Pre-trial claim for the return of funds under a loan agreement

A letter of claim (or otherwise a letter of complaint) is a type of business correspondence that is used in cases where one party to a contractual relationship expresses in writing to the other party dissatisfaction with the quality of fulfillment of obligations or informs about their complete absence.

Examples of complaint letters:

- about the return of funds - about failure to fulfill the terms of the contract - about repayment of debt - about low-quality goods - about delays in delivery

As a rule, a written complaint is preceded by oral negotiations (in person or by telephone), which do not have the expected effect.

Regardless of whether preliminary negotiations have been held or not, a written complaint is the most correct way to resolve problematic situations. This is due to the fact that immediately, from the moment of creation, it acquires evidentiary legal force, and in most cases, it allows you to deal with the issue in the shortest possible time.

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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.

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.

1. 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.
2. If we are talking about funds, then they must be indicated both in numbers and in words.
3. 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).
4. 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).
5. At the end, the letter must be signed, with a transcript of the signature and an indication of the position of the signatory.

When is it needed?

A repeated claim is the penultimate step in the process of resolving a controversial issue with a provider of various services that were not provided in full, of poor quality, or, in general, caused harm to your health.

This document is also a final peaceful attempt to assert one’s rights against a seller selling low-quality products .

There are three most common situations when it becomes necessary to resubmit a claim :

1. The first complaint was ignored and after the expiration of the period specified in it or after more than 45 days, no response (written or oral) was received to you. We wrote about the timing of consideration of various claims here.
2. are not satisfied with the results of the consideration of the first claim , and you turned to an organization that conducts independent examinations for help. The conclusion of independent experts contradicts the response of the store or service provider.
3. If you nevertheless decide to go to court . In the sphere of relations between the consumer and the seller/supplier, all controversial issues can be resolved before going to court. To file a lawsuit, you will definitely need written evidence that an attempt was made to solve the problem peacefully. But, unfortunately , you have neither a receipt nor a copy of the document with an acceptance mark.
   In this case, the claim will be sent again.

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.

Going to court

If the other party to the conflict does not make contact, then the only option left is to go to court .

The claim must reflect :

1. The name of the court, the plaintiff (you) and the defendant (the store or organization providing services) along with addresses.
2. Title : “Statement of Claim for...”.
3. Your story about purchasing a product/service and what you were not satisfied with.
4. Information about the claim with the date of its receipt by the seller/executor and a brief summary of its essence.
5. Information about the independent examination , if carried out.
6. obligations violated by the seller/performer .
7. Your requirements (only on the basis of the Civil Code and the Law on Consumer Protection).
8. Attachment : copies of the check, examination, claims.

An attempt to peacefully resolve the conflict is a mandatory step before going to court. In our articles you will learn how to write a claim for a debt, for a low-quality product or service, for the return of a mobile phone, as well as to a dealer for car repair, to an insurance company, Rosgosstrakh, MTS and a car dealership.

What to do after writing a letter

A letter of complaint requires a response, and various developments are possible: satisfaction of claims in full, in part, as well as a complete refusal to satisfy them. As a rule, the response itself is also written, in the form of a separate letter or a resolution imposed by the head of the recipient company on the received claim.

In cases where there is no answer, you should wait at least 30 days and then file a lawsuit or a complaint with a supervisory authority.

Letter of claim for refund

When is it compiled?

A written request to return previously paid funds is appropriate when this problem could not be resolved by direct contact. This can happen if one of the parties has not fully or incorrectly fulfilled its obligations under the contract. Most often, this situation occurs when there is dissatisfaction with the quality of the purchased product. When the consumer wants to return it and get their money back.

Writing a letter of claim is mandatory if a dissatisfied buyer plans to go to court to protect his rights. This authority must record the fact that at first they tried to resolve the claim pre-trial, but the procedure for consideration was violated or the request was not satisfied.

Writing rules

The letter of complaint is drawn up in any form, but in compliance with the basic rules of office work. And since this document can be submitted to the court, you need to take into account some details that will make it legally relevant, and if not observed, they may be deprived of such status. These include:

• data of the addressee of the claim - the person, including the legal entity, who violated the rights of the submitter;
• information about the applicant, including contact details;
• essence of the claim;
• personal signature of the submitter;
• date of preparation of the paper.

How to formulate a claim

When describing the actual situation that led to the request for a refund, you should adhere to these recommendations.

1. Date of conclusion of the contract (purchase of goods).
2. The main responsibilities of the parties under the contract.
3. Which of these duties were violated?
4. The applicant's request for a refund.
5. Deadlines for fulfilling the requirement.
6. Measures that the applicant intends to take if his request is not satisfied.

