Sample claim for poor quality services in 2021 and 2021

What is the document for?

By law, a contract for the provision of services implies the fulfillment by one of the parties of their obligations to provide any services, and the second - payment for them in a pre-agreed amount and manner.

If any of the parties violates at least one clause of this agreement, its counterparty can file a claim.

Drawing up a document is the first step towards resolving any disagreements that have arisen.

Based on this, we can say that the role of the claim is quite serious. It allows not only to identify the problems that arose during the execution of the contract, but also to promptly prevent the situation from developing to court.

Sample claim for poor quality security services

quoted1 > > In practice, it is not uncommon to encounter situations where the violator refuses to bear responsibility and evades it in every possible way, even fighting unfairly.

It is important to set out clear requirements in the letter, referring to the same 29th article of the Law “On the Protection of Consumer Rights”.

For example:

If the deadlines are violated, you can demand a refund, negotiate new ones with a reduction in cost, or demand that the order be redirected to another contractor;
When the service provided is of inadequate quality, we can talk about providing commensurate discounts, asking for the work to be redone free of charge, terminating the contract with a refund of the money paid, or asking for the order to be transferred to another person.

If you are unsure how to properly file a claim, even using this sample document, it is recommended that you consult with a qualified attorney. Especially if a low-quality service is provided by an unscrupulous contractor.

In most cases, you also have the right to demand a financial penalty (fines, penalties) for each day of delay for failure to fulfill agreed obligations. When wondering where to complain about a poor-quality service provided, first of all you should make an official statement to the contractor.

A copy of the warranty card for the service, etc.
Copy of payment documents;

How to return a product of poor quality without packaging?

Read about how to return a defective product without a receipt here.

For a sample of drawing up a claim under a contract for the provision of services to a customer, read the link: https://uropora.ru/zashhita-prav-potrebitelej/pretenzionnyj-poryadok/pretenzii-po-tovaru/obrazec-pretenzii-po-dogovoru-okazaniya-uslug-zakazchiku .html The main reason for filing a claim for the provision of poor-quality service is any dissatisfaction of the client with the service provided and the justified demand of the customer:

The goals set when ordering services were not achieved;

What can you ask for in a claim?

The requirements in the claim depend on which clauses of the contract are violated. The main thing is that they correspond to the main purpose of creating this kind of documents: to force the other party to fulfill its obligations.

At the same time, if the essence of the claims from the contractor is almost always obvious and unambiguous: a demand for payment for their services, then for the customer this list can be much wider. In particular, he may demand a reduction in the cost of services (provided that he was not satisfied with their quality or quantity), free elimination of the negative consequences of the service provided, termination of the contract and reimbursement of expenses incurred, etc.

Also, if the terms of the contract are violated, both parties may insist on payment of a penalty, even in cases where this rule is not stated in the main document (here Article 332 of the Civil Code of the Russian Federation comes into force).

When to file a claim

There is a huge variety of types of services that are provided by organizations or individual entrepreneurs, both to an ordinary citizen for his personal purposes, and to other commercial entities. Determining the status of the parties to the agreement is the first thing that should be done when a dispute arises over poor quality performance, since it depends on what rules are to be applied.

There are two options:

Both participants are business entities. We are guided by the provisions of the Civil Code of the Russian Federation.
Customer is an individual (consumer). We apply the provisions of Law No. 2300-1 “On the Protection of Consumer Rights” dated 02/07/1992.

For certain species, additional legal acts have been adopted to regulate them. For example, for freight transportation - Government Decree No. 272 “On approval of the Rules for the transportation of goods by road” dated April 15, 2011, for tourism activities - Law No. 132-FZ “On the fundamentals of tourism activity in the Russian Federation” dated November 24, 1996.

The main difference in the subject composition of the contract lies in the variety of requirements that the party whose interests are violated by poor-quality performance has the right to present. In the article we will consider in detail the possibilities of a consumer - an individual if he has claims against the actions of the performer due to the existence of narrowly focused regulation of such legal relations.

Among the problems that arise during the execution of a contract, it is necessary to specify cases when the work:

not fulfilled or performed in violation of the established period;
made of inadequate quality.

The Consumer Protection Law provides for various consequences for the above violations. For example, Art. 28 of Law No. 2300-1 establishes possible rights in case of violation of deadlines, and Art. 29 - in case of poor quality of their provision.

