Disagreements and conflicts often occur between organizations. Many people prefer to express their dissatisfaction and demands in writing, sending complaints to business partners, clients or contractors. Sometimes the procedure for resolving disputes is prescribed even in contracts, but even without this, each organization has the right to use it.
Business etiquette requires a mandatory official response, also in writing.
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Rules for writing a response to a complaint
The main content of the response to the claim is strictly individual in each case. However, there are some requirements that must be followed in any such letter. Firstly, the form itself - it is better to write the answer on the company’s letterhead, this will once again prove the seriousness of the issue and respect for the partner. But if the company does not have a letterhead, the answer can be issued on a regular sheet of standard A4 format. In both cases, it is important to indicate to whom exactly the letter is being sent, as well as its author.
The letter must be dated and there is no need to hesitate here, because... The deadline for responding to a claim is established by law: from 10 to 30 days from the date of receipt of the letter of claim (depending on the specific situation).
The answer must be signed , preferably by the head of the enterprise - this will show the interested party that the director is aware of the problem and also has a desire to resolve it, but if the organization is large with many structural divisions, then the head of the department whose competence includes the solution can verify the answer these tasks.
It is not necessary to affix a seal, since starting from 2021, enterprises and organizations have the full right to exclude the use of seals and stamps from their activities. But it to register the response to the claim in the internal log of outgoing documentation , since it still relates to the official document flow between the two parties.
Filing a complaint to Rospotrebnadzor
Rospotrebnadzor is an executive body whose powers include protecting the rights and interests of consumers. To protect their interests, the consumer can file a justified complaint.
The basis for filing a complaint with Rospotrebnadzor may be the purchase of a low-quality product or receipt of a low-quality service from a contractor. In this case, the authority will be able to conduct an inspection of the seller and identify facts of violation of the law.
The text of the complaint contains the following information:
- name of the addressee where the applicant is sending the complaint;
- applicant details (full name, address, contact phone number and email address);
- information about the violator (seller’s name, address, contact details);
- the essence of the appeal indicating violations of the law (references to the Law) on the part of the seller (manufacturer, importer);
- a list of documents attached to the complaint (if sent electronically, scanned copies of documents are sent);
- date and signature of the applicant.
The applicant can submit an appeal to Rospotrebnadzor in one of the following ways:
- Personal visit to the regional authority . During the reception hours established in a particular department, the consumer will need to submit an application to an authorized employee. The appeal will be registered on the day of submission, and the applicant will be informed of the deadline for its consideration.
- Sending an appeal on the official website of the department . On the official Internet resource of Rospotrebnadzor, the consumer will need to go to the “For Citizens” category, where in the window that opens, select the “Appeals from Citizens” option. After familiarizing yourself with the rules for filing complaints, you will need to proceed to the form for creating a complaint. The consumer will need to enter the required information in all the proposed tabs and submit the completed form for review.
- Mailing . The complaint can be sent by registered mail with acknowledgment of receipt. Receipt by the sender of the notification will indicate the delivery of the application to the department.
Instructions for writing a response to a complaint
Since there is no unified form for responding to a complaint, when writing them you should adhere to the rules and regulations of office work.
Part one
- In the “header” of the response to the claim, you need to indicate the sender , namely: the full name of the organization, its actual address, INN, KPP (the last two parameters can be taken from the company’s constituent documentation).
- Next, you should enter information about the addressee : if the letter is sent to a specific person, then his position, surname, first name, patronymic (the last two - in the form of initials), again the full name of the company, actual address.
- Then you need to number the document in accordance with the internal document flow of the enterprise and set the date of its preparation.
Part two
The second part of the document is the main one: it requires you to write a detailed and reasoned answer as correctly as possible.
- Here you must indicate the exact date of receipt of the claim , briefly outline its essence and, if there are financial requirements, enter the amount (in numbers and words). If there is a document within which the sender of the claim acts (for example, an agreement), you need to indicate its number and the date of signing.
- Then the answer itself is written - when drafting it, you should be guided by the clauses of the contract, legislative norms and rules (and be sure to provide links to them). If the claim consisted of several points, you must also respond in separate points.
- After writing the answer, it is necessary to provide a summary, that is, succinctly, in one or two sentences, express the idea that the claim is accepted in full, in part, or completely rejected.
- Finally, the response to the claim must be signed by a responsible employee of the enterprise with a mandatory transcript of the signature.
Legislation
The RFP in many articles provides for the right to make a claim about defects in the goods to the seller (Articles 18, 21, 22, 25). But the law does not stipulate the obligation to accept it, and therefore you can refuse to receive it.
Expert opinion
Musikhin Viktor Stanislavovich
Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.
It is necessary to refer to Article 165.1 of the Civil Code, which indicates that the document was delivered to the addressee, even if he did not familiarize himself with it (refuses to accept it).
Important nuances when drawing up
When writing a document, you need to pay attention to the nuances that are taken into account when drawing up the document. For example, the following recommendations will be of great help.
- Attached documents must be listed separately. They must be numbered and used as appendices. In this case, the document itself should indicate how many sheets are allocated for applications.
- Facts that are not relevant do not need to be stated. Background, unnecessary information and spatial expressions should not be placed in the text.
- The version of the document that remains must bear a note that the receiving party has received its copy, which means it has become familiar with the requirements presented.
