27 Sample applications and claims for refunds

Situations when it is necessary to return money mistakenly or excessively transferred to the account of a counterparty are not uncommon in financial practice. This situation is not pleasant, but it is not hopeless either - it can be resolved by sending a letter about the return of funds to the servicing bank.

In this review you will find information on how to correctly draw up a letter for a refund of funds (we will provide a sample for each of the possible situations), recommendations on the specifics of forming a letter in relation to each case, as well as explanations on how to write a claim letter for return of funds (sample with footnotes to the legislative framework), which is used in cases where the counterparty to whose current account the funds were received is in no hurry to return them.

Samples of applications and claims for refunds

To get your money back, you need to prepare a claim. The current legislation does not specify the form of the document. However, paperwork must be completed taking into account accepted office work standards. If a citizen has not previously encountered the preparation of official documentation, writing a claim on their own can be problematic. Therefore, it is better to use a ready-made sample and get advice. This minimizes the risk of errors.

Sample application for return of defective goods

Sample application for return of quality goods

Sample application for a refund for goods after repair

Sample application for a refund for a phone

Sample application for a refund for services rendered

Sample claim for refund for undelivered goods

Sample claim for a refund for a service not provided

Sample claim for a refund for an air ticket

Sample claim for a refund for goods purchased in an online store

Sample claim to a fitness club for a refund

Sample application for refund of money under a loan agreement

Sample claim for refund of funds to an individual

Sample claim for refund of funds between legal entities

Sample claim for the return of overpaid funds

Sample claim for the return of erroneously transferred funds

Sample pre-trial claim for refund of money due to refusal to fulfill an agreement

Sample application for a refund for damaged goods delivered

Additional forms for special cases can be found in the sections of the site, examples of filling out in the corresponding section.

Instructions for filling out the document

By law, a citizen is obliged to file a claim for pre-trial resolution of the dispute. When filling out the application form, you must comply with the following rules:

adhere to a business style of presenting information;
avoid factual and grammatical errors;
present information consistently;
clearly define the requirements;
Avoid insults and displays of emotion.

To enter information, use a standard A4 sheet. The document can be written by hand or printed on a computer. A claim made orally is not considered made. When drawing up a document, you must follow the established structure. To familiarize yourself with it, you should download the file containing a sample claim.

The document is prepared according to the following scheme:

The data is entered into the document header. It is fixed in the upper right part of the sheet. Then they reflect the name of the organization to which the claim is sent. Reducing information is unacceptable . The name must be reflected in full. The legal form of the company and legal address must be specified.
Information about the person heading the company is recorded. Information is also included in the header of the application. The claim is sent to the general director , chairman of the board or manager. In practice, a citizen may not know the position of the person heading the company. In this case, the address “manager” is used.
Enter data and information about the applicant. The claim must include the full name of the citizen who wishes to return the funds, place of residence and information for operational communication. You can enter a phone number or email address.
The name of the document is fixed. It is placed in the middle of the sheet.
Reflect the essence of the requirements put forward . The date of purchase of the goods, the purchase price, the presence of a receipt and invoice are indicated.
Reflects the reasons for the refund .
Provides links to regulations that allow you to make a claim.
Specify the requirements put forward . It is necessary to record the time for providing a response to the application. You cannot violate the law. The consumer rights protection law states that government agencies and structures provide a response within 30 days. For individuals, the period is reduced to 10 days.
The preferred form of response to the complaint . You can ask to be notified of the decision via standard mail or email.
Displays a list of applications . This includes documentation that supports the application. The documents confirm the data reflected in the claim.
Reflect the date of the claim, provide the signature, full name and initials of the applicant.

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A citizen is not required to contact the authorized body in person. If a visit is not possible for any reason, it is permitted to act through a representative. To certify the powers of the authorized person, a power of attorney is drawn up. The document is included in the list of attachments and mentioned in the application.

What can you demand?

Refund of funds is not the only demand that can be made against the company. A citizen has the right:

collect penalties, penalties or fines;
demand a reduction in the cost of work;
ask the organization to eliminate defects or pay for repair work;
terminate the contract and demand a refund.

What to include as confirmation

Usually the statement is supplemented by:

checks;
results of the examination;
purchase and sale agreement;
act of acceptance and inspection.

The list of papers depends on the specifics of the situation.

Rules and nuances

The letter of claim is prepared in two copies. They must be identical.

The first is provided to the addressee. The document will remain with the company for further consideration. A second copy is provided for signature. The document remains with the consumer. The paper confirms that the claim has been received. The seller who accepted the request writes down the full name on paper and signs. A stamp is also welcome.

Anatoly Pavlovich

Lawyer - consultant

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In practice, the seller may refuse to consider the request. Taking this nuance into account, the claim is sent by mail. You must use a registered letter with a description of the attachment and a receipt.

The calculation of the period provided for a response starts the next day after delivery. If the application was sent by mail, the period begins to count from the next day after delivery of the letter.

