Sample complaint under the consumer protection law

Deadline for responding to a pre-trial claim

The time frame for the at-fault party to respond to a claim under the Consumer Protection Act varies. It all depends on the subject of the disputed legal relationship and its essence.

Refusal to comply with requirements in a claim

The law does not have clear requirements for filling out documents. The response to the claim filed by the buyer is drawn up in any form. In this case, they are based on the rules of business correspondence.

Refusal to consider the requirements in the claim and their fulfillment by the second party must be motivated. In any case, no one can guarantee that the other party will consider the letter and will definitely respond to it. Therefore, if the refusal is unmotivated or the injured party was ignored, you should go to court.

The details for responding to a claim are as follows:

1. Addressee: last name, first name, patronymic of the citizen who sent the document to the legal entity.
2. Date and place of response generation, outgoing number.
3. Reasoned justification for the refusal of the requirements specified in the complaint.
4. A list of documents that relate to the essence of the case under consideration.
5. Company seal, manager's signature.

The review deadline must be met.

REFERENCE: if the deadline for responding to a consumer complaint has been missed or a document has been received and a written refusal has been drawn up against it, you can go to court.

Time limits established by law for consideration of claims under compulsory motor insurance

The period for consideration of a claim based on Law No. 2300-I depends on the requirement:

• replace the product - 7 days;
• terminate the purchase and sale agreement and return the money - 10 days;
• eliminate deficiencies - 45 days.

Refusal to consider a claim or fulfill requirements If a claim is refused or a deadline is missed, the consumer has the right to file a claim in court. As a rule, the period for consideration of a claim is indicated in the terms of the contract or the claim itself.

Reasons for filing a claim

The rules for filing a claim are not fixed in the legal regulations, but there are business customs that indicate the details and form of the document. The document relates to business correspondence. It is usually used in situations where one party to the contract expresses dissatisfaction with the other. It concerns the quality of fulfillment of obligations in various areas of civil law relations.

In practice, before writing a claim, the parties gather for negotiations. But they can take place not only in person, but also by telephone. If no consensus is reached based on their results, then a claim is filed.

The party’s refusal to comply with the request comes after reading the document. In practice, a claim acts as a way out of a problematic situation and helps to cope with a controversial issue. Failure to respond to it within the prescribed period, as well as refusal, exercises the right of a citizen or legal entity to go to court. But in the presence of a mandatory claim procedure. If the law allows for the protection of rights without writing a document, this step can be ignored.

A claim is a method that leads the injured party to resolve the situation peacefully. And the reasons are clear:

• the time period for resolving the issue is reduced, since the claim is resolved as quickly as possible;
• no need to collect documents to submit to court or write a claim;
• There are no additional costs for legal expenses or payment of fees for the provision of public services.

Since 2021, the law has introduced a definition that the claim procedure in specific cases is mandatory. Previously, the decision was left to the discretion of the person who suffered from poor-quality services or goods.

How is a consumer complaint made?

Considering the rich market of goods and services, one can easily guess that in almost any area there is something to complain about. Despite the variety of reasons, the filing of the claim itself looks quite standard. The claim consists of:

• The title, which indicates the addressee of the claim, as well as the details of the applicant. The legal name of the organization where it is sent, as well as the address and contact information, is indicated. The name of the organization or company is indicated according to the data written on the check, receipt or drawn up service agreement. The applicant must indicate not only his full name, but also an address with contact details;
• The title and text of the claim itself. This point should be given special attention. The information part of the consumer complaint is compiled in free form, like many other statements or complaints. It is better to start describing the situation from the moment when the legal relationship between the consumer and the one who provided the product or service began. It is necessary to especially emphasize such points as: the conditions that were discussed and established initially, what exactly was the basis according to the contract being drawn up, what information was provided to the consumer. Then you will need to indicate what exactly the claim is for this service or product. Try to speak briefly and clearly state the facts, avoiding overly detailed descriptions. In a complaint, it is important to show exactly why it was made, and not to talk about the number of scratches on the product or to retell the communication with the service provider in person. A correctly and sufficiently succinct claim is almost half the success;
• Applications, signature and date of compilation. Copies of contracts or checks are used as attached documents. They act as evidence of the fact of legal relations. A variety of papers can serve as additional evidence that you are right.