IMPORTANT! Write a letter of complaint in two copies. Try to get a mark of delivery on the second one (if submitted in person).

Individual entrepreneur Razbudsky Anton Mikhailovich, legal address: 426046, Izhevsk, st. Pervomaiskaya, 18 from Larisa Anatolyevna Dobronravova, living at the address: 426024, Izhevsk, Pobeda Avenue, 12, apt. 85

CLAIM FOR REFUND

Between me, L.A. Dobronravova (hereinafter referred to as the Buyer), and IP Razbudsky A.M. (hereinafter referred to as the Seller) On May 12, 2017, agreement No. P9n125467 was concluded, under the terms of which the Seller was to transfer to the Buyer a chest of drawers with a changing table “Agafyushka” within the established time frame, and the Buyer agreed to pay the price of the goods.

The Buyer's obligations were fulfilled in full when ordering the goods on May 12, 2017. The Seller met the delivery deadlines for the goods, but upon delivery it was discovered that the characteristics of the chest of drawers did not correspond to the sample provided. The fronts of the chest of drawers are made not of painted, but of film MDF, the dimensions do not match the declared ones, the changing table is covered with a different material. All this does not meet the requirements established by Art. 469 of the Civil Code of the Russian Federation and Art. 4 of the Law “On Protection of Consumer Rights” - when selling goods based on a sample or description, the seller is obliged to transfer the goods that correspond to such sample or description.

In accordance with Art. 18 of the Law on the Protection of Consumer Rights, the Buyer has the right to return goods that do not correspond to the sample and demand a refund of the amount paid for it.

Based on the above, I demand, within ten days from the date of receipt of this claim, to return to the Buyer the funds paid by him for the “Agafyushka” chest of drawers with changing table, in accordance with the issued receipt. Otherwise, the Buyer will apply to the court for protection of consumer rights, payment of penalties and compensation for moral damage.

May 13, 2021 /Dobronravova/ L.A. Dobronravova

What does it include?

The text must reflect :

1. Addresses and names/full names of both parties.
2. The word “CLAIM” (let’s assume the option “REPEATED CLAIM”.
3. Detailed description of the current situation. That is, you must say that a written complaint was sent to the seller/supplier. Indicate the date of delivery of the document. Describe the defects of the product or the shortcomings of the service provided. If an examination was carried out, please report the results.
4. Clearly formulated your requirements. Be sure to include a time frame for your response.
5. Links to legislation. Here the Civil Code with Article 503 and the Law on the Protection of Consumer Rights with Articles 18,19,22, 23, and 25 will help you.
6. An ultimatum that if you ignore it again, you will go to court.
7. Date of writing.
8. Signature.

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.

1. “Hat” – information about the addressee: an individual or legal entity who has violated contractual obligations.
2. Submitter details.
3. Document's name.
4. Details of the contract, the terms of which have not been fulfilled.
5. Listing of violated obligations.
6. Results that resulted from non-compliance.
7. Time limits for correcting violations.
8. 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:

1. Immediately eliminate the violation of the terms by providing the service specified in the text of the contract.
2. Inform the Customer as soon as the violation is eliminated.
3. 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

Return of money in accounting

Refunds can be made in two ways:

• in cash – if payment under the contract for paid services was made by the customer in cash;
• non-cash payment – ​​if payment was made from a card or bank transfer, or if the customer specified this requirement separately.

The posting of accounting transactions when returning money deposited in cash at the cash desk and funds transferred from a card or by payment order will vary.

Let's look at an example of how a refund should be processed for services not provided, transactions through the cash register and the bank:

• non-cash payments:

D62.01 K51 – return to the customer of funds received as payment for services. The amount transferred from the account is indicated.

D62.02 K51 – return of advances paid to the customer of services. The amount of the advance payment to be returned is indicated;

• cash payments:

D62 K50.01 – return of cash to the consumer for services not provided.

Letter of claim for debt repayment

When is such a letter written?

There may be several reasons for writing a letter demanding repayment of the resulting debt:

• violation of payment terms specified in the contract;
• loan arrears.

Sending a letter of claim is mandatory if you plan to file a claim for forced collection of debt. Without an attempt at pre-trial settlement, which is evidenced by this document, the claim will not be satisfied, and perhaps will not even be considered.

Features of compilation

The structure of the claim letter is normal, and the content is drawn up in free form with mandatory references to the violated clauses on the timing and amount of payment under the contract. The nuances vary depending on the type of contract:

• purchase and sale;
• rent;
• work agreement;
• shipping;
• storage;
• provision of services;
• other.

It is advisable to refer to the legislative acts that were violated. It is mandatory to indicate the time period during which the counterparty agrees to accept funds in payment of the debt without a penalty (or with the specified penalty), without going to court for collection.