Submission deadlines

For a defective product, a claim must be submitted within 14 days. If a citizen is dissatisfied with the service provided or work performed, he can file a claim within 2 years, if the warranty period is not specified, or its duration is less than 1 year (clause 2, 4 of Article 724 of the Civil Code of the Russian Federation). In another situation, you can make a claim during the warranty period (clause 1 of Article 722 and clause 3 of Article 724 of the Civil Code of the Russian Federation).

Methods of circulation

Individuals and legal entities have the right to submit a claim for a refund. If partnerships have been established between the companies, the application is sent by email. However, the method of interaction must be reflected in the agreement . If the information is present, sending an electronic complaint will be sufficient. Its presence will be taken into account if a statement of claim is filed and the case goes to court.

When ordinary citizens file a claim, the electronic form is used less frequently. The complaint is recorded in writing. The finished paper is provided in person. The document is provided to the person responsible for receiving incoming correspondence.

In practice, the location of the company may be significantly remote from the citizen’s place of residence. In this case, the document is sent by mail. To send, use a letter with a list of attachments. Keep the second copy for yourself. The documentation is supplemented with a shipping receipt and a copy of the list of attachments on which the postal worker has put the appropriate mark. The paper acts as evidence of compliance with pre-trial order.

Review and response time

When filing a claim, you must indicate the time frame for providing a response. During this time, the organization is obliged to consider the claim and make a decision to satisfy the requirements or refuse. The period must not contradict the requirements of current legislation.

Establishing a period that is too short may become a reason for deeming the claim procedure not followed.

To an individual

When submitting a claim to an individual, you must comply with the provisions of the consumer protection law. A minimum of 10 days must be provided for consideration of the application. A person wishing to return funds for a product or service has the right to extend the period at his own request, giving more time to respond. However, the deadline cannot be shortened.

Examples

Legal entity

If the appeal is sent to a legal entity, the deadline remains the same. The applicant must be given at least 10 days to respond. The desired period is recorded in the application.

The exception is applications sent to government agencies and bodies. The period is extended to at least 30 days.

How to send a letter

A letter of complaint can be sent in several ways.

Email;
Fax;
post office.

The simplest and fastest options: via email or fax. But the most reliable way is conservative sending through Russian Post. It is interesting in that it makes it possible to send a message by registered mail with return receipt requested, which in turn will indicate that the addressee is guaranteed to have received it. The disadvantage here is also quite obvious - with this method you need to have a reserve of time. The most effective would be to combine two options: for example, sending copies of the letter via regular and email.

What can be returned

You can return almost all goods purchased at retail outlets. Online stores are no exception. The returned product must be of appropriate quality. Otherwise, the return will be refused. The exception is cases where the product was initially defective, but the defect was not immediately noticed.

Alexander Mironov

Lawyer - consultant

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It is noteworthy that the law initially does not mention the return of goods, but its replacement. Refunds are provided if the analogue is not on sale or cannot be provided for any other reason. Statistics show that in most cases sellers meet buyers halfway. They agree to refund the money if the customer refuses to exchange the purchase.

Sample letters

To confirm the arguments for the need to return funds, copies of payment documents should be attached to the letter. The letter is drawn up in two copies and recorded in the internal correspondence journal.

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

One copy of the document must be sent to the addressee, the second is archived in the outgoing documentation of the enterprise division, the representative of which is its originator.

At the request of the enterprise management, the number of internal copies of the letter can be increased depending on how many departments require archival storage of its copy. Data on the number of copies of the letter at the enterprise must be included in the inventory of documents related to the execution of the contract.

A letter about the return of funds can be certified by a person who has the right to sign - the director (deputy director) or the chief accountant. The responsible executor (drafter of the document) must also put his signature.

It is possible to return money previously paid to a counterparty or received for the supply of inventory items in several cases. Briefly about each of them.

What cannot be returned

However, a list of exceptions has been established. The following cannot be returned:

medicines;
Food;
personal hygiene items;
products reflected in the Decree of the Government of the Russian Federation No. 55 of January 19, 1998;
complex equipment, with the exception of faulty equipment, reflected in the Decree of the Government of the Russian Federation No. 924 of November 10, 2011.

If the product does not fall into the above list, the seller has no right to refuse a return or exchange if all established rules are met.

How to get money back

Having analyzed the practice of financial transactions, we can identify the following most common reasons for returning money to a current account:

excess prepayments;
transfer error (to the wrong counterparty or to a different current account);
changing the terms of the agreement or completely terminating the contract.

To increase the likelihood of a refund, also indicate in the letter: reasons, correct details, amount, period during which the return must be made.

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Why and when is a claim needed?

A claim is filed if a party has violated property or monetary obligations. They can be reflected:

Through verbal agreements. Not all transactions are accompanied by the preparation of contracts or receipts;
In written agreements. An example is a purchase and sale agreement;
In regulatory legal acts. The law on the protection of consumer rights reflects that a claim can be filed even if the possibility of filing it is not reflected in the contract.

Alexander Mironov

Lawyer - consultant

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For most obligations, deadlines are fixed in advance. By issuing a receipt, the parties specify the period for the return of funds. If the deadlines are violated, you can prepare a claim or initiate legal proceedings.

