Drafting claims. Sample claim for defective goods: how to file a complaint

Most people don't know how to write a claim correctly. Moreover, they are embarrassed and embarrassed to do so, suppressing their anger in response to misconduct, ugly attitude from the staff and / or poor-quality goods. But this is an absolute right of any consumer, why not take advantage of it? In this article, we will look at how to write a claim correctly. Her sample, too, will not be left without attention.

Claim Form

There is one thing that needs to be firmly understood. Such issues are resolved in writing. That is why we are asking 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 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:

the document must have two copies (copies);
be sure to indicate in the upper right corner the following: to whom the claim was made (full name of the organization) and from whom (full name and indication of the 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);
claims must be described in detail;
an indication of what kind of 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 no written response is received, an appeal to law enforcement agencies will follow;
date and signature are also mandatory.

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

Defective goods

The first example we'll look at is a defective product claim. Defects can vary and may result in a different response from the organization that sold the product. But how do you write a claim for a product?

We demand legally

The consumer has the right to demand:

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

Timing

For how long and how to file a claim? We will consider a sample a little lower, we only note that such a document can be presented during the warranty / expiration date. If the warranty period is not established - within two years. The time is counted from the day of purchase or from the day of the season for seasonal goods (eg shoes, gloves, etc.).

Sample

Claim Example:

Head

Meda-Sport LLC

TIN 000374169079

Address: 411095, Belgorod,

st. Victory, 30

from Ishchenko Marina Ivanovna,

residing at:

411075, Belgorod,

st. Pozharnikov, d. 67, apt. 23,

tel. 8827-123-6205.

CLAIM

On 11/17/2015, I purchased Nike men's winter boots, black, r. 45, worth 15,000 rubles. The warranty period for this shoe was 50 days.

On December 8, 2015, a defect was found on the boots - thinning of the skin at the place of bonding with the sole. Because of this, the shoes became unsuitable for wear.

In accordance with Art. 18 of the Law of the Russian Federation "On Protection of Consumer Rights" dated 07.02.1992 No. 2300-1, I ask you to replace the product with a similar or similar one, or to refund its full cost. I want a response within 10 days.

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

In case of non-satisfaction of my requirements within the stated timeframe, I reserve the right, at my choice, to put forward other claims in accordance with Article 18 of the Consumer Rights Law and go to court.

I am enclosing a copy of the receipt with the claim.

Ishchenko M. I. ________________________ signature.

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

Insurance company claim

Unfortunately, it is not uncommon for an insurance company to delay payments. There are also cases of refusal to reimburse the agreed amount or disagreement about its amount. In this case, you should not be inactive. But how to write a claim to the insurance company? This is a question that has an answer.

Basic moments

A pre-trial claim must be submitted to the insurance company in writing with a request to give the same written response. The response time 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 is why it is presented below.

Claim Example:

In OJSC “….”

From: Mishchenko Alexander Ivanovich,

Kazan,

st. Heroes of Labor, 7, building 18,

CLAIM

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

On February 17, 2015, I applied to the insurance company (name) with a corresponding application. Upon recognition of the case as insured, the amount of the appointed compensation amounted to (...).

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 made (...). From which it follows that at the present moment OJSC (...) has not paid the amount of insurance compensation required by me by right.

Based on the above, I demand payment in the amount of (...) within five days of receipt of this claim. The indemnity includes the corresponding insurance payment and the costs of 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 am also enclosing an independent review report.

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

Finally

The claim, like any other official document, should be drawn up in the most concise style possible, with references to the relevant paragraphs of legislative acts, indicating all the details and the like. To write it, it is recommended to first study the Civil Code, in particular the law on consumer rights. In this case, the rule "Forewarned is forearmed" clearly applies. Arm yourself with your knowledge of the legal aspects to the fullest! And remember that it is your right to file a claim and demand an answer to it. Well, how to write a claim for a product or an insurance company is no longer a question.

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

The purpose of any claim is to convey full information about the problem that has arisen and to inform the addressee as clearly as possible about the possible consequences of non-fulfillment of obligations.

Claim - This is a written request to the infringing party to voluntarily resolve problematic issues. As a rule, the claim contains reasoned theses that officially inform about violations, contain links to relevant laws and regulations.

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

Statistics show that writing a claim causes difficulties for 90% of those who have started writing such a letter.