To make your claim more convincing and help solve the problem, study court decisions in similar cases. The database of judicial practice in ConsultantPlus will help you find them (get free access to it by clicking on the link below). The database contains decisions of all Russian courts, and the search is as simple as in Yandex. Be sure to refer in the text of the claim to those cases that the court decided “in your” favor.

Key nuances when filing a claim

The claim, like the contract itself, can be drawn up in any form, but it is important that in its structure and form it complies with the standards of office work, and in its content and text - with the rules of the Russian language.

The claim should always indicate in order:

the name of the company on behalf of which it is written;
the name of the organization to which it is sent;
addresses of both parties.

The document must contain a title, and it is also necessary to make a reference to the main agreement (entering the number and date of its preparation in the form).

The main part should describe in detail the essence of the claim, including indicating the clauses of the contract that were violated. If the claim is accompanied by any additional papers, photo and video evidence of violations, they must also be mentioned in the document as a separate paragraph.

Next, you need to provide a summary that summarizes all of the above. It should indicate your requirements and the deadline for their fulfillment. Also, do not neglect the warning that in case of refusal to fulfill the claim, the interested party reserves the right to appeal to the court.

Sample pre-trial debt claim

This document does not have a clearly approved form. If one person wrote to another that it is time to pay their debts, describing the situation, referring to the contract and regulatory documents, indicating exactly the amount of the debt, then this is already a document that can be called a claim. The main thing is that it is clear who is making demands, to whom and for what reasons.

and familiarize yourself with a sample pre-trial debt claim.

As a guide to the form of such a document, you can take a sample statement of claim for debt collection. It is enough to remove all information about the court, replace the words plaintiff and defendant with debtor and creditor, and the claim as a legally significant document will be ready.

How to file a claim

There are no special requirements for the execution of the document, as well as for its preparation. This means that the claim can be written on a simple blank sheet of any convenient format, or on the company’s letterhead, by hand or in printed form (the latter option is convenient because you do not need to enter the sender’s details and it is easy to make copies). But if the terms of the contract stipulate a specific format for writing and filing a claim, then, of course, you need to follow it.

The claim must be signed by the head of the company or an employee who is responsible for resolving specific issues identified in the document (the signature must only be “live”, the use of facsimile autographs is excluded).

It is not necessary to certify a claim using various types of clichés, since since 2021, companies have the right to endorse their documentation with seals and stamps only if this norm is specified in their local regulations.

The claim is drawn up in two copies , which are identical in content and equivalent in law.

After drawing up the claim, it should be registered in the document log, and the sent option should be noted in the outgoing correspondence log.

The claim can be sent by registered mail with acknowledgment of receipt, or submitted by courier or company representative (in this case, you must obtain the signature of the counterparty’s representative confirming receipt of the document).

Claim for poor quality services

/ / Updated 09.10.2021 Author of the article: Reviewer: 2021-10-17T15:02:13+03:00 According to the law, the counterparty sends a claim for poor quality services both in the event of purchasing a defective product and in a situation where the client is dissatisfied quality of services. But, unlike goods, services are much less tangible and much less amenable to standardization.

Russian consumer legislation does not provide an exact definition of what is meant by a service.

In practice, many lawyers are inclined to the following interpretation: a service is an action (or a set of actions) aimed at the benefit of the consumer and without a clear material result.

In this case, the service is sold and consumed in the process of performing these actions. Legal scholars also distinguish services from works, although the law does not make a clear distinction between them. The main criterion here is the result. The result of the work is the creation of a new or modification of an existing object. But the results of providing services do not always have material expression.

Therefore, conflicts over them have much more nuances and are more difficult to resolve than other consumer troubles.

Only those who thoroughly know their rights have a high chance of success in such cases.

From this point of view, installing doors, laying pipes, making keys, replacing heels on shoes, gluing wallpaper, repairing the roof of a house or decorating a balcony with clapboard are works, while accounting, security, cleaning an apartment or transport are services. However, there are many areas that do not meet this logic.

For example, the service for making dentures has a very specific result. The activities of a financial broker who manages his client’s capital also affects the latter’s income.

The difference between works and services can be traced even in the types of contracts concluded with clients. So, if you need to install electricity in a country house or install a plastic window, they will most likely conclude a contract with you.

We recommend reading: Analytical report on the organization of building maintenance

After writing a complaint

A submitted complaint can have different consequences:

The first and most convenient for everyone is the elimination of shortcomings and further cooperation.
The second is ignoring requirements. In this case, the law allows for the possibility of unilateral termination of the contract, even if such a clause is not in the document itself.