In most cases, it is not necessary to prepare a claim. The legislation reflects only a few situations in which compliance with pre-trial order is necessary. However, the parties have the right to independently reflect in the contract the need to file a claim. In this case, it is necessary to draw up a document before preparing a claim.

Companies widely use the claims procedure. He helps:

remind the counterparty of the need to fulfill obligations;
warn about going to court;
fix a new deadline within which obligations must be fulfilled;
demand payment of fines and penalties.

If the claim is drawn up correctly, it can be referred to in a claim sent to court. The judge will take into account the attempt to resolve the conflict peacefully. As a result, the defendant's chance of reducing the amount of the penalty or obtaining a deferment will be minimal.

By receipt

If a loan agreement has been concluded between the parties or a receipt has been drawn up, you can submit a claim from the first day of delay. In practice, staged refunds are used. In this case, it is permissible to send a letter of claim for each part of the overdue debt . The agreement fixes the exact period for repayment of borrowed funds. As a result, it is not difficult to determine the moment of delay.

If the receipt is drawn up between private individuals, the return period is not always fixed. Experts do not advise using the method, even if money is provided to relatives or friends. If an exact refund date is not specified, the arrangement is valid for a specified period. In this case it is necessary:

Make demands for termination of the receipt or agreement.
Provide the borrower with a reasonable period of time to repay the amount. The period must be at least a month. The citizen has the right to make payment earlier.
When the period specified in the notice has expired, you can file a claim or go to court. The statement of claim allows you to demand the return of the principal debt and penalties. The court must be asked to terminate the previously concluded contract.

Anatoly Pavlovich

Civil lawyer

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The return procedure will take longer than if there is an exact payment deadline. In practice, documents confirming the provision of funds may be missing altogether. You will have to provide additional evidence. They can be:

bank statements on funds transfers;
witness statements;
audio and video recordings.

The list is not exhaustive. It is acceptable to present other evidence .

Example of a claim if there is no date in the loan agreement

Example of a claim if there is a date in the loan agreement

To protect consumer rights

A citizen has the right to demand a refund for a low-quality product if there is no analogue for replacement. Additionally, you may receive penalties and interest . Their size is 1% per day of the amount of unfulfilled obligations. When submitting a claim to the seller or contractor, you must comply with the following rules:

20 days are provided for consideration of the application;
if the deadline for consideration of the claim is violated, the application is left unanswered, or the seller refuses to pay, although the citizen is right by law, an additional fine of 50% ;
At the same time, you can contact Rospotrebnadzor.

If a partial refund was made, this feature must be reflected in the claim. Penalties are accrued only for unfulfilled obligations.

To the insurance company for compulsory motor insurance

According to compulsory motor liability insurance, the law on the protection of consumer rights applies if the client is an individual. A claim can be submitted:

in case of refusal of the company to provide compensation;
when the amount of payments is underestimated;
in case of violation of the deadlines for transferring funds.

In 2021, the procedure for considering applicants' claims has undergone changes. Now the court will consider the documents after contacting the financial ombudsman. The rule also applies to claims. The claim cannot include claims for compensation for moral damages. Its compensation occurs only in court.

Example of a claim for underestimating the amount of payment under compulsory motor liability insurance

Sample claim for violation of the terms of payment of compulsory motor liability insurance

To the culprit of the accident

If an accident occurs, claims for compensation are presented to the culprit. The person will be required to independently compensate for the damage if there were not enough funds under compulsory motor liability insurance, or the insurance was not valid at the time of the incident. The amount is determined after an independent assessment or taking into account the materials of the insurance case.

Sample complaint to the person responsible for the accident

According to ddu (share participation agreement)

If a citizen has a claim against the developer within the framework of the DD, the process of making claims is regulated by the Law on the Protection of Consumer Rights and Federal Law No. 214. You can collect a penalty in the amount of 1/150 of the refinancing rate for each day of delay. But you can make demands in the following cases:

the apartment delivery deadline has been violated;
the agreement is terminated;
the developer did not eliminate the defects of the apartment.

Sample claim for refund of funds under DDU

When is money written off without your knowledge?

There are many possible reasons why funds are written off without your confirmation, and not all of them are caused by fraudulent activity. So, in some cases, such a write-off is even quite legal:

if you have activated automatic payment for any service or have a subscription. For example, if you have paid software installed, money is usually debited automatically once a month or year;
if you have paid banking services connected, and the agreement with the bank stipulates the possibility of direct debiting (i.e. without the user’s consent). However, there is one caveat: banks are prohibited from writing off money that does not exist. In other words, they do not have the right to take the balance of debit cards into the negative;
at the request of the bailiff on the basis of a writ of execution, in accordance with which funds must be collected from the account owner;
at the request of the tax authorities, the amount of taxes and fees may be written off;
if insurance contributions to the Pension Fund or Social Insurance Fund are collected.

In these cases, the bank has the right to write off funds without the client’s consent. If you disagree with such a write-off, you must contact the organizations at whose request this write-off occurs.