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

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

1. Start by pre-writing your letter.

What was the subject or reason for filing a claim.
What result do you expect from the consideration of the claim, that is, what will you require from the addressee.
Gather the evidence base - documents relating to the subject of the claim (contracts, 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 complaint.

1) Set the context in which you tell the recipient about the subject of the letter.

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

We are writing to you about a problem that we encountered during the operation of a vacuum cleaner purchased in 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 Silver Keys Group turned to your agency for help in recruiting. We are asking for your help in resolving this 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 has violated its obligations.

It is important to remember here that the addressee did nothing wrong to you personally. Your recipient must help you, so do not pour mud on him. Try to tell the addressee as fully and objectively as possible how you were offended, what obligations you did not fulfill, what rights you violated.

On the site, this vacuum cleaner was accompanied by a 36-month warranty, but there was no warranty card in the box with it, just as there was no instruction manual. In addition, the online store "***" on the site does not indicate service centers that are ready to work with their goods under warranty.

Your company has not sent a contract for work, although the money for hiring has been transferred. The site manager promised that already on 11/25/2014 at 9.00 the workers would be at the facility at the address indicated in the form. However, neither on November 25, 2014, nor on November 26, 2014 did the team of finishers appear. Managers do not answer hot phone calls.

According to the contract concluded with the Hozyayushka recruitment agency, within 30 calendar days, once every three days, your managers had to send resumes of 3-5 new candidates for the vacancies listed in the contract. Agency services were prepaid for a month. However, within 14 days from the date of the conclusion of the contract, not a single resume was sent. It was not possible to get a clear explanation of the situation over the phone.

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 they do?Tell us about the documents confirming the agreements, 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 abuse to the address of the offender ...

Now take a deep breath and exhale no less deeply ... Try to calm down. And do everything exactly the opposite: instead of humiliating the offender, help save him face. Remember why you chose this particular company. Write about good reviews, about reputation, about the positive experience of previous requests.

This is not the first time we order equipment in the *** online store, and until that time we have never had such problems: all the documents were always included in the kit, although we never complained about the equipment due to its high quality.

There are a lot of positive reviews about your company, which became the main reason for contacting you for services.

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

4) Justify your requirements.

So that your requirements are not unfounded, justify them. Refer to the clauses of the contract, if any, to laws, regulations, regulations, etc. At the same time, make sure that everything is accurate; and titles of documents, and paragraphs, and dates. You can even quote them.

Under the Consumer Protection Act…. Items can be returned or exchanged within 14 days...

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

5) Submit your claim.

Tell the recipient what way out of this situation you see. What would you like: return of 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 case does not go to court, but your dissatisfaction is neutralized.

We kindly ask you to exchange the vacuum cleaner for us 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 cancel the contract and return the prepayment in full.

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

6) Do not drive the addressee into a corner. Look for a way out together.

Although the claim suggests an ultimatum tone. Give the recipient a chance to make a choice. Suggest 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 with the fulfillment of 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 addressee, but just want to defend your interests.

We hope that an acceptable solution will be found, and we will not need 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 look forward to 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 in the form of the letter the details of the addressee and your own.

Specify in the details of the addressee:

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

Please indicate in your details:

Surname and initials
Address
contact number

2) Specify the date the letter was sent.

3) Document's name

On a new line, in 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 the opportunity to address the addressee by name and patronymic. This, on the one hand, will make the addressee feel at home, 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, contact him by position:

Dear director of LLC "KiKO"!

5) At the end of the letter, put a signature:

Sincerely, Korennaya V.I.

6) Specify applications.

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

Applications:

1. Purchase receipt - 1 liter.

2. Warranty card for the product - 1 liter.

3. The conclusion of the examination of the service center - 1 sheet.

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

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

Valentina Root,

	-	Didn't find the information you need regarding business letters? Go to the site and you will find rules and examples of writing 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, please contact us and our professionals will help you with this.	-	-
	-

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

Statistics show that writing a claim causes difficulties for 90% of those who have started writing such a letter.

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

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

1. Start by pre-writing your letter.

What was the subject or reason for filing a claim.
What result do you expect from the consideration of the claim, that is, what will you require from the addressee.
Gather the evidence base - documents relating to the subject of the claim (contracts, 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.