Rules for conflict resolution: from claim to trial

Ideally, conflict is resolved through negotiations. As soon as you move from words to the exchange of official letters, things take a serious turn, and each “piece of paper” acquires special significance.

A conflict that has gone beyond ordinary business communication is conventionally divided into two parts:

• Claim (pre-trial) procedure.
• Protection of interests in court.

Sometimes the first step is omitted, but in most cases it is necessary for the judge to consider the case.

Deadline for responding to a pre-trial claim

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

The legislative framework

The legislative period for consideration and satisfaction of claims is established by the following legal acts:

• Civil Code (Articles 452, 821, 837);
• Law “On Protection of Consumer Rights” dated 02/07/1992 No. 2300-1;
• Code of Inland Water Transport (Article 163);
• Law “On Compulsory Motor Liability Insurance” dated April 25, 2002 No. 40-FZ (regarding consideration by insurance organizations).

These are the main bills regulating how long Russian companies must respond to the claims of applicants.

Refusal to comply with requirements in a claim

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

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

The details for responding to a claim are as follows:

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

The review deadline must be met.

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

The procedure for drawing up and submitting a claim for an urgent resolution of the issue

The complaint is written in free form. It is important to include the following information in the document:

1. Accurate details of the addressee and applicant.
2. Detailed description of the situation.
3. Requirements and possible solutions to the issue.
4. Signature and date of writing the document.

The description of the conflict situation should be written briefly and objectively. For low-quality goods, the identified defects or discrepancies with the description should be listed. If the service provided is unsatisfactory, you should indicate in detail what exactly the customer did not like.

The conditions of the injured party must be formulated clearly and unambiguously. For example, replacement of goods, refund of money, warranty repairs or elimination of detected inconsistencies. For a speedy consideration and response to the claim, it would be useful to describe the negative consequences that have arisen as a result of the current situation.

The text of the document must indicate the desired deadline for responding to the consumer’s complaint, if it is not specified in the contract or is not established by law for the given industry. When the deadlines are directly established, you can refer to the fact that you are aware of these provisions, but you ask to make an exception and provide a decision ahead of time. In conclusion, it is also recommended to indicate your intention to go to court if the dispute is not resolved voluntarily as soon as possible.

Copies of documents confirming the validity of the requirements presented in it should be attached to the complaint. For example, a copy of the service agreement, a receipt, a warranty card, as well as any evidence that allows you to immediately determine that the claim is legitimate and requires prompt consideration.

The package of claim documents can be delivered to the addressee personally or sent by registered mail with acknowledgment of delivery. Russian Post is not the best authority for quickly delivering correspondence, so it is better to use private postal services that will deliver the claim as quickly as possible and provide proper confirmation of delivery. If you submit an application in person, you should draw up an appeal in 2 copies so that the receiving party signs and dates the receipt of the complaint on the duplicate.

The time limit for filing a claim is limited by law only in certain situations. Some organizations set their own periods, but they cannot worsen the consumer’s situation, therefore, in some cases, the terms are strictly defined by law:

• 30 days for cargo transportation services;
• from 1 to 6 months under communication service contracts;
• 14 days for exchanges and returns of purchases;
• warranty period, but not less than 2 years, for requests for elimination of defects, and others.

If the deadline for filing a claim is specified in the contract or regulations of the company to which the complaint is addressed, and you are not satisfied with this procedure, you should indicate in the application the reason for the objections. Currently, most entrepreneurs do their best to meet clients' needs in order to preserve and maintain their reputation, as well as avoid litigation, so it is worth trying to present your own conditions in the claim.

Reasons for filing a claim

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

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

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

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

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

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

Exclusive procedure for processing claims

Often, conflicts arise not only between sellers and buyers in retail trade, but also between management companies and residents, car owners and insurance companies.

If residents file a claim due to violation of deadlines for cleaning the territory or poor quality of work, the management company must provide a response within 5 business days, unless otherwise specified in the management agreement. According to Decree of the Government of the Russian Federation dated August 13, 2006 N 491, the response period can only be changed downward.

A car owner can challenge the amount allocated under compulsory motor insurance for car repairs after an accident. To do this, you must first submit the complaint to the office of the insurance company and wait for the insurer's decision, which must be submitted within 10 working days. If the answer is not received or turns out to be unsatisfactory, the owner of the car will have the right to go to court.

Thus, the claim procedure for pre-trial resolution of conflicts is the easiest way for the applicant. It happens that the responsible party ignores the appeal or refuses to voluntarily fulfill the presented requirements, so after filing a claim, the victim has to contact Rospotrebnadzor, the prosecutor's office or the courts. You should always keep a duplicate of the claim statement in order to confirm in court an attempt to resolve the situation on a voluntary basis. If there are legal grounds, a court decision will be made in favor of the plaintiff and will force the counterparty to comply with the requirements forcibly.