Zalimansky Konstantin Petrovich, living at the address: 300971, Tula, st. Puzakova, 71, apt. 19 From ZHKH-Service LLC, legal address: 300971, Tula, st. Puzakova, 70

Letter of claim for payment of debt

Housing and communal services LLC informs you that you have a debt to pay for housing and communal services in the amount of 482 rubles. 78 kopecks, which was formed as of October 1, 2021. We notify you of the need to repay the specified debt within a week from the date of receipt of this letter.

If the payment requirement is not met within the specified period, the water supply to your apartment will be limited and subsequently terminated, reconnection will be paid, in accordance with Government Decree No. 354 of May 06, 2011, section 11. In case of non-payment, the issue of debt collection will be decided in court.

We remind you that in accordance with Article 155, paragraph 1, payments for residential premises and utilities are paid monthly before the 10th day of the month following the expiration of the month. In case of late payment, penalties will be charged (Article 155, Clause 14 of the Housing Code of the Russian Federation). To pay off the debt and the reasons for its formation, we ask you to come to the housing and communal services at the address: 300971, Tula, st. Puzakova, 70.

10/03/2016 General Director of Housing and Public Utilities Service LLC /Terentyev/ V.V. Terentyev

Letter of complaint about a defective product

In what cases is it compiled?

A letter of complaint about inadequate quality of goods can be sent to the following addressees:

• to the supplier in case of delivery of goods whose quality does not comply with the contract;
• an organization that sold a product of inadequate quality to the end consumer.

Most of these documents are sent precisely in accordance with consumer protection.

What is the purpose of the claim letter?

In documents of this kind it is always customary to indicate what the sender of the letter expects in relation to the addressee. If we are talking about the inadequate quality of the purchased product, then, depending on the specific situation, the submitter of the letter has a choice that must be stated in the document:

• replace a low-quality product with another similar one, but of adequate quality;
• replace the damaged product with the same one, but of a different brand or article (by agreement, with or without additional payment);
• reduce the price paid for the goods in proportion to the defects;
• correct defects incompatible with the quality of the product free of charge;
• pay for the elimination of defects in the product performed by the consumer or a third party;
• return all money that was paid for the product by returning it to the seller (return costs are borne by the seller).

IMPORTANT! It is necessary to comply with the deadlines for submitting a letter of claim - there are certain time frames for satisfying the requirements.

Additional nuances

In addition to the stated requirement, which is permitted by the Consumer Rights Protection Law, and the usual details. Mandatory for business correspondence, a letter of complaint about a defective product must contain supporting information. They can be in the form of attachments of documents indicating the fact of payment for the goods and non-compliance with quality. They may be:

• copies of checks, receipts;
• technical passport for durable goods (copy);
• a copy of the repair warranty card;
• act on examination of technically complex goods, etc.

To the head of Mirandolina LLC, P.R. Sventkovsky, legal address: 410 620, Saratov, st. Chekhov, 91 from Nastoychenko L.Yu., living at the address: 410 021, Saratov, st. Plyatkina, 26, apt. 60, Tel. 427-06-18

CLAIM

On September 08, 2017, I purchased from your company a black Samsung Galaxy J5 Prime SM-G570F smartphone worth 12,990 rubles (according to a cash receipt). According to the attached warranty card, the smartphone is covered by a 12-month warranty.

According to Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the goods transferred to the buyer by the seller must be of proper quality, and by virtue of Art. 10 of the above Law, the seller is obliged to promptly provide the buyer with complete reliable information about the product, which will ensure the opportunity to make the right choice. In accordance with Art. 8 of the Law of the Russian Federation “On the Protection of Consumer Rights” information is provided in Russian. In violation of the above norms, all information about the smartphone was exclusively in a foreign language, which, due to the direct instructions of paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated September 29, 1994. No. 7 “On the practice of courts considering cases on the protection of consumer rights” (as amended on May 11, 2007) can be considered as a lack of necessary information.

Four days later, the phone malfunctioned: after trying to connect to the mobile Internet, a failure occurs, the phone does not make calls, and I have to reboot it.

Based on Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”, clause 27 of the Rules for the Sale of Certain Types of Goods, a buyer who has purchased a product of inadequate quality has the right to file a claim and ask for a refund of the money paid for it, as well as to compensate for all losses caused by the sale of goods of inappropriate quality . The consumer has the right to make the same demands if he was not provided with the necessary information about the product (Article 12 of the Law of the Russian Federation “On the Protection of Consumer Rights”).

In accordance with Art. 22 of the Law, the requirement for the return of money paid for the goods, as well as for compensation for losses caused, must be no later than 10 days from the date of receipt of the letter of claim. For failure to timely satisfy this requirement of Art. 23 of the Law provides for a penalty of 1% of the cost of the goods for each day of delay.