Usually, such simple rules will give the document a more official appearance, so that the person being addressed understands that you are serious and ready to act in court to restore justice. Of course, if necessary.
Are there any differences?
The general meaning of a claim, complaint and reclamation act is to express dissatisfaction and document the complaint. None of the listed documents has a unified form. Each type of application is intended to resolve problematic issues out of court. So what is the difference between these statements?
Direct terminology does not reveal differences in concepts, but business customs have set a certain bar for the presentation of complaints. It is believed that claims may be made to the responsible party at any time and for any reason. Complaints are usually used strictly during the warranty period and only in the field of trade and consumer relations.
It would not be a mistake to call a claim a complaint and vice versa - we can say that a complaint is a subtype of a claim.
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Life situation
When a product is of poor quality, sellers suggest that the first step is not to exchange it for a new one, but to repair it. When trying to exchange an item or get a refund, the buyer almost always hears that this opportunity is denied.
According to current legislation, the buyer has the right to exercise his right:
- replace the product with a similar one;
- replace the purchased product with another;
- significantly reduce the price for purchased low-quality goods;
- demand that the problem with the malfunction be resolved in a short time in the presence of the buyer;
- demand a refund for the purchased product.
An important point is the fact that you can exercise your rights even in the absence of a check.
How long does it take to satisfy claims?
If the seller independently conducts the examination, he pays for it.
According to current legislation, no more than 20 days are allotted for checking the goods. During this time, the buyer must be provided with a similar product in full working order for use.
If the examination proves the buyer’s guilt, then all losses incurred during the examination are paid by him, and therefore the buyer reimburses all financial costs.
Repair of a product that is under warranty should not be carried out for more than 45 calendar days, including weekends and holidays.
If the product cannot be exchanged due to the lack of similar items in the store, this can be done within one month. During this period, the seller is obliged to order a new one and exchange it.
At the buyer's request to return his money for the goods, the seller must return everything in full no later than ten days after filing the claim.
Key features of filing a claim
What to do if a furniture store refuses to accept the buyer’s complaint verbally?
In this case, it is necessary to clearly know and understand how to make a claim in writing.
This claim must be written to the director or store manager.
It must indicate:
- date of purchase of the goods;
- what shortcomings were identified;
- buyer's requirements.
How to file a claim
If the seller refuses to accept the claim, it must be sent by mail. An inventory of the letter should only be carried out if there are valuable attachments.
It is worth noting that it is necessary to use either the service of notification of receipt of the letter by the recipient, or track it using the “Mail tracking” service.
Such a claim can only be filed in cases where the legal address is known. You can find it on the Internet or directly in the store, namely in the “Consumer Corner”.
This is interesting: What does the owner of a home face if a person temporarily registers there?
Making a complaint to a furniture store
The buyer has the right to write a complaint to the furniture store if they sold a low-quality product. The complaint describes the essence of the problem and sets out clear requirements that must be met by the store.
In order for the seller to be able to contact the buyer after considering the claim, it is recommended to include a contact telephone number in the claim.
In most cases, the seller accepted the claim, but refused to accept the goods. In fact, they have no rights to do this and the buyer has the right to demand a refund or seek compromises. Otherwise, you can confidently go to court.
What should a buyer do if the receipt is no longer there?
Without any doubt, it is better to demand an exchange or refund for the product if you have a receipt. But what if it is no longer there?
How to serve a claim if it is not accepted due to the absence of a receipt? In this case, it is necessary to prove the fact of purchase in this store. The following may be suitable as evidence:
- testimony of people who were in the store at that moment and saw the fact of the purchase;
- testimony of the cashiers themselves, who at that moment accepted payment for the goods;
- a warranty card indicating this particular store;
- any document that confirms the fact of purchasing the goods in this store;
- the price tag on the product, if it contains information about the seller or store.
If any of this is available, you can safely go to the store and file a claim.
It is worth noting that there is no need to be afraid to prove that you are right, since in this case the buyer will most likely receive nothing and will be left with a low-quality product. You always need to be persistent with sellers, only in this case the product will be of adequate quality.
This is a management decision
Such an excuse also does not help resolve the conflict. It will only redirect the indignation to a higher level - to your immediate supervisor. He will probably sort everything out, but after that he is unlikely to feel sincere gratitude to you for the opportunity to communicate with an angry client.
Therefore, even if the decision is not up to you, take the blow upon yourself. After thanking the person for contacting and apologizing to him for the delay, ask him to wait for your return call (letter). And ask your superiors your own questions.
Then the manager will be satisfied, and the client who contacts you will not feel that he is being sent “through chain of command.”
Complaint
The name of the claim statement sounds quite loud, but some prefer to use the beautiful Latin word - complaint.
In translation, this term has several meanings:
- disapproval;
- loud expression;
- objection;
- requirement;
- complaint.
Based on a general understanding of the indicated values, the meaning of the complaint is quite clear. We can say that this is one of the types of claims. The writer of the complaint will not make a mistake in the form and composition of the document if he takes as a sample any claim that is suitable in meaning.
A document containing dissatisfaction, describing objections and various shortcomings of a product or service, is also called a complaint act. However, this name does not in any way affect the composition, essence and purpose of the appeal.
