The first thing you should do after reading this article is to go to the bookstore and buy the “Consumer Protection Law”, and also recommend this to all your friends and acquaintances. The Law has it all: a list and content of articles, applications and samples, on the basis of which you can easily compose a claim letter.
Consumer and citizen claims are governed by different laws.
Some recommendations on the Internet for the preparation of a claim contain inaccuracies in the part that relates to claims made on the basis of fulfilling contractual conditions and a consumer claim. It is necessary to distinguish claims between parties - legal entities or claims to a legal entity from a private person due to violation of consumer rights.
If you make a claim to the management company, you are a consumer of its services, and your relationship is governed by consumer protection and the relevant Law. If your rights are violated by the employer, then you have the right to directly go to court, there is no need to write a letter of claim, your relations are regulated by the Civil Code. An employer can write a statement with legal requirements, but this is not a complaint. This document is compiled in order to later bring it to the case in court and to establish the fact of refusal of legal requirements. It can be called anything - a complaint, a demand, a statement, this is not essential.
A claim to a legal entity under contracts concluded between legal entities is not written by an individual, but by an employee of the legal department on behalf of the company if the terms of a contract are violated. A claim is written and specific points of a previously concluded contract are indicated. Disagreements on contracts of this kind are considered by the arbitral tribunal.
We write complaints when our consumer rights are violated
The law, which was mentioned above, explains in detail and in an accessible form who the consumer is and in what cases the claim is written. Lawyers use the legal illiteracy of the population and take money for what any educated person can write - a letter of claim. In the store you have a contractual relationship as soon as you buy any product. There is no need to retell the content of the Law on Consumers, and this is impossible within the framework of one article. It is much more useful to acquire the Law itself and think a little while reading it.
A letter of claim may be written by a private person to a legal entity if it is a company selling low-quality goods or providing low-quality services, but only if the consumer’s rights are violated. A private person is the very consumer. This is not a “duel” or a “paper war”, as some authors write about the claim. This is the legal assertion of their legal rights by law.
No need to glow with anger, appeal to conscience or complain about times and customs. Do not waste your and other people's nerves. What for? When there is a law, it must be EXECUTED. Act in accordance with it. It is possible that the claim letter will have an effect on unscrupulous sellers, and you will be able to come to a positive decision. If not, then you should not swear and scream. You are a well-mannered person. Follow on, calmly and confidently.
If you receive a negative answer, carefully read the Law. At this stage, you can get legal advice, if not everything in the law is clear. After making sure that the truth is on your side, feel free to go to court, having determined your moral harm three times, and the guilty party will return the costs of the state duty to you. The more often citizens, civilized, with full awareness of their innocence, armed with the Law, begin to assert their rights, the sooner we will turn from a country of barbarians into a civil society.
How to write a claim letter
Remember that with any request you need to go to the bureaucratic (or official) office, having written it in advance on paper. Be sure to prepare two copies. You give the first to the secretary or official (depending on the level of the official), and on the second copy, yours, (without fail!) A standard note is made that the claim (complaint, request, statement) is accepted, the signature of the person accepting the claim (complaint, etc.) e.) must be decrypted, the date is required. Regardless of what exactly you want to find out, any government agency or store, the company (in the case of defending the rights of the consumer) has the deadlines specified by law in which it is obliged to give an answer. If there is no answer, this is an extra positive argument for you during the litigation.
First, fill in the corner where it is indicated to whom and from whom the claim is directed. Then the word “CLAIM” is written in the middle of the paper, this is also a prerequisite. Then you can spell out in arbitrary form everything that has become painful for you. Facts, dates and figures must be reliable. The artistic side does not matter, but it will be very nice if the circumstances of the case are stated in a dry and businesslike way in the claim.
Write what exactly you want to receive in case of a positive decision. If there are documents confirming the facts stated, make photocopies, pin them to the claim and write: “Appendix”, and then point by point: 1,2,3 - list what is attached to the claim. Do not forget to put the date and signature legibly. Now you know how to write a claim letter if your rights as a consumer are violated.
Be sure to buy the Law and keep in mind that the desire to compensate moral damage at this stage is unlawful. Non-pecuniary damage shall be compensated by a court decision.