But more common cases are when the bank is to blame for the write-off. Thus, according to statistics, every second user of banking services has encountered one of the following problems:

When withdrawing cash from an ATM, no money is issued, but the amount is debited from the card;
the account replenishment operation fails and as a result the money is not credited;
money is written off for banking services that you did not activate;
the same payment is debited twice;
commissions are written off for payments that were not provided for servicing the bank account.

Such problems are usually caused by technical errors on the part of the bank. Usually in such cases the bank meets the client halfway and, upon his request, returns the funds. But it happens that the bank does not admit its mistakes, and you have to communicate with it in a complaint manner.

But the most serious problems arise when money is written off due to fraudulent actions by bank employees. Criminals can use access to your personal data and write off money from your account. In this case, with a high degree of probability, you will need not only a statement to the bank about fraudulent activities, but also a statement of claim to the court. In such cases, banks try to shift responsibility onto the employees who committed fraudulent acts, so you will need a good lawyer to sue the bank for stolen funds and compensation.

For product

If a purchase is made that does not suit the citizen, the product can be returned. Moreover, it can be of proper or improper quality. Return rules vary depending on the presence of defects.

Examples of statements can be found at the beginning of the article.

Requirements for returned goods

The seller is obliged to return the money if it is impossible to replace the product. Otherwise, the buyer will be provided with an analogue.

Returns are possible if the product meets the following requirements:

has no signs of use;
retained consumer properties;
labels and seals are intact;
presentation preserved;
the product can be returned.

In other cases, the citizen has the right to reject the claim on legal grounds .

Inadequate quality

Usually citizens want a refund for defective goods. During the purchasing process, it is not always possible to examine the product in detail and notice defects. In this case, the claim is made according to the following scheme:

information about the seller and buyer is recorded in the header;
the main text describes the product, date and place of purchase, details of payment documents;
reflect information about the malfunction, indicate the grounds for a refund;
record the date and signature.

Payment documents must be attached to the application. If you purchased goods on credit, you can demand reimbursement of all loan costs.

Proper quality

You can return goods of good quality within 14 days. The product must retain its presentation, seals, and labels. It cannot be used. Refunds are made if there is no replacement available. A claim to receive funds is filed according to the classic scheme.

Undelivered goods

If the goods were not delivered on time, the claim is filed in the standard way. In addition to basic information, the contract data is recorded:

document details;
delivery terms;
clauses of the agreement that were violated.

It is necessary to reflect the amount to be returned. Return deadlines are specified separately. The buyer may demand a penalty for each day of delay. The demand for compensation is recorded in the text of the claim.

To whom is it sent and how is it transmitted?

A letter about excessively transferred funds must be sent to the manager, even if it is signed by an accountant or other specialist of the affected organization. No one other than the manager can give orders for the payment of funds to third parties. And it is better for the chief accountant not to take on such responsibility.

The person who has received unjust enrichment may not satisfy the request stated in the document. In this case, the organization sending the letter must take care of evidence that the addressee received the request. Therefore, it is better to send a refund notification:

through the office or reception of the head, provided that the second copy of the letter is affixed with a company stamp, date and signature of the employee who received the document;
according to the acceptance certificate, which will indicate the signature of the official who received the letter;
by a valuable letter with a description of the addition, if the counterparty refuses to independently accept the notice.

If the funds are not returned voluntarily by the counterparty, the refund of overpaid amounts must be made in court.

For the service

There are 3 classic situations in which you can request a refund for a service:

Established deadlines were violated. The consumer can compensate for the damage and return the money in whole or in part.
The quality of the service does not correspond to what was stated. In fact, the performer performed the actions, but the result did not suit the customer.
The service is not provided at all. It's the easiest way to get compensation.

To protect rights, you need to send a pre-trial claim to the performer.

Examples of statements can be found at the beginning of the article.

Poor quality

Document preparation is carried out according to the classical scheme. The author of the claim specifies the reasons why he considers the service provided to be of poor quality, reflects information about the agreement, and records the requirements put forward.

Not provided (refusal of execution)

It will be possible to claim funds if a written agreement has been concluded between the parties. The contract must contain a list of services, terms of provision and the cost of advance payment.

The claim is sent to the official. The header contains information about the contractor and the customer. The text of the document reflects information about the contract and provides links to points that were not fulfilled. The claim demands the return of the advance payment and termination of the contract.

If there is no agreement

It is problematic to return funds without an agreement . Usually it is possible to recover only for the service rendered. The standard claim must be supplemented with evidence confirming the existence of legal relations between the parties. It can be:

checks and receipts;
bank account statements;
receipts for receipt of funds.

Rules for writing a letter

The letter of complaint does not have a standard unified template that is mandatory for use. It can be compiled in free form or according to a template developed within the enterprise. However, there are a number of rules that must be followed in any case during the writing process.

