The claim is incorrect. Example of a claim against an insurance company

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.


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


Next, write how the addressee, in your opinion, is obliged to satisfy your requirements. For example, write “Based on all of the above, in full accordance with the article (indicate the name of the law, the violated article), I ask...” Now describe your requirements. Alternatively: replacing the product, reducing the cost of the service, eliminating the malfunction, terminating the contract, returning the amount spent, etc. It would not be superfluous to add “I ask you to give me an answer about the measures you have taken within a month.”


After this, list what documents you are attaching to the claim to confirm that your rights have been violated. Write the word “Attachments” and make a list of attached copies of documents. Keep all original documents with you for the court. Finally, add a date and signature. Unsigned – anonymous complaints will not be processed. The claim is drawn up in 2 copies. Print both copies or make a photocopy. The copy remains with you; give the original to the addressee in person or by mail.


On your copy, the addressee must put: his full name, position, signature, incoming registration number. It happens that the culprit refuses to accept your claim. Have two witnesses and, if you refuse, draw up a document stating that the addressee refuses to accept your claim. It is better to hand over the document to the first person - the director or his clerk. Send your claim by mail by certified or registered mail. With the help of the Federal State Unitary Enterprise Russian Post service, it will not be difficult for you to track the delivery time of a letter to the addressee. The following three options for responding to a complaint are possible: your demands will be denied, satisfied in full or partially. If you are denied, the resolution to the denial must be included in your claim or set out in a separate document. You will receive a response within 30 days from the day the complaint was received by the addressee. If there is no answer, then write a complaint to the district prosecutor's office, the Rospotrebnadzor department, or a statement of claim to the court.

Claim- This is part of the dialogue between partners. A fair claim is an opportunity to protect your rights and encourage your partner to fulfill obligations. Of course, when writing such letters, you will need special skill and virtuosity in order to maintain your relationship with your partner and at the same time say “everything you think about him.”


The purpose of any complaint is to convey complete information about the problem that has arisen and inform the addressee as clearly as possible about the possible consequences of failure to fulfill obligations.

Claim - This is a written requirement for the party infringing on rights to voluntarily resolve problematic issues. As a rule, a complaint contains reasoned theses that officially inform about violations and contain references to relevant laws and regulations.

A letter of claim can also be a document if it comes to litigation. It is for this reason that it is very important to compose this type of letter correctly and tactfully.

Statistics show that writing a complaint causes difficulties for 90% of those who start writing such a letter.

This is due to the fact that it is very difficult to adhere to the golden mean when writing, without slipping into the maelstrom of personal emotions or naked threats.

In this article, we offer you a general algorithm for easily writing a complaint for any reason.

1. Start with preliminary preparation for writing a letter.

  • What became the subject or reason for filing a claim.
  • What result do you expect from consideration of the claim, that is, what will you demand from the addressee.
  • Collect evidence - documents related to the subject of the claim (agreements, checks, certificates, receipts, etc.).
  • Calculate the amount of damage.
  • Understand the situation from the point of view of the Law. This will add credibility to you.

2. Plan for a letter of claim.

1) Set the context in which to inform the recipient about the subject of the letter.

Let this be a neutral comment in which you indicate the date, conditions and circumstances of the purchase of the product or service. This will be the basic information from which the addressee will build.

We are contacting you regarding a problem that arose during the operation of a vacuum cleaner purchased from your online store on 10/30/14.

We are contacting your company regarding the work of a team of builders hired on 11/24/14 through an online resource www.strojka.com for finishing work in a new building.

On October 10, 2014, the HR manager of the Serebryanye Klyuchi Group of Companies contacted your agency for help in recruiting personnel. We ask you to help us understand the current situation.

In fact, this is the first phrase with which we must bring the addressee up to date and tune in to the wave we need. The context should be concise, but sufficient and specific.

2) Start criticizing the actions of the company that violated its obligations.

It is important to remember here that the recipient has not done anything bad to you personally. Your recipient should help you, so don’t throw mud at him. Try to tell the addressee as fully and objectively as possible how you were offended, what obligations were not fulfilled, what rights were violated.

On the website, this vacuum cleaner came with a 36-month warranty, but there was no warranty card in the box with it, nor was there an instruction manual. In addition, the online store “***” on its website does not indicate service centers that are ready to work with their products under warranty.

Your company did not send a work contract, although the money for hiring was transferred. The site manager promised that already on November 25, 2014 at 9.00, workers will be at the site at the address specified in the form. However, neither on November 25, 2014 nor on November 26, 2014, the finishing team never showed up. Managers do not answer hotline calls.

According to the concluded agreement with the recruitment agency “Housewife”, within 30 calendar days, once every three days, your managers were supposed to send resumes of 3-5 new candidates for the vacancies listed in the agreement. The agency's services were prepaid for a month. However, within 14 days from the date of conclusion of the contract, not a single resume was sent. It was not possible to obtain a clear explanation of the current situation over the phone.

It is necessary to describe the situation concisely, clearly and objectively. Criticism of the company’s actions implies a description of the situation according to the model:what should have been done? - what did you do?Tell us about the documents confirming the agreement, do not forget to attach copies of them to the letter.

You are offended, out of indignation you want to tear and throw. You are ready to send sheets of curse words to the offender...

Now take a deep breath and exhale equally deep... Try to calm down. And do exactly the opposite: instead of humiliating the offender, help him save face. Remember why you turned to this company. Write about good reviews, reputation, positive experience of previous applications.

This is not the first time we have ordered equipment from the online store “***”, and until now such problems have never arisen: all the documents were always included in the kit, although we have never complained about the equipment due to its high quality.

There are a lot of positive reviews about your company, which was the main reason for turning to you for services.

My partners have repeatedly spoken highly of the quality of work of your recruitment agency.