This is important to know: Where to pay the state fee for an appeal

Rules for filing a claim

The document must be drawn up correctly. This will help resolve the controversial legal relationship before trial, which will save effort and money.

The claim procedure may be mandatory by law. And also at the will of the injured person: he can draw up a document or immediately go to court. The cases where this is possible are as follows:

• determination of the circumstances of the dispute that have legal significance;
• recognition of a citizen, individual entrepreneur, LLC as insolvent;
• dispute regarding a corporate conflict, etc.

The claim must be made in writing. There is no unified model. Business correspondence is taken as the basis.

One of the options for drawing up a document

The document contains details:

• information about the parties, which are the addressee and the sender: last name, first name, patronymic, place of registration, name of the organization, legal address;
• document's name;
• the basis on which the parties came to disagreement with each other;
• reference to legal acts regulating issues in this area of ​​legal relations;
• claim requirements;
• waiting period for a response from the other party;
• notification of recourse to court if a response is not received within the specified time.

Sample letter of claim

As judicial practice shows, judges are more favorable to those plaintiffs who tried to resolve a controversial issue through a claim. But we did not receive an answer or received a refusal.

Please note a number of nuances when writing a claim:

1. The requirements set out in it must be clearly formulated and have a deadline for fulfillment. Any claim made is supported by relevant evidence. If written evidence is not available, oral evidence must be selected. The time period for consideration of the claim must be realistic for the second party.
2. If the document contains a calculation of the amount that should be returned (for example, for low-quality shoes), then it is necessary to provide compensation for the costs associated with drawing up the document, its sending, and the amount of the penalty, if they are established by law.
3. When filing a claim, you should rely on the likelihood of seeking help from the court. Both the content of the demands and the amount of money demanded by the plaintiff must match in two documents: in the claim and in the lawsuit.
4. If (as a general rule, excluding specific areas of legal relations) the answer is not received within 30 days, you can safely go to court.

Claim period and ID period

Friends, a problem has arisen that I had not thought about before. Here, there is a claim procedure (Article 4 of the Arbitration Procedure Code of the Russian Federation). We know that such an order can be found in transport charters (codes). In paragraph 5 of Art. 4 of the Arbitration Procedure Code of the Russian Federation states “... may be referred to the resolution of the arbitration court after the parties have taken measures for pre-trial settlement after thirty calendar days from the date of sending the claim (demand), unless another period and (or) procedure is established by law or agreement.” I draw conclusions: 1) in paragraph 5 of Art. 4 of the Arbitration Procedure Code of the Russian Federation speaks about the time limit for filing a claim with the future defendant, and not about the time limit for filing a claim against the future defendant. 2) this period and procedure for filing a claim can be established, for example, by agreement. And it's all. Sanction - Art. 129, Art. 148 Arbitration Procedure Code of the Russian Federation.

Question. If the contract sets a deadline for filing a claim, for example, within 45 days from the date of violation of the obligation, then what could be the consequences of missing this deadline for the creditor? Those. he filed a claim against the debtor within the ID period, but outside the period established in the agreement. At the same time, paragraph 5 of Art. He complies with 4 APC.

I confess that I have read little about the pre-trial procedure, however, I got the impression that the claims procedure is needed, for example, to unload ships. There was probably another goal: to enable the parties to resolve the issue pre-trial with minimal costs (I recall the German nachfrist institute). In the case of some specific areas of turnover, for example, transportation, it is appropriate to think about showing concern for carriers on the part of the legislator in order to give them the opportunity to prepare for the future process and collect evidence in conditions of mass and uniformity of their activities.

And if we return to the topic of discussion and talk not about the pre-trial procedure itself, but about the deadline for filing a claim. What interests does the legislator pursue by allowing the establishment of such a period? What will be the consequences of missing this deadline if the ID deadline is not violated? Even if we ignore the contractual terms and, for the purity of the experiment, look at Art. 123 UZHT. Okay, I violated this deadline and filed a claim on the 46th day, but within a year. Moreover, according to Art. 124 UZhT, even the expiration of the 30-day period for consideration of the claim will be within “my” year. Is it possible that 1) the carrier may not consider my claim, thereby blocking my right to go to court? or 2) regardless of whether the carrier accepts the received claim for consideration or does not accept it, the very fact of contacting the carrier and the expiration of the 30-day period (Article 124 of the UZhT) gives the creditor the opportunity to go to court (Article 125 of the UZhT)?