The letter of complaint should always include

information about the sender and addressee (if we are talking about legal entities, their full names must be indicated here, as well as, with regards to the addressee, the position and full name of the person for whom it is intended);
the reasons for its writing with references to clauses of the contract, laws and other norms that were violated;
possible ways to solve the problem and sanctions (also in accordance with the legislation of the Russian Federation) that may occur for the addressee in case of inaction.

If the letter contains any amounts and deadlines, they must be entered both in numbers and in words.

If there is any additional evidence, it can be added to the letter in the form of attachments (this could be checks, receipts, additional agreements, photos, links to video files, etc.). At the same time, the letter itself must necessarily reflect the fact of the attachments, indicating their number and, if they are written, the number of pages (for each of them separately).

You can write a letter of complaint either by hand or in printed form, but regardless of which path is preferred, the message must be certified with the “live” autograph of the manager. At the same time, it is not necessary to put a stamp on it (enterprises and organizations have been exempted from the obligation to stamp documents since the beginning of 2021).

There can be as many copies of the letter of claim as required; there are no restrictions here, but all of them must be properly certified.

The letter must be registered in the outgoing documentation log.

To the tax office

If the tax office refuses to return the over-transferred money or provide a deduction, a classic claim is filed. The document is sent to the head of the department. The paper records:

reason for contact;
features of the current situation;
the requirements put forward;
deadlines for fulfilling obligations;
consequences of ignoring a claim.

The Federal Tax Service considers citizens' appeals within a period of 1 month.

To avoid standing in queues, you can write an application through the website nalog.ru, where you need to select:

Contact the Federal Tax Service of Russia
Individual or individual entrepreneur
On the page “Registration information for individuals or individual entrepreneurs” you will fill in everything point by point.

Sample claim for refund of funds to the tax office

Fssp

The Federal Bailiff Service is responsible for the execution of court decisions. The authority is contacted to forcefully collect the debt from the defaulter. Representatives of the authority have the right to seize the accounts of debtors, write off money and transfer it to the applicant. However, the following types of income are not subject to foreclosure :

compensation for harm to health;
survivor's pension;
compensation payments to victims of disasters;
compensation for caring for disabled citizens;
reimbursement of costs for the purchase of medicines, travel;
alimony;
labor compensation payments, for example, for dismissal;
social insurance coverage with the exception of old-age pension and disability;
benefits for persons with children;
maternity capital funds;
compensation for travel packages other than tourism;
funeral benefit;
the amount of one-time assistance from the state;
compensation for the cost of travel to the place of treatment and back.

If the bailiff has sent a collection for an amount the claim of which is prohibited, you can demand a refund by preparing a claim. The document is drawn up in the classical form.

Sample claim for refund of funds to the FSSP

Legal regulation

When making payments, an organization may allow an overpayment due to:

inattentiveness of employees filling out documents;
unreliability of information from the accounting service about the amount of payment.

Transfer of excess funds can be carried out:

employee of the organization;
to the counterparty;
government agencies (treasury, tax service, inspectorate, etc.).

The obligation of a person who unreasonably receives any property from another entity to return it is provided for in Article 1102 of the Civil Code of the Russian Federation. When an organization transfers excess funds, the person who receives such amounts receives an illegal material benefit.

Even if funds in excess of the norm are transferred by the organization independently, the receipt of such a benefit by another entity is unreasonable and on the basis of Art. 309 of the Civil Code of the Russian Federation creates an obligation to return overpaid amounts.

Unilateral refusal to fulfill obligations and unilateral changes in its conditions under current legislation are not allowed, regardless of who receives these sums of money. Therefore, when an error is identified, the affected company may resort to various methods to protect its interests.

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And first, on behalf of the organization, a notice must be sent to the enriched entity.

To the employer

A claim can be sent to the employer in the following cases:

wrongful disciplinary action with deduction of part of wages;
the regional coefficient for wages has not been established;
denial of compensation for business travel expenses;
refusal to pay for vacations;
refusal to provide a penalty for failure to pay wages or other payments on time.

The claim is made in a standard format. The document reflects the reason for the appeal, records the requirements put forward and supports the arguments with references to legal norms.

Sample claim for refund to employer

General requirements

The document is an application (request) for the return of the transferred money. There is no unified form, so we draw up a free application. Be sure to include the following information:

details of your organization: the application can be made on company letterhead;
bank details for refund;
name of the counterparty's manager, his position and full name;
subject of the appeal (subject of the claim): indicate on the basis of which document (agreement, invoice agreement, universal transfer document) the letter is drawn up;
subject of appeal: describe exactly how and as a result of which the money was transferred to the supplier’s bank account. Indicate the basis on which you need to return the money, your requirements for terms, include fines and penalties, if any, in the document that forms the basis of the obligation. Justify your position with the law or terms of the contract, on the basis of which the supplier is obliged to return the funds.

Attach copies of supporting documents: payment slips, bank statements about debits from the account. In the inventory, indicate not only the quantity, but also the number of pages in each of them. In the attachment to the letter, be sure to add a reconciliation act for mutual settlements. Confirm the application with the signatures of: the responsible executive, the financial director (chief accountant) and the head of the organization.

