Sample claim under a service agreement, debt collection, refund of funds

Author

Sergey Ershov

Registration number in the register of lawyers of St. Petersburg – 78/5563

The services have been completed, but you still have not received the money. A claim sent to the customer under the service agreement will convince him not to delay payment. If you refuse to settle the dispute out of court or do not receive a response to the demand for debt payment within the specified period, you will be able to return the funds through the court.

What forms and sample agreements are useful for drawing up a claim?

I will tell you what grounds there are for filing a claim, how to draft it correctly, and how to formulate your requirements. You will find out which articles of the law to refer to in order to confirm the fact of violation of the terms of the agreement, within what time period and in what way the claim under the service agreement must be served on the counterparty.

I have prepared up-to-date forms and already completed sample claims on various grounds, so that you can draw up a document correctly even without legal assistance:

Pre-trial claim form under a service agreement (DOC 24 KB).
Sample claim for debt collection under a service agreement (DOC 27 KB).
Claim form for payment of debt under a service agreement (DOC 18 KB).
Sample claim for non-payment under a service agreement (DOC 19 KB).
Claim form for reimbursement of expenses for eliminating deficiencies in services provided (DOC 40 KB).
Sample claim between legal entities for reimbursement of expenses for eliminating deficiencies in services provided (DOC 42 KB).
Sample claim for termination of a service contract due to a significant change in circumstances (DOC 41 KB).
Sample claim for termination of a service contract due to its material violation (DOC 40 KB).
Sample claim for a refund for services due to failure to provide necessary and reliable information (DOC 17 KB).
Sample claim from the customer to the contractor for a refund due to the fact that the service was not provided (DOC 16 KB).
Sample claim in connection with violation of terms of provision of services (DOC 16 KB).
Claim under a contract for the provision of transport services in case of violation of the payment deadline (DOC 14 KB).

What is a claim and when is it submitted?

If the counterparty has violated the terms of the agreement, draw up a claim and hand it to him.
Service agreements (SAA) include agreements for the provision of communication services, medical, veterinary, consulting, auditing, information, legal, security and advertising services - Art. 779 of the Civil Code of the Russian Federation. The preschool educational institution also provides services for training, assessment, electricity transmission, tourism and transport services.

Obligations under the contract must be fulfilled properly - Art. 309 of the Civil Code of the Russian Federation. If the other party unreasonably delays the deadlines for completion or payment, or the quality or volume of services provided do not comply with the established terms of the agreement, file a claim and send it to the counterparty.

Important! A claim under a paid services agreement is a written request to the counterparty with a demand to resolve a dispute arising in connection with a violation of obligations. The essence of the document is to make it clear to the other party of the DOU that solving the problem without resorting to litigation is much more profitable for it.

If the counterparty refuses to satisfy your demands, or after the expiration of the period specified in the letter for correcting violations, you have the right to file a claim in court and achieve fulfillment of the stated requirements, as well as to recover a penalty and legal costs. The claim in this case will confirm compliance with the pre-trial procedure and the attempts you have made to resolve the dispute peacefully.

Thus, under a contract for the provision of services for a fee, the following types of claims can be made:

Informal, which is sent to the counterparty when disagreements arise regarding the DOU. Its task is to encourage the fulfillment of obligations out of court. The general meaning of the document is to remind the other party about the expired deadlines and the amounts of unfulfilled obligations.
Mandatory, which is presented in order to comply with the pre-trial (claim) procedure for resolving a dispute established by law or agreement. It specifies both the requirements for the counterparty and a message about the intention, in case of failure to fulfill obligations, to go to court to protect their rights.

When should you file a claim?

A claim under a service agreement is sent to an unscrupulous counterparty when:

The desire to resolve the conflict without involving the judiciary - often violations are corrected after receiving a written message of the intention to collect through the court not only the debt for the preschool educational institution, but also the amount of the penalty, and the state duty, and the costs of legal assistance.
The need to fix the date of fulfillment of the obligation - if the preschool educational institution did not agree on the deadline for the performance of services or their payment, or this period is determined by the moment of demand - Art. 314 Civil Code of the Russian Federation.
The desire to change or terminate the preschool educational institution - Art. 452 of the Civil Code of the Russian Federation. In this case, the claim contains a proposal to change the clauses of the concluded agreement or a demand for its termination due to failure to fulfill obligations by the counterparty.
Decisions to defend their rights and interests in court - if compliance with pre-trial procedures (resolution of disputes by filing a claim) is provided for by the service agreement or by law.

Filing a claim is a mandatory condition for moving to the judicial stage and for the court to accept the statement of claim:

For all disputes related to the collection of funds - Art. 4 Arbitration Procedure Code of the Russian Federation.
Upon receipt of the counterparty's refusal to change or terminate the contract - Art. 452 of the Civil Code of the Russian Federation.
For disputes arising from cargo transportation - clause 1 of Art. 797 Civil Code of the Russian Federation.
For disputes arising from the contract for the provision of communication services - clause 4 of Art. 55 Federal Law No. 126.

Important! Confirmation of compliance with the pre-trial (claim) procedure when going to court will be a copy of the claim and documents confirming its sending to the address of the counterparty. Be sure to save postal receipts, documents from the delivery service, a copy of the claim with the recipient’s signature, etc.

Is there any point in filing a claim if there is no contract for the provision of services?

If the contract for the provision of services is lost or not signed, if you only have a fax copy in your hands, or the contract was signed by an unauthorized person, or it was concluded in words, this does not mean that there was no transaction.

Failure to comply with the simple written form of the contract does not entail its automatic recognition as invalid or unconcluded: a contract for the provision of paid services can be concluded in any form - Art. 434 Civil Code of the Russian Federation, ch. 39 of the Civil Code of the Russian Federation.

If the case goes to court, you will be able to confirm the existence of a legal relationship if there is evidence of the actual provision of services, i.e. documents that indicate the agreement of the parties and (or) the actual execution of the DOU:

Customer requests.
Issued by the contractor and paid invoices.
Waybills with taxation and a mark on receipt of services.
Other written evidence of negotiations on the provision of services.
Correspondence, incl. and