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Rules for filing a claim

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

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

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

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

One of the options for drawing up a document

The document contains details:

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

Sample letter of claim

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

Please note a number of nuances when writing a claim:

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

Features of product disputes between the buyer and the store

There are few options for the seller in the event of a claim for a defective product. If the information contained in the appeal is confirmed, you will:

1. Refund the purchase price.
2. Replace a defective product.
3. Negotiate a reduction in the purchase price.
4. Pay for the elimination of the malfunction or compensate the buyer for this work if he did it himself.

The initiative lies with the store. Having received a letter of claim, he has the right to immediately replace the defective product. This deprives the buyer of the opportunity to demand a refund for the purchase . This approach is beneficial in that the store closes the sale anyway, and can exchange low-quality goods from the supplier or manufacturer.

If it is not possible to replace the purchase, and the repairs will be expensive or the identified defects cannot be eliminated, all that remains is to return the money. Refunds are also required in the following cases :

• The malfunction is directly related to a manufacturing defect;
• The product does not meet the stipulated standards and technical specifications, due to which its functioning is limited or impossible;
• Food products are prepared in violation of the recipe, contain unsuitable ingredients or are externally damaged;
• The conditions for storing and transporting the purchase before sale were violated;
• The product is damaged by the seller, third parties or as a result of exposure to natural forces before being handed over to the consumer.

The seller is obliged to provide the buyer with operating instructions and document this. Otherwise, the consumer may request a refund due to the product being faulty due to improper use.

For this reason, the purchase and sale agreement states that in addition to the product and its components, an instruction manual is attached. When considering a claim, the seller has the right to demand the sold product to conduct research on its quality.

You need to pay attention to documents confirming the presence or absence of a defect : an act of non-conformity of quality or an expert’s conclusion. But, in addition to claims for defective goods sold, the buyer may demand a refund and compensation for damage due to non-compliance with delivery conditions. In this case, the delivery agreement, invoices, and acceptance certificate are of paramount importance.

The peculiarity of disputes between the store and the buyer is that the defect can manifest itself after years of operation. If the examination indicates a manufacturing defect, and the deadlines allow, the seller is obliged to fulfill the claim requirements.

General information about the features of filing a claim for product quality is described in a special material. Recommended reading.

The problem is that at the time of receipt of the letter this is not obvious, it is ignored or the goods are sent for examination without providing a similar one for temporary use. A protracted dispute leads to increased penalties and financial losses.

Deadline for responding to a claim under the consumer protection law

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

The nuances of determining deadlines and responsibility for violating them

It is important for the applicant, as well as the defendant, to remember that each claim is unique and may require identification of additional reasons for the violation or examination in the case of improper goods or insurance under OSAGO. Therefore, the Civil Code introduces the concept of a reasonable period - a period of time for feedback, supported by circumstances.

For example, if the defendant remains silent, the consumer can file a statement of claim in court. However, the other party may invoke a reasonable period by providing evidence to delay the feedback.

Deadlines for responding to a legal entity’s claim

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

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

The nuances of determining deadlines and responsibility for violating them

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

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

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

Case resolution practice

Reviewing court decisions, lawyers come to the conclusion that the parties lose a dispute in most cases due to incompetence. For example, a consumer often corresponds with a store by email or telephone. This leads to a violation of the deadlines for sending a letter of claim according to law or contract, in which they may be limited to 5-10 days from the moment of detection of a defect, poor-quality service or late delivery.

Another common mistake is the lack of documentary evidence of the direction of the claim. In court, without this, it is difficult for the plaintiff to prove that he submitted demands to the store in a timely manner, and the courts take the side of the defendant.

On the other hand, in 2015, the Ninth Arbitration Court of Appeal adopted a resolution in which filing a claim in violation of the deadline for filing it, but within the limitation period, is not grounds for refusing to consider an appeal to the court. This opinion is also shared by other courts, including capital courts and the Supreme Arbitration Court of the Russian Federation.

However, there are also reverse solutions. For example, the arbitration court of the Volga-Vyatka District considered a claim against a store. The subject of the dispute is a printer that did not meet the characteristics stated by the seller. During the meetings, it turned out that the buyer sent several complaints to the store and eliminated the shortcomings on his own. The court rejected the plaintiff's claims, indicating that he violated the deadlines for submitting a claim regarding the quality of the goods, which were specified in the sales contract.

In 2015, the Ninth Arbitration Court, mentioned above, adopted a resolution similar in meaning. Considering a claim against a store in which the subject of the dispute was a defective product, the judge rejected the claim. The decision was explained by the fact that the sales agreement requires complaints about hidden defects to be sent to the store within 3 days after receiving the goods. The plaintiff filed a claim after 5 months, thereby violating not only the terms of the contract, but also reasonable deadlines.