>Sample letter for refund from supplier

For lost profits

Lost profits may arise due to a violation of human civil rights. You can file a claim to recover damages. Presentation of the document is a company right, not an obligation. The organization must notify the counterparty of the violation of the terms of the contract. In one case, claims may be rejected. For a claim to be valid, it must include the following information:

information about the parties to the transaction;
circumstances of the violation;
clauses of the contract that were violated;
the amount of money that could have been received if the provisions of the contract had been complied with.

Alexander Mironov

Lawyer - consultant

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It is better to supplement the claim with an independent expert’s conclusion on the existence of a loss, and also to prepare an act of a commission consisting of representatives of both parties.

Example of writing a letter of complaint

Filling out the header of the letter

The sender is indicated at the top of the document, i.e. In the required lines, write the full name of the enterprise (in accordance with the registration papers), address and telephone number for contact. Next, the recipient is entered: his name and the specific person to whom the address is made directly (position, surname, first name and patronymic).

Then the date of drawing up the letter and its number according to the internal document flow are indicated, and the name of the document is also written with a short indication of its meaning (for example, “about a violation under a supply agreement”).

Filling out the main part of the claim letter

This section is descriptive.

First, you need to indicate the reason for filing the claim, and if this is a violation of a clause of a contract, agreement or any other document, then you need to give a link to it, i.e. enter its date, number and essence.
If we are talking about funds, then they must be indicated both in numbers and in words.
Then you should formulate the text of the claim itself (when there are several problems, they should be entered in separate paragraphs) and offer to fulfill your obligations within a specific time frame (also in numbers and words).
Finally, you need to outline the actions that the sender is ready to take for a more drastic method of solving the problem (for example, going to court).
At the end, the letter must be signed, with a transcript of the signature and an indication of the position of the signatory.

For unjust enrichment

Unjust enrichment refers to the receipt of property or funds without justification under the law. The situation arises in the following cases:

Property was saved. For example, another person made payment for the buyer;
Through the acquisition of property. For example, the supplier shipped the goods to another store;
Through illegal receipt of funds.

If an erroneous amount was credited, you can submit a claim for a refund. The document records the circumstances of the accidental transfer and asks for the money to be returned. The claim is supplemented with papers confirming the transfer.

Sample claim for recovery of unjust enrichment

How to use

A letter of refund is a type of claim document. It must indicate the request for a reverse transfer of funds and the grounds for this action. There is no unified form of the letter, so it is written in free form.

It is mandatory to indicate the following information in the document:

details of the enterprise (organization, institution) - compiler and counterparty;
subject of discussion;
list of documents on the basis of which the return must be made.

A direct appeal to the counterparty should begin with the words “We ask you to return...” and contain comprehensive information about the day of the transfer, the amount of funds in rubles, and the payment order number. It is extremely important to correctly justify the reason for the upcoming return, as well as indicate the details of the agreement under which this procedure is carried out, the details of the counterparty (name, address, Taxpayer Identification Number, reason code, and other installation information).

You should also indicate the terms for the return of funds and the account details at the bank institution where the amounts due must be transferred. The refund amount may also include penalties in the form of fines and penalties accrued on the basis of existing bilateral agreements.

Examples

To better understand the rules for filing a claim, it is worth familiarizing yourself with the examples. Experts and lawyers advise using templates during the procedure of preparing a document for contacting a travel agency or getting a refund for air tickets.

Telephone

To: Super Technika LLC

From: Aleshkin Viktor Pavlovich

Claim

I, Aleshkin Viktor Pavlovich, on May 1, 2021, purchased an Honor 10 phone worth 18,500 rubles. After the acquisition, the following shortcomings were identified:

yellow spots on the screen;
blurry stripes;
problems with focus and sharpness.

Service work was carried out to eliminate deficiencies, which is confirmed by the act of acceptance of the goods for service. However, the display flickering and light distortion remained. In accordance with Articles 18, 22 of the Law of the Russian Federation on the protection of consumer rights, I ask you to return the money for the goods in the amount of 18,500 rubles within 10 calendar days and accept the goods of inadequate quality.

If the demands are refused, I will be forced to go to court.

Shoes

To: IP Oreshnikov Stanislav Igorevich

From: Olga Pavlovna Sulsenova

Claim

On September 23, 2021, I purchased women's shoes size 36 in black. The cost was 5300 rubles. The amount was paid in full by me. Within 14 days it turned out that the shoes did not suit me in size and color. In accordance with Article 25 of the Consumer Protection Law, the buyer has the right to exchange goods of good quality for similar goods from the seller from whom the purchase was made. If the goods are missing, the consumer may refuse to fulfill the sales contract and demand a refund.

Based on the above, I ask you to exchange the product for women's white shoes, size 38, or return the money.

Please consider the claim within 10 days.

Furniture

To: Head of Stroyland LLC

From: Arshinnikova Ekaterina Rodionovna

Claim

On August 23, 2021, I bought a sofa in your store worth 23,400 rubles. The product has a warranty period of one year. During use on March 1, 2021, we noticed that the trim was coming off and there were abrasions and streaks on the leather.

