The first thing you should do after reading thisArticle - go to the bookstore and buy the "Law on Consumer Protection", as well as recommend to do so 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 draw up a complaint letter.
The claims of the consumer and the citizen are governed by different laws.
Some recommendations on the Internet for draftingClaims contain inaccuracies in the part related to claims based on fulfillment of contractual terms and customer claims. It is necessary to distinguish claims between parties - legal entities or claims against a legal entity from a private person as a result of violation of consumer rights.
If you make a claim to the managerthe company, you are a consumer of its services, and your relationship is governed by consumer protection and the relevant Law. If your rights have been violated by your employer, then you have the right to go directly to the court, there is no need to write a complaint letter, your relationship is governed by the Civil Code. The employer can write a statement with legal requirements, but this is not a claim. This document is drawn up in order to then attach it to the case in court and establish the fact of denial of legal requirements. It can be called whatever you want - a complaint, a demand, a statement, it is not essential.
Claim to a legal entity under contractsconcluded between legal entities is not written by an individual, but by a member of the legal department on behalf of the company if the conditions of a contract are violated. The claim is written and specific points of the 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 mentioned above is detailed inin an accessible form explains who is the consumer and in what cases the claim is written. Lawyers use legal illiteracy of the population and take money for what any educated person can write - a complaint letter. 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 Consumer Law, and this is impossible in one article. It is much more beneficial to acquire the Law itself and think a little while reading it.
Letter of claim can be written to privateface a legal entity, if it is a company that sold a poor-quality product or provided a poor-quality service, but only if the rights of the consumer are violated. And a private person is the same consumer. This is not a "duel" or "paper war", as some authors write about the claim. This is a legal defense of their legal rights by legal means.
No need to burn with anger, cry out to conscience orcomplain about the times and manners. 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 here you should not swear and shout. You are a well-bred person. Follow further, calmly and confidently.
When receiving a negative answer, carefullyread 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, go boldly to the court, having determined your moral harm three times, and the guilty party will return you the costs of state duty. The more often citizens are civilized, with full awareness of their rightness, armed with the Law, will defend their rights, the sooner we will turn from a barbarians country into a civil society.
How to write a claim letter
Remember that with any request you need to go tobureaucratic (or official) office, having written it in advance on paper. Be sure to prepare two copies. You give the first 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 complaint (complaint, request, statement) is accepted, the signature of the complainant (complaint, etc.) d.) must be decrypted, the date is required. Regardless of what exactly you want to find out, any state institution or store, company (in the case of upholding the rights of the consumer) has the time stipulated by law in which it owes give an answer. If there is no answer, this is an extra positive argument for you during the court dispute.
First fill in the area where it is indicated to whom and fromWho is the claim. Then the word “CLAIM” is written in the middle of a sheet of paper, this is also a prerequisite. Then you can in any form to state all that you have grieved. Facts, dates and numbers 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 business-like manner.
Write exactly what you want in casepositive decision. If there are documents confirming the stated facts, make photocopies, pin them to the claim and write: "Application", and then by points: 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 for moral damage at this stage is illegal. Moral harm is compensated by court decision.
