Sample claim for refund 2021

If one of the parties to an agreement, contract or agreement violates its terms, then the second partner has the right to request that all identified inconsistencies be eliminated. Such a request must be made in writing. There are only two ways to resolve a dispute:

through a peace agreement, that is, the parties discuss all grievances and come to a certain compromise;
through the courts, if an agreement cannot be reached.

Before going to court, send a written claim to the counterparty who violated the terms of the contract. For example, if the supplier delivered a low-quality product or provided a service of inadequate quality, then the organization has the right to demand the money back. We'll tell you more about how to file a claim for a refund.

Why file a claim for a refund?

If the terms of the contract are violated, the organization is obliged to send a corresponding notification to the partner. To do this, you will need to draw up a letter of claim for the return of funds, a sample of which you can download below. If the parties cannot agree, it will be quite difficult to prove in court that the claim procedure was followed.

Please note that compliance with the claim procedure is required if a company requires funds from a counterparty. For example, the return of an advance or payment for goods, work or services, the demand for penalties, penalties, fines, the requirement to pay the costs of eliminating deficiencies, etc.

The main purpose of the document is to notify the business partner of disagreement with the current state of affairs, demand that all identified shortcomings be eliminated and offer to resolve the dispute peacefully, that is, in a pre-trial manner.

How to return money for undelivered goods

What if the supplier, who received advance payment, did not deliver the goods within the time specified in the contract? the buyer has the right to demand (clause 3 of article 487 of the Civil Code of the Russian Federation):

transfer of paid goods;
return of funds paid.

In both cases, from the moment of expiration of the delivery period, the buyer can collect interest for the use of other people's funds under Art. 395 of the Civil Code of the Russian Federation, based on the size of the key rate established by the Bank of Russia. If the buyer is an individual, the penalty will be 0.5 percent of the advance payment amount for each day of delay (Clause 3, Article 23.1 of the Law “On Protection of Consumer Rights” dated 02/07/1992 No. 2300-1).

To return an item you need:

submit a claim to the supplier; this is a mandatory step for legal entities and entrepreneurs (Part 5, Article 4 of the Arbitration Procedure Code of the Russian Federation). Individuals can submit a claim, but are not required to do so. If the contract provides for a mandatory claim procedure, the court may recognize such a condition as void, since Law No. 2300-1 does not provide for such a procedure (clause 11 of the Review of Judicial Practice in Cases of Protection of Consumer Rights, approved by the Presidium of the Supreme Court of the Russian Federation on October 14, 2020 );
file a claim in court.

Next, we will dwell on each point in detail.

General rules for document preparation

There is no unified form of template according to which a pre-trial claim for the return of funds (sample, to put it simply) is drawn up. However, when preparing a letter of claim, you must follow the general rules of business correspondence. Let's note the key points:

Draw up the document on company letterhead, if available.
Compose the letter in two copies: give one to the counterparty, and keep the second for yourself. Remember that on the second copy you should put a mark on delivery to the partner (date of receipt, position and full name of the person who received the document, his signature).
Only the manager or a legal representative authorized to carry out such transactions can sign a request for the return of funds. For example, an employee authorized to sign financial documents under a power of attorney.

The document can be sent by mail. In this case, please send by registered mail. Be sure to fill out an inventory of investments. In court, it will be considered confirmation that you have complied with all the rules of the claim procedure.

When should a claim letter be submitted?

The time limit for filing a claim is determined as follows:

For agreements concluded between legal entities - within the period established by such agreement. If it is missed, this is grounds for refusal to satisfy the requirements both out of court and in court.
If such a period is not specified in the contract, then the document must be sent to the counterparty within a reasonable time, which includes the time necessary to assess the situation, make a decision and file a claim.
If the customer/buyer is a citizen ordering services/goods for his personal (household) needs, the terms are determined in accordance with Chapter. III No. 2300-1 Law of the Russian Federation.
In cases where claims are related to defects in the product or the result of work/services, they can be declared during the warranty period, and if it is less than 2 years and the defects are identified later, within 2 years from the date of transfer of the product/acceptance of the result of work or provision of the service.
During the service life established by the manufacturer of the product. And in its absence - within 10 years from the date of transfer of the product to the buyer.

How to write a claim for a refund

The step-by-step instructions for preparing the document are very simple.

Step 1. So, let's start with the header of the pre-trial demand for the return of funds:

We indicate the details of the document: date of preparation and outgoing registration number (the claim will have to be registered in the outgoing correspondence journal).
Applicant information. Write down the full name of the institution, indicate the address, contact phone number, INN, KPP, OGRN, email, fax and other contact information. For example, the position of a specialist responsible for resolving a dispute.
Information about the recipient of the letter of claim for the return of funds (sample). Here we write down the full name of the organization, entrepreneur or individual to whom the application is being prepared, location address, TIN, OGRN, KPP and other information.

IMPORTANT!

Identify the recipient of the claim correctly. It is necessary to indicate the person (this can be an organization, individual entrepreneur or individual) who will act as a defendant in the court hearing if it is not possible to resolve the dispute “amicably”. This is a mandatory norm of the claim procedure. Otherwise, the court will consider that the algorithm has been violated.

