LawRegulatory Compliance

How to claim

According to the current legislation, a claim is a document that is a written claim of a property nature from one person to another. The claim specifies requirements to eliminate defects in the goods purchased, the results of poorly delivered services or work performed. The list of situations that cause consumer discontent can be continued indefinitely, and with masters-hackers or unscrupulous sellers meet today is almost at every step.

Everyone knows about the law that protects the rights of consumers. But in practice, most of the inhabitants of our country they almost never use, and therefore do not know how to protect their interests. What is the first thing the buyer does when he finds out that the goods he bought are of poor quality? Naturally, he is looking for the truth to the seller. Well, if the latter is responsive and attentive, and the conflict can be resolved peacefully. However, not always the seller is ready to react to the statement of the unsatisfied consumer and to meet him halfway. In this case, the situation must be translated to "official tracks" and write a complaint statement. And to achieve the desired result you need to clearly imagine how to make a claim competently and to whom it is addressed, which, by the way, most of Russian consumers do not know.

In fact, it is with a pretentious complaint that the process of pre-trial communication with the seller begins, but the final stage of the conflict depends entirely on the correctness of its writing. Specific rules regarding how to write a claim does not exist. But it is desirable to observe some principles of its writing, because the presence of incorrect formulations in the complaint gives the seller the opportunity to use them in their own interests, which are almost always opposite to the interests of the consumer.

So, how to write a claim to the store and who should it address?

First of all, you should never write a complaint in a state of irritation and in the place where you were poorly served, sold goods of inadequate quality or trite cheated. And in general, the best statement is not to write by hand, but print. It is necessary to have two copies of the complaint. One of them is intended for the person to whom the claims are made, the second one remains on hand as an insurance certificate in case if the matter is not settled peacefully, and therefore it will be necessary to apply to the court. Therefore, it is best to go home, think carefully about how to make a claim and what requirements to include in it.

In a complaint, in no case should the request be reflected, it must clearly state all of its requirements (and in a rather tough style) and state the essence of the case as accurately as possible. When, at what time and where the legitimate rights of the consumer were violated, what was the violation? Detailed description of the provisions of the contract (if it exists), list the shortcomings of the acquired goods, outline their requirements for their elimination or reimbursement of the cost of poor-quality goods - these are the main provisions that must be set forth in the pretentious letter. In the claim it is necessary to include references to specific articles of the law that have been violated, and also it is worth notifying the offender that in case of improper execution of the requirements put forward, the court will appeal. A consumer who knows exactly how to make a claim will certainly achieve a positive result.

The claim must be addressed to the head of the firm or individual entrepreneur - the owner of the outlet where the conflict situation occurred. To send it it is possible by mail by registered mail or handed directly to the seller or the head of the company (in this case the person who received the claim must sign for acceptance of the application for consideration). All accompanying documents should be attached to the complaint: checks, contracts, warranty coupons. All the above manipulations must be done with copies of documents, the originals remain with the consumer. Also in the application must be indicated all the requisites of the consumer and the exact date of his writing.

By law, the answer to the claim must be given within ten days.

If, nevertheless, the question of how to make a claim on its own causes difficulties, then it is best to turn to legal advice, where professional professionals will help to quickly and correctly resolve the conflict that has arisen.

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