By failing to provide me with the information required by law about the product, by selling a low-quality product, you violated my consumer rights, and therefore I had to seek legal assistance and pay for the service of drawing up this letter of claim in the amount of 500 rubles (supporting document - receipt of Lawyer LLC "from 11/17/2017)

Taking into account the above circumstances, guided by Art. 4, 8, 10, 12, 18, 22 of the Law of the Russian Federation “On the Protection of Consumer Rights”, I refuse to fulfill my obligations under the purchase and sale agreement and demand:

1. No later than 10 days later, return to me the money paid for the product of inadequate quality - Smartphone Samsung Galaxy J5 Prime SM-G570F in the amount of 12,990 rubles.
2. Compensate me for costs (losses) caused by seeking legal assistance in the amount of 500 rubles.

If my legal demand is left unattended, I have the right to file a claim in court, where I will demand compensation not only for material costs, but also for moral damage, as well as a penalty for delay in satisfying the consumer’s legal demand.

November 18, 2017 /Nastoichenko/ L.Yu. Nastoichenko

Writing

The claim can be handwritten or typed .

Dates and signatures must be entered manually.

Now let’s look at the nuances using specific examples.

To the developer

Such a developer?

This is a person (representative of an organization) who is responsible for the construction of your house, for carrying out major repairs in it, and so on.

Therefore, all complaints regarding the discovery of defects and defects in your house or apartment are sent to him .

You can make a claim if :

1. The developer does not deliver the housing on time.
2. A defect was discovered during construction.
3. Defects were discovered in the work after the object was handed over.
4. Major repairs were carried out poorly.

Suppose the roof of your house was replaced during a major overhaul, but during the first rain, wet stains appeared on the ceilings of the apartments on the top floor. You will find a sample and rules for filing a claim under a construction contract in this article.

You never received an answer to your first complaint.

Your actions :

1. Collectively or individually a complaint is being drawn up, containing approximately the following text: “On March 17, 2015, a claim was sent to your organization, in which it was reported that in the house (address), after major roof repairs (period of implementation, if you know), during rain, the apartments on the top floor (rooms) are flooded apartments) and a demand was made to eliminate the deficiency within 7 working days. The claim was received on March 19. Based on Article 29 of the Law on the Protection of Consumer Rights, the contractor is obliged to eliminate the deficiencies in his work within a reasonable time.
   As of April 30, 2015, no measures had been taken to eliminate the leak and no response was received to the complaint dated March 17.

   We again demand that the leak be repaired by May 9, 2015.

   In case of refusal or disregard, we will be forced to go to court with a demand: to eliminate repair defects free of charge, to eliminate the consequences of leaks in apartments at the expense of the developer, to pay a penalty for each day of delay in fulfilling the requirements.”

2. Send by mail , take it in person or deliver the paper through the management company.
3. Wait for an answer . If there is no response within the agreed period, go to court.

According to the supply agreement

Another common case is when we order large goods, such as furniture or building materials, through a store delivery service or make a purchase online, and, accordingly, also expect delivery .

Moreover, the purchase was paid in full in advance.

The contract stipulates deadlines that the store does not comply with.

There was no response to the first claim under the supply contract; the goods are still on their way to you, or have not been fully delivered.

Then you prepare a second complaint.

It refers to Articles 23.1 and 26.1 (when the order was made online or by mail) of the Consumer Protection Law.

True, there is a nuance .

You will not be able to rely on the Consumer Protection Act if it is a contract for the supply of goods that are not intended for personal use.

For example, you have a store of special shoes for people with non-standard foot shapes.

And your supplier for some reason does not deliver the goods on time .

You tried to resolve the issue with a complaint, but there was no result.

Therefore, it is necessary to write a complaint again.

Then rely on articles 506, 508,509,520,521,524 of the Civil Code.

The content should reflect the details of the current situation and requirements.

Don't forget to mention the first complaint that was not answered .

To the bank

Well, banks do not always consider our requests on time or write refusals.

More common, of course, are refusals .

For example, you wrote a claim regarding imposed insurance premiums on a loan, but the bank refused, citing the fact that you did not have time to complete your application on time.

In fact, such contributions are illegal unless you voluntarily decide to get insured and write an application about it.

Therefore, complain again, but before doing so, carefully read the written refusal and the contract.

You will probably not find clauses in the text of the contract containing deadlines for waiving insurance premiums.

The Law on Banks and Banking Activities can help you.

I urge you to read the contracts you sign at banks.

The bank makes money on ignorance of customers.

You can protect yourself from unnecessary waste by asking questions about points that are unclear to you.

You can get more detailed information about claims to the bank regarding loans and other issues on this page.