I don’t really understand why such a deadline is always needed (after all, this deadline can be drawn up in any contract), but for carriers, tour operators, etc. I would still be able to justify the existence of a claim period... although a shortened period of time solves the protective function of these entities in view of the specifics of their activities and the impossibility of storing evidence of fulfillment of an obligation for a long time. But duplicating this (evidential) function through a claim period seems to me not adequate protectionism. This means there must be some other goal. But then this goal should not block the right to consider the dispute in court if the plaintiff is within the ID period and the defendant is obliged to keep evidence during this period. I looked at the practice, there are different solutions. Some courts do not see a violation in missing the deadline for filing a claim (for example, Resolution 9 AAS dated June 26, 2015 Case No. A40-199572/14). However, an opposite decision immediately came across (Resolution 9 AAS dated March 25, 2015 Case No. A40-178170/14). I couldn't find any reasonable motivation. For what reason it is possible to achieve the actual emasculation of the meaning of the limitation period by smuggling claim periods into the contract, I do not understand. By the way, finally, you can’t ignore paragraph. 45 and 46 UZhT. It seems to me that between the lines one can find indirect confirmation that violation of the deadline for filing a claim does not prevent consideration of the dispute on the merits.

PS, of course, I am confused by the words of paragraph 5 of Art. 4 of the Arbitration Procedure Code of the Russian Federation “... unless other terms (or) procedures are established by law or agreement.” As a civil rights activist, I must, of course, be on the side of good and justice, allowing for contractual freedom. The context of this proposal indicates that we are talking specifically about the time limit for going to court, however, I cannot help but express my internal disagreement. Process is the sphere of public law. The procedure for protecting violated or disputed rights is not a matter of private discretion. The parties can make an independent decision to go to court or not, but not determine for each other the moment when to go to court. With a different approach, the right to judicial protection may be illusory.

Deadline for responding to a claim under the consumer protection law

The time frame for consideration of a pre-trial response claim is divided into reasonable and established in a special law in different areas of civil law relations. A reasonable period of time is the period of time during which the addressee receives the claim, carefully studies the document, fulfills its terms or refuses to do so. According to the rules, this period is 30 days.

Deadlines for responding to a legal entity’s claim

If legal entities argue among themselves, then the time frame for responding to claims from organizations varies. But they are fixed, subject to mandatory pre-trial consideration of a problematic economic issue.

REFERENCE: if the period is not established by the contract, then the definition of a reasonable period is put into effect.

The nuances of determining deadlines and responsibility for violating them

The deadlines are determined by law or contract. The first option is provided if the deadline is not established by the clauses of the contract. The legislator is based on the requirements of reasonableness.

This means that the one who received the claim must have time to fully study, consider, and respond. It also takes time for delivery if it is sent by mail. Therefore, the law sets a reasonable period. It is 30 days.

The period established by the contract concerns conflict situations arising in the economic activities of companies or firms.

What does it mean - a response within a reasonable time?

An indication of a reasonable period for receiving a response is contained in the Civil Code, the Arbitration Procedure Code and the Code of Civil Procedure, applicable to disputes related to the termination of lease agreements, tenancy agreements and eviction. A reasonable period is not specifically indicated anywhere, and it is hardly possible to unambiguously determine what or who can be considered reasonable. The Civil Code of the Russian Federation operates with this concept in relation to the moment of fulfillment of an obligation, the execution date of which is not defined. Reasonable behavior is assessed taking into account:

This is important to know: Appealing a decision to terminate enforcement proceedings

the nature of the obligation in question;

existing relationships between the parties; proven performance conditions affecting the possibility of timely execution.

In other words, the degree of reasonableness largely depends on what a particular judge considers reasonable. The established customs of the business community consider any period of more than a month unreasonable, although variations are possible. For example, we believe that under a supply contract, the performance period from the day the contract is concluded with the supplier plus the time for transporting the goods to the supplier can be considered reasonable.