Based on the above and in accordance with Article 18 of the Law on Protection of Consumer Rights, I ask you to accept the goods of inadequate quality and terminate the sales contract. I demand the return of the amount paid for the goods within the time limits established by Article 22 of the Consumer Rights Protection Law.

Tour package

To: LLC World in the palm of your hand

From: Kolesnikov Alexander Yurievich

Claim

On June 23, 2021, agreement number 12345 dated June 23, 2021 was concluded between me and the tour operator. I provided full payment of the cost of the tour in the amount of 52,442 rubles. The trip was planned for April 15, 2021. Due to border closures, travel is not possible.

I ask you to terminate the contract and return the money in full.

Please consider the claim within 10 days. In another situation, I will be forced to go to court.

Concert

To: Concert Group LLC

From: Elena Artemovna Nemtsova

Claim

I, Elena Artemovna Nemtsova, on March 23, 2021, purchased tickets for the play Scarlet Sails in the amount of 4, worth 16,000 rubles. The payment was made in a lump sum. The event did not take place at the scheduled time. The organizers did not give an explanation. There is a failure by the organizer to fulfill its obligations.

Based on the above, and guided by the provisions of the law on the protection of consumer rights, I demand a refund of funds in the amount of 16,000 rubles.

If the return is refused and a response to the claim is not provided within 10 days, I will be forced to go to court.

Hotel

To: Rida LLC

From: Belyaev Vyacheslav Grigorievich

Claim

On October 16, 2021, I booked a room at the Reed hotel for 10 days. The cost of the service was 32,400 rubles. I made a one-time payment.

On November 23 we checked into the hotel. I booked a large room with a double bed. The stated room did not match the description. There was no air conditioning or shower. Instead of a double bed they offered two single beds. As a result, my wife and I refused to check in.

In accordance with the above and guided by the provisions of the law on the protection of consumer rights, I request a full refund.

If a response to the claim is not provided within 10 days, I am forced to go to court.

Work agreement

To: LLC We build ourselves

From: Voskhod LLC

Claim

On December 5, 2021, contract number 547 was concluded between Voskhod LLC and Stroim Sami LLC to carry out work on the construction of the building. The cost of the project was 548,000 rubles. The funds were transferred to the contractor's bank account. LLC We Build Ourselves has committed to completing the work by March 1, 2021. We did not receive the result on time. The work was not started.

I ask you to terminate the contract and return the amount paid in full.

If there is no response within 10 days, Voskhod LLC will be forced to go to court.

Letter of complaint about non-compliance with the terms of the contract

When is this document needed?

If a partner fulfilled his obligations under the contract improperly or did not fulfill what he guaranteed at all, the rights of the injured party can be protected by the court. But before you go there, you must try to resolve the problem in the order in which you contacted us. For some claims, writing a letter is a required step before filing a claim.

Structure of a letter of claim

A claim should be made based on the usual requirements for such documents.

“Hat” – information about the addressee: an individual or legal entity who has violated contractual obligations.
Submitter details.
Document's name.
Details of the contract, the terms of which have not been fulfilled.
Listing of violated obligations.
Results that resulted from non-compliance.
Time limits for correcting violations.
Additional information if needed.

IMPORTANT! The letter should make it clear exactly what facts the claim relates to, what the addressee needs to do to correct the situation, and within what time frame.

General Director of Clean Clothes LLC, Petr Nikolavevich Perekosov, legal address: 440000, Penza, st. Kirova, 23 from Petrakovskaya Antonina Vitalievna, living at the address: 440000, Penza, st. Kirova, 28

CLAIM under service agreement No. P7n 174836 dated June 29, 2017

On June 29, 2021, agreement No. P7n 174836 was concluded between A.V. Petrakovskaya (Customer) and Clean Clothing LLC (Contractor) for the provision of dry cleaning of women's sheepskin coats.

According to clauses 4.2 and 4.3 of the above-mentioned agreement, the Contractor undertook to dry-clean and sew buttons on a women's sheepskin coat by July 2, 2021, and the Customer, in accordance with clause 5.1, agreed to pay for these services upon return of the item.

However, as of June 4, 2021, the Contractor’s obligations have not been fulfilled:

dry cleaning service for sheepskin coats was not provided;
the buttons are not sewn onto the sheepskin coat;
the item was not returned to the Customer.

Based on Art. 450 of the Civil Code of the Russian Federation, at the request of one of the parties, the contract may be amended or terminated in the event of a significant violation of the contract by the other party. Due to a significant violation of the terms of the contract, the Customer suffered damage because he was unable to take the item with him on the planned trip.

Based on the above, I demand:

Immediately eliminate the violation of the terms by providing the service specified in the text of the contract.
Inform the Customer as soon as the violation is eliminated.
In accordance with clause 6.1 of the agreement, pay the Customer a penalty in the amount of 10% of the cost of work for each day of delay.