Please note that the contract may indicate a special address to which written requests should be sent. It may differ from the legal location of the defendant. In this case, send the letter specifically to the address for correspondence. Otherwise, it is a violation of the established order. Exception: the applicant knows for certain that the special address is fictitious.

Step 2. In the text part of the request for a refund (sample), indicate:

details of the contract whose terms have been violated;
a list of violations, with references to clauses of the agreement;
requirements for the partner: what needs to be done, eliminated, corrected;
deadlines;
details of bank accounts to which funds are required to be returned;
list of documents confirming the circumstances of the application.

How to write a pre-trial claim to a borrower under a loan agreement?

In the content of a citizen’s claim, all demands must be clearly justified and structured. It is also necessary to indicate the circumstances on which these requirements for the judiciary are based. In the text of the complaint, it is recommended to indicate the cost and focus on violations of legal norms and requirements.

In addition to directly drawing up and sending the demand to the debtor, the pre-trial settlement claim must comply with the following rules:

Judges always proceed from the fact that all claims (their content and scope) must fully comply with the requirements of the statement of claim subsequently submitted for consideration by the court. According to the new provision, a statement of claim may be withdrawn due to the discovery of discrepancies between the requirements specified in the claim and in the filed claim. This information is recorded in the fifth paragraph of the first part of Article 129 of the Arbitration Procedure Code of the Russian Federation.
Another important aspect concerns the fact that a claim can be filed with the arbitration court only after the period allotted for resolving the conflict without judicial intervention has passed. It is known that it is equal to thirty calendar days from the date of sending the claim document. Other deadlines may be established in accordance with Russian legislation. If the time intended for resolving conflict situations before the trial has not yet expired, the application or claim may be rejected by the judges already at the stage of accepting the claim for proceedings.

USEFUL: watch a video on how to write a pre-trial claim and consult with a lawyer through the comments to the video on your issue

What to include as confirmation

Often the circumstances will have to be documented. Attach the following documents:

A copy of the paper that gives the right to make a claim. This could be, for example, a copy of the acceptance certificate or for the provision of services, which indicates disagreements.
A copy of the agreement or government contract.
Receipts, payment orders for payment. You can also confirm that money has been transferred with a bank statement.
Calculation of penalties, penalties, fines and losses (if any).
A copy of the power of attorney, if the claim is signed not by the manager, but by an authorized representative.

Below you can pre-trial claim for a refund. A written request from an individual to an organization or individual entrepreneur is drawn up in a similar manner.

Letter of return of transferred funds: sample of options and nuances of formation

The principle of writing the information part of the application for a refund has a general concept, but its content varies depending on the reason for filing the application. Let's look at three options and nuances of writing letters.

First letter: return of erroneously transferred funds

This application option is relevant for cases where the payer sent funds to the settlement account of a counterparty for whom they were not intended. For example, for the return of erroneously transferred funds, a letter, a sample of which we are considering in this part, must be submitted if:

the sender of the payment made an error when automatically selecting a recipient in the electronic form of the payment order;
the payment was sent to the counterparty with whom the cooperation was completed;
The bank transferred money using erroneous details.
and in other similar cases.

In the first and second cases given, the refund claim is made in the name of the payee. In the third case, the claim is addressed to the bank, which in the above situation actually violated the rules for the bank to carry out payment transactions and is liable in accordance with Art. 866 of the Civil Code of the Russian Federation.

In what cases is a claim made and how to correctly formulate the requirements

The requirements in the document are formulated depending on the situation in which you find yourself. Next, I will consider the most common cases.

What to include in a claim when collecting money under a loan agreement/receipt

You can send a letter of claim from the first day of the delay. If the agreement/receipt provides for a phased return of funds, it is permissible to send a written request for each overdue payment.

As a rule, the loan repayment period is fixed in the document. If the exact date is not specified by the parties or is determined by the moment of demand, the amount must be returned by the borrower within 30 days from the date of presentation of such a demand - clause 1 of Art. 810 of the Civil Code of the Russian Federation.

In addition to returning the loan amount, you can demand:

Payments of interest on it in the amounts and in the manner specified in the agreement. If the amount of interest is not established by agreement, it is calculated based on the key rate in force during the relevant periods. In this case, interest must be paid monthly until the day the loan is repaid - clause 1 of Art. 809 of the Civil Code of the Russian Federation.
Payment of interest in the amount provided for in paragraph 1 of Art. 395 of the Civil Code of the Russian Federation from the day when the loan was subject to repayment until the day of its actual repayment - clause 1 of Art. 811 of the Civil Code of the Russian Federation.

How to correctly formulate requirements when protecting consumer rights

A citizen has the right to demand the return of money paid for low-quality/high-quality goods, provided that he follows the procedure and deadlines established for its return. Additionally, you can submit a claim for payment:

Penalties (penalties) in the amount of 1% of the cost of the product for each day of delay if the seller violates the terms - Art. 23 No. 2300-1 Law of the Russian Federation.
Expenses for examination/transportation of low-quality goods.

I talked about this in more detail in the articles How to make a claim for a refund for a product of inadequate quality in 2021.