Also, a party that has suffered losses due to failure to comply with the terms of the service agreement has the right to go to court.

The claim in this case will serve as further evidence of a violation of obligations by the second party.

What types of penalties are there?

The creditor has two ways to collect the resulting debt:

claim (pre-trial) procedure;
judicial procedure;

It should be noted that both of these methods cannot be considered as two separate ways of resolving a debt collection dispute. Or rather, they are interconnected and consistent. In some cases, the legislation establishes the impossibility of going to court without taking pre-trial measures to resolve the dispute (for example, these are disputes under contracts for the carriage of goods, transport expeditions).

A mandatory claim procedure may also be specified in the contract. In any case, you should not neglect the claim procedure for resolving a dispute - this will help save time and money, as well as “relieve the load on the courts.”

The judicial path to resolving a dispute begins with the filing of a statement of claim in court and ends with the receipt of a writ of execution. After receiving the writ of execution, it must be handed over to the bailiffs and then the long process of enforcement proceedings begins. As mentioned earlier, the entire legal procedure from the moment the claim is filed until the debt is received can take many years, which is a very disappointing fact.

Response time

The Federal Law of the Russian Federation “On PPP” does not say within what time frame a violator of the provisions of an agreement on the provision of paid services must respond to a received pre-trial claim. However, this legislation reflects specific time periods during which individual consumer requirements must be satisfied. The following options are possible:

Elimination of detected deficiencies in the service provided - the applicant sets a specific period at his own discretion. This information must be indicated in the claim.
Reduction of the contract price, reimbursement of expenses for independent elimination of the consequences of poor work, return of the full cost of services provided - for such requirements a period of 10 days is provided (Clause 1, Article 31 of the Federal Law of the Russian Federation “On ZPP”).
Free execution of the ordered service for the second time - the period for satisfying such a request corresponds to the period allotted for an urgent order. If a specific time interval is not established, then the number of days allocated for the provision of the relevant service under the initial contract is taken as a basis.

If the executor does not agree with the requirements put forward in the pre-trial appeal, then he has the right to send the applicant a reasoned refusal to satisfy specific requests.

A contractor who receives a complaint regarding the poor quality of the service provided should promptly respond to it. Otherwise, he will face a fine of 3% of the price of the service. Moreover, this penalty will have to be paid daily (Clause 5, Article 28 of the Federal Law of the Russian Federation “On ZPP”).

Additionally, it is worth noting that if the customer refuses to accept a service that was performed with violations, then the contractor will not be compensated for the expenses that he incurred during its provision (Clause 4, Article 28 of the Federal Law of the Russian Federation “On ZPP”).

What is an agency agreement? What is the procedure for concluding an outsourcing agreement, public offer or additional agreement? Why do we need an acceptance certificate for services rendered? All answers to your questions can be found in separate materials on our portal. Experts will also tell you how to terminate a contract, including unilaterally, send a letter of termination to the addressee and sign a contractual document between legal entities.

Claim for poor quality service

. An agreement was concluded between the contractor and the customer for car repairs.

The reason for contacting the contractor was a malfunction of the automatic transmission of the customer's car. To cover the cost of troubleshooting, the customer deposited funds into the contractor's cash desk.

However, the contractor never fulfilled his obligations. The customer demands the return of the funds contributed toward the cost of car repairs.

To:___________________________(address)___________________________ From: (full name)_________________________________(address)_________________________________ CLAIM Based on an agreement for the provision of services (performance of work) for the maintenance and repair of a vehicle dated __.__.____, concluded between ______________, hereinafter referred to as the Contractor and me – __________________, hereinafter referred to as the Customer, the Contractor assumed the obligation to repair the car that belongs to me ______________ registration plate ____________. The reason for contacting ________________ was a malfunction of the automatic transmission of the car that belongs to me. I deposited funds into the Contractor’s cash desk to cover the cost of eliminating the malfunctions in the amount of __________ rubles. Thus, I fulfilled my obligations to the Contractor in full and in accordance with current legislation. In accordance with Art.

309 of the Civil Code of the Russian Federation, obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with business customs or other usually imposed requirements.

However, _______________ never fulfilled his obligations. After the fault was eliminated and I had the opportunity to pick up the car, initially during the operation of the car, faults were identified indicating the impossibility