If the Customer’s demands are ignored within 10 days from the date of filing the claim, he will be forced to terminate the contract and, in order to protect his rights and legitimate interests, file a claim in court, where, in addition to the return of funds, he will demand the recovery of legal costs and the cost of paying state fees .

July 7, 2021 /Petrakovskaya/ A.V. Petrakovskaya

Going to court

To forcefully collect funds, you need to go to court. The basis for starting the proceedings is a statement of claim. It needs to be formatted correctly.

Anatoly Pavlovich

Civil lawyer

Ask a Question

When the claim is received, the appeal will be considered within 5 days. A decision will then be made whether or not to proceed with the case. If the claim is accepted, the parties will be notified. A meeting will be held on the appointed day. During it, the arguments of the parties and the evidence presented will be considered. Then they will make a decision. The applicant's requirements may be satisfied in part or in full. Refusal to return funds is also acceptable. It all depends on the specifics of the situation.

The decision comes into force within 1 month. During this time, the verdict can be challenged. To do this, an appeal is filed.

Statement

In order for a claim to be accepted, it must be drawn up in accordance with Article 131 of the Code of Civil Procedure of the Russian Federation. The document must reflect the following information:

information about the authority to which the appeal is sent;
information about the plaintiff and defendant;
the essence of the appeal;
the requirements put forward;
list of applications;
date and signature.

Where to submit

The consideration of a claim for the return of funds is carried out by a magistrate or district court. The choice of authority depends on the size of the requirements . If the amount of the refund is less than 50,000 rubles, the application is submitted to the magistrate's court. In other cases, they contact the district authority.

The claim must be sent to the place of registration of the applicant. You can find a list of ships on the official website.

State duty amount

The amount of the state duty is regulated by Article 333.19 of the Tax Code of the Russian Federation. The amount depends on the cost of the claim. If its cost is:

up to 20 thousand rubles , the state duty is 4% but not less than 400 rubles;
20 thousand - 100 thousand rubles - 800 rubles + 3% of the amount exceeding 20,000 rubles;
100 thousand - 200 thousand rubles - 3200 + 2% of the amount exceeding 100,000 rubles;
200 thousand - 1 million rubles - 5200 + 1% of the amount exceeding 200,000 rubles;
over 1 million rubles - 13,200 rubles + 0.5% of the amount exceeding 1 million rubles, but not more than 60,000 rubles.

Penalty and moral damage

In court, you can recover penalties and moral damages. The penalty is usually specified in the contract. If it is not reflected in the agreement, the calculation will be made taking into account the provisions of Article 395 of the Civil Code of the Russian Federation.

Unlike a penalty, a citizen determines compensation for moral damage independently. However, the court has the right to reduce the amount taking into account the circumstances of the case.

Document download process

The developed project makes it possible to fix the amount and currency of the returned funds.

How to use the document

This document can be used by legal entities and individuals, individual entrepreneurs who return funds (previously borrowed) in foreign currency or Russian rubles.

In order for the document to have legal force, it must be signed by the Lender and also certified by his seal (if the Lender is a legal entity). At the request of the Parties, this Receipt can be additionally notarized by a notary (public or private).

Please note that the Receipt for the return of funds is used when making a cash transfer of funds between the Parties, therefore its additional use when making bank transfers between the Parties is inappropriate.

Applicable Law

The proposed draft Receipt for the return of funds was developed in accordance with the established practice of executing cash loan agreements, as well as in accordance with the current principles of civil legislation of the Russian Federation.

How to change a template

You fill out the form. The document is drawn up before your eyes as you answer the questions.

At the end you will receive it in Word and PDF formats. You can change it and reuse it.

Fill out the template

Document title: Sample receipt for refund of funds Format: .doc Size: 27 kb

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Today, many citizens are interested in how to write a receipt for the return of money. This is an important document that confirms that the borrowed funds were paid back to the lender. Receipts for the return of funds are now quite easy on the global network, in particular, on our website.

A receipt for the return of funds is drawn up in writing. In this case, it is possible to write a receipt on a computer, but it will be more reliable to draw up such a document by hand, so that if problematic issues arise, an examination can be carried out regarding the handwriting of the receipt writer. If someone thinks that a signature alone will be enough to conduct an examination, then this is not entirely true. Experts are not always able to identify a specific handwriting only by signature.

When the transfer of funds under a promissory note is carried out due to the fact that some agreement must be fulfilled, then this must certainly be indicated in the document. Otherwise, the party to the agreement who received the funds under the receipt may declare in court that the money was simply transferred - not as payment under the agreement, but, in particular, as payment for the debt being repaid.

In the case where funds are issued at interest, it is important to indicate them in the document. But even when it does not indicate interest, it can still be collected from the debtor directly at the refinancing rate of the Russian Central Bank.

The issuance of funds for a loan according to a concluded document is not always carried out in rubles. When it comes to foreign currency, you should make sure that the indication of it was correct, and do not forget to indicate at what rate the funds should be given.

It is imperative to indicate in the document a specific date by which the funds must be returned. This is due to the fact that the limitation period, which is associated with an appeal to the court, will be calculated from this date.