When a claim is made to the insurance company

An individual has the right to submit a claim to an insurance company if:

Refusal to pay insurance compensation.

Understating the payment amount.
Violation of deadlines for transferring funds.

In this case, you have the right to demand from the insurance company:

Payment of the amount of insurance compensation.
Additional payments of insurance compensation taking into account the expert assessment of the car.
Reimbursement of expenses for the services of an independent appraiser.
Payment of penalties on the day the claim is filed.

If the driver at fault for the accident did not have an insurance policy/the funds under compulsory motor liability insurance were not enough to cover the damage, claims for compensation for damage/interest under Art. 395 of the Civil Code of the Russian Federation/expenses for payment of an expert independent assessment are presented directly to him.

What requirements should be included in a claim under a service contract?

The basis for sending a letter of claim during the execution of a concluded contract for the provision of paid services may be:

Violation of terms for provision of services/payment.
Poor quality of services.
Refusal to reimburse expenses associated with eliminating the defect in the service.
Refusal to pay penalties/fines in cases established by the contract.

The wording of the requirements will depend on what terms of the contract were violated.

If you are a performer, claims for payment for services may be made. The customer has the right to demand:

Reducing the price of services (if their quality/quantity is not satisfactory).
Free elimination of deficiencies in the service provided.
Reimbursement of expenses incurred by him to eliminate deficiencies in the work performed (service provided) on his own or by third parties.

Also, if the terms of the contract are violated, the parties may demand payment of a legal penalty, regardless of whether this provision is spelled out in the agreement or not - Art. 332 of the Civil Code of the Russian Federation.

What to indicate in a claim for the return of excessively/erroneously transferred money

It happens that as a result of a counting error or incorrectly specified details, a company/citizen may lose money. In this case, to return them, a statement is drawn up to the person who received them, demanding their return.

The current legislation does not contain provisions on specific deadlines for sending such an appeal. In accordance with the general statute of limitations, claims for the return of unjustifiably received sums of money are possible within 3 years from the moment the error became known.

However, it is considered conscientious behavior to notify the counterparty of this situation within a reasonable time (not exceeding 7-10 days) after identifying a counting error.

In what cases is a claim filed with government agencies?

A well-drafted claim to the counterparty will help convince him to return the funds as soon as possible.
In life, there are situations when government agencies, for example, the Federal Tax Service (tax inspectorate) / FSSP (bailiff service) become recipients of excessively transferred funds due to their overpayment / forced illegal writing off targeted funds from bank accounts, etc.

Thus, the Federal Tax Service Inspectorate is usually asked for a refund of amounts of overpaid taxes/duties/insurance contributions/penalties/fines by submitting a written application by the taxpayer or in electronic form with an enhanced qualified electronic signature via the Internet - Art. 78 Tax Code of the Russian Federation.

The period for consideration of such an application is 1 month from the date of its receipt by the tax authority.

If the bailiff has foreclosed on funds that cannot be written off (Article 101 No. 229-FZ) or you have transferred a larger amount of debt than required, you also have the right to return them.

Going to court

If the company refuses to satisfy the claim, the complainant has the right to file a statement of claim. The application must be drawn up in a legally correct manner. It is necessary to justify the requirements. It is better to seek help from specialists. The requirements for the statement of claim are reflected in the Code of Civil Procedure of the Russian Federation.

Claim form for collection of funds

The document must contain the following information:

The name of the authority to which the statement of claim is filed, as well as the address of its location.
Personal data of the applicant and information for prompt communication. If the statement of claim is submitted by a trusted person, it is important to reflect information about him.
Information about the defendant. The organizational and legal form of the company and its legal address are recorded. When the defendant is an individual entrepreneur, his full name, place of residence and other information that allows him to be identified must be indicated.
Information about third parties involved in the proceedings. Rospotrebnadzor often plays a similar role.
Claim. The price is always expressed in national currency.
Title of the claim document. It is written in the middle of the sheet.
The main essence of the appeal. The data is presented on a new line. It is necessary to supplement the information contained in the statement of claim with references to the norms of current legislation.
Confirmation of the fact of the dispute resolution procedure. It is important to reflect how the defendant responded to the presentation of the claim.
Links to the norms of current legislation that allow you to contact the authorized body with a statement of claim.
The requirements put forward and the attached documents.
Date of filing the claim, signature of the applicant, his surname and initials.

If the applicant is represented by an authorized representative, it is important to supplement the application with a copy of the notarized power of attorney.

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Methods of circulation

Today, the claim is quite often used in legal relations. Moreover, the authors of the document can be legal entities and individuals. If business ties are established between the partners, it is enough to provide the relevant document in electronic form. It is necessary that such a method of relationship be stipulated in agreements. If the case goes to court, this will be enough.

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However, ordinary citizens apply in writing. Moreover, the document form is sent officially. To do this, you need to hand over the paper in person. The document is provided to the person authorized to receive incoming correspondence. If the recipient is located far away, the claim is sent by mail. It is recommended to make an inventory of the attached documents. The second copy, supplemented by shipping receipts and a copy of the list of attachments with the postal worker’s marks, will act as evidence of compliance with the pre-trial order.