4) Justify your requirements.

To ensure that your demands are not unfounded, justify them. Refer to the clauses of the agreement, if there is one, to Laws, regulations, regulatory documents, etc. At the same time, make sure that everything is accurate; and names of documents, and paragraphs, and dates. You can even quote them.

According to the Consumer Protection Law... Within 14 days, goods can be returned or exchanged...

In accordance with Agreement No. 578 on the provision of services dated 10.10.14...., in particular with paragraphs 3-4...

5) Present your demand.

Tell the recipient what way out of the current situation you see. What would you like: return of the goods, termination of the contract, material compensation, fulfillment of obligations, and so on. The addressee must clearly understand how he can resolve the conflict so that the matter does not go to court, but your dissatisfaction is neutralized.

We strongly ask you to exchange your vacuum cleaner for the same one, but with all the documentation included.

I ask you to send a copy of the contract and send a team of finishers no later than 11/28/14.

I ask you to terminate the contract and return the advance payment in full.

Remember that the requirement must be real and feasible, otherwise you cannot do without a trial.

6) Don't drive the recipient into a corner. Find a way out together.

Although the claim implies an ultimatum tone. Give the recipient a chance to make a choice. Offer a compromise.

If it is not possible to exchange a vacuum cleaner of this model for the same one, we are ready to consider options for vacuum cleaners in this price category with the same set of functions.

If you have any difficulties fulfilling the terms of the contract, call *** to discuss alternative options for resolving the situation.

7) Express hope for the best.

Show that you are friendly to the recipient, but just want to defend your interests.

We hope that an acceptable solution will be found, and we will not have to go to court to demand the return of the cost of the failed vacuum cleaner and moral compensation. We would like to continue to use the services of the online store and count on your prompt action.

We hope that we can find a compromise and we will not have to meet in court.

3. How to issue a letter of claim?

1) Indicate the addressee’s and yours details in the letter form.

Please indicate the addressee details:

  • Last name and initials of the addressee
  • Position (director, deputy, etc.)
  • Company name and address (if possible)

Please indicate in your details:

  • Last name and initials
  • Address
  • contact number

2) Indicate the date the letter was sent.

3) Document's name

Starting on a new line with capital letters in the middle, indicate the name of the document -

CLAIM

4) Contact the addressee.

Despite the fact that you are offended and angry, find the strength and opportunity to address the recipient by name and patronymic. This, on the one hand, will endear the recipient to you, and on the other hand, it will impose on him the responsibility to deal with your problem personally.

Dear Nikolai Nikolaevich!

If you do not know the name of your addressee, address him by title:

Dear Director of KiKO LLC!

5) At the end of the letter, sign:

Sincerely, V.I. Korennaya

6) Specify applications.

In the attachments, list all the documents, copies of which you are attaching to the letter and the number of sheets of each of them.

Applications:

1. Purchase receipt – 1 l.

2. Warranty card for the product – 1 l.

3. Conclusion of the examination of the service center - 1 l.

This algorithm for preparing a letter of claim will help you quickly and easily make a tactful and convincing claim for any reason.

And we wish you to encounter the need to write such letters as rarely as possible!

Valentina Korennaya,

- Didn't find the information you need regarding business letters? Go to the site and you will find rules and writing examples for all popular types of business letters. And every day there are more and more examples!

If you want to write the most effective letter that will definitely not go unanswered, contact us and our professionals will help you with this.

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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 contact the laws and regulations, the consumer protection department or a 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 demand reimbursement of money spent on low-quality goods. 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
Ivanov P. P.
from Semenov A. A.,
residing at:
Vladivostok, Okeansky prospect, 31, apt. 5
tel. +7 (***) ***-**-**

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.

Please inform me about your decision at the telephone 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.

An expert assessment also 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 and try in every possible way to avoid responsibility.

In such cases, you must remember the following:


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 a long time, and in response 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, an accurate statement of facts and references to the law are necessary. They will provide more complete 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.

Bottom line

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.

By understanding the essence of what this document should contain and knowing about the 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?”

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. Such issues are resolved in writing. That’s why we ask how to write a complaint correctly, and not how to simply present your complaint. A written claim is a legal document, which is why it must be executed 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:

  • 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 product and receive a full refund.

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

Example of a claim:

To the head

LLC "Meda-Sport"

INN 000374169079

Address: 411095, Belgorod,

st. Pobeda, 30

from Ishchenko Marina Ivanovna,

living at the address:

411075, Belgorod,

st. Pozharnikov, 67, apt. 23,

tel. 8827-123-6205.

CLAIM

On November 17, 2015, I purchased Nike men’s winter boots, black, r. 45, costing 15,000 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.

In accordance with Art. 18 of the Law of the Russian Federation "On the Protection of Consumer Rights" dated 02/07/1992 No. 2300-1, 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 you carry out an examination of the goods 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.

Ishchenko M.I. ___________________________ signature.

This example clearly illustrates how to write a claim for return/exchange/reimbursement of the cost of a defective product. Well, we move on to the next point.

Claim to the insurance company

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.

Example of a claim:

At JSC "...."

From: Mishchenko Alexander Ivanovich,

Kazan,

st. Heroes of Labor, 7, building 18,

CLAIM

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, so an independent appraisal company conducted an examination to assess the true cost of this operation. She compiled (...). From which it follows that at the present moment the OJSC (...) has not paid the amount of insurance compensation required by law.

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

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

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

I also enclose the conclusion of an independent examination.

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

Finally

The claim, like any other official document, must be drawn up in the most concise style possible, with references to the relevant paragraphs of legislation, indicating all the details, etc. 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.

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 that it is more difficult to prove poor quality of a service 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 are prescribed 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 phone number (any one that can be contacted)

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)

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