owed to the insurance company.
In the case of voluntary transport insurance, the pre-trial procedure for resolving conflicts is regulated not by laws, but by CASCO rules.
This document is part of the voluntary car insurance contract, therefore the absence of a pre-trial claim is equivalent to a violation of the terms of the insurance.
However, in some cases, a judge may accept a claim under a CASCO agreement, even when the policyholder has not notified the insurer of the existence of claims. At the same time, insurance company lawyers can use the lack of a written claim to evade paying a consumer fine.
This is possible if, during the court hearing, the insurer’s representative declares the company’s desire to satisfy the client’s requirements on a voluntary basis. Judges usually accept such requests. Naturally, in this case it will not be possible to collect a 50% fine from the company.
How to record the transfer of a claim?
Filing a written claim implies further recourse to court, but only if the insurer refuses to comply with the client’s demands or leaves his appeal unanswered. Of course, when filing a claim, you need to prove that the car owner actually handed over the letter to the insurance company.
You can record the fact of filing a claim in the following ways.
- Sending a registered letter with notification and an inventory of all enclosed papers.
- Handing over the claim personally to an employee of the insurer.
In the latter case, you should require that the manager sign a copy of the claim, affix the company seal and indicate the date of receipt of the document.
However, in practice, insurer employees often refuse to accept a claim or do not mark receipt.
Accordingly, the easiest way is to send a claim by mail, because in this case managers will not be able to evade receiving the document. Moreover, postage costs can be recovered from the insurance company in court, but only if the car owner wins the case.
Claim consideration period
Insurer managers are required to send a response to the claim under the MTPL agreement within ten days, excluding holidays declared as days off. This period is mentioned in the relevant law, therefore the insurance company is deprived of the opportunity to delay the consideration of the pre-trial claim.
But with voluntary car insurance, everything is much more complicated. The time limit for an insurer's response to a written claim is not regulated by applicable laws. In addition, such information is not included in the CASCO rules of most domestic companies.
At the same time, contractual relations in the field of voluntary insurance are subject to the law on the protection of consumer rights. Many lawyers prefer to focus on the ten-day period established by this legislative act.
However, if the insurer included a mention of the period for consideration of the claim in the terms of insurance, it should be focused on it. Of course, in this case, you can ignore absurd requirements, for example, about the period for responding to a written complaint within several months.
Filling out a claim
If a car owner decides to file a pre-trial claim without the participation of a law firm, he should remember several important points. It is worth at least re-reading all the legislative and regulatory acts mentioned in the complaint.
This knowledge will be needed when going to court, because during the hearing you should argue your position with reference to laws and insurance conditions. Otherwise, the insurer's lawyers can achieve a favorable court decision.
In addition, you must fill out the claim extremely carefully. Any mistake, even a simple typo, will allow the insurance company to ignore the document without breaking the law. Such a claim simply has no legal force.
Where to start, if the product you bought turned out to be faulty, and the item you handed in for dry cleaning was damaged, or the renovation of the apartment was delayed, use your rights in accordance with the Law of the Russian Federation “On the Protection of Consumer Rights”. 
The first thing you need to do is to write a claim (a written appeal to the counterparty in connection with improper performance or non-fulfillment of obligations), containing one of those requirements that are provided for by the Law. It must be remembered that the main requirement can be stated to one and only one of the counterparties, either the seller, or the manufacturer, or the importer, or the performer, or an authorized organization or entrepreneur.
The claim can be made in any form, but it must indicate:
to whom the claim is sent (the last name, first name and patronymic of the responsible person may be indicated);
from whom the claim is made - it is necessary to indicate the last name, first name and patronymic, as well as address and telephone number (for communication);
in a separate line - you need to write CLAIM or APPLICATION;
The text of the claim must briefly outline the essence of the case:
the date and specific essence of the service provided (the date of purchase of a particular product) is indicated;
the circumstances of the case and the essence of the claims are stated: to substantiate the claims, it is advisable to refer to the relevant articles of laws;
requirements are clearly formulated (refund of money, provision of services of appropriate quality, etc.);
at the end of the complaint it is indicated what the consumer’s intentions are if his demands are not satisfied voluntarily.
You must indicate the date the claim was filed. The claim must be signed by the originator.
The application must indicate which documents are attached to the claim (for example, a copy of the sales (cash) receipt, a copy of the warranty card, copies of acts, certificates and other documents available to the consumer in connection with the claim).
The claim (statement) must be written in 2 copies, one of which is handed over to the seller (executor, manufacturer), and on the second its representatives must put their signature. This copy will remain with the consumer as confirmation that the claim was received by the seller (performer, manufacturer).
If the seller (manufacturer, executor) refuses to sign a copy of the consumer’s claim (statement) or simply does not accept it, it must be sent by mail (by registered mail with a list of the contents and a return receipt).
Refusal to comply with the consumer's requirements must be stated in the form of a resolution on the consumer's copy or in a separate document.
ROO "BURYAT CONSUMER ASSOCIATION" will help you competently and professionally draw up a written claim in a short time in our office ( the cost of filing a claim is from 500 rubles), and will also advise you free of charge on your issue related to the protection of consumer rights and how to act in a particular case.
HOW TO SUBMIT A CLAIM?
“My cell phone broke and I went to the store where I bought it to file a claim. But when I tried to do this, the manager refused to talk to me, much less accept any papers. Are there rules for filing a claim? What should I have done?
Any claim must be made in two copies. You can write it by hand or type it on a computer. Try to leave space on the sheet for the store to mark the date of its acceptance. There are several ways to file a claim. 
1. Deliver in person. To do this, you must bring both copies of the claim and contact the company manager or the secretariat. Give one copy to the employee, and on the second, ask him to make a note that the claim has been accepted. He must put the date, signature and decipher it, fully indicating his name, surname and position.
2. Send by mail. If the company's managers refuse to mark your copy of the claim, it can be sent by mail. Preferably by registered mail with acknowledgment of delivery. It is from the date indicated in the notification of delivery that the deadlines established by law will be counted. It happens that dishonest entrepreneurs, when a dispute arises, claim that the registered letter that came from the consumer did not contain a claim, but a New Year’s card or just a blank sheet of paper. To avoid such situations, you can send a valuable letter (valuing it at 1 ruble) with a description of the attachment and a receipt.
There are several other options for personally serving a claim.
3. Delivery in front of witnesses. You can try to serve the claim in the presence of friends or acquaintances. If they refuse to accept it, the witnesses can draw up an act where they write that the manager evaded accepting the documents. The act must contain the information of witnesses and their signatures. To confirm the fact of service of the claim, two witnesses are sufficient, who, if necessary, will be ready to speak in court.
4. Serving the claim with a notary. The notary has the right to transfer applications from one person to another. If we are talking about a significant amount of money and it is important for you to record the fact of filing a claim, you can ask a notary to transfer your statement to the seller. True, you will have to pay for it. The notary will come to the store and try to serve the claim to management. If it is not accepted, the notary will draw up a protocol in which he will describe everything that happened in the seller’s office. This fact is independent evidence in court. It can be used to confirm that the seller was informed of the existence of the claim.
5. Entry in the complaint book. Any buyer has the right to express his complaints and demands in the book of complaints and suggestions. This document must be located on the sales floor of the store and provided to customers upon request. After making an entry, don’t be lazy to take a photo of the book cover with a digital camera or mobile phone. It should contain the name of the company, the start date of the book and the number of pages in it. Also take a photo of your entry and the entry in front of yours. These photographs can serve as evidence in court if the book is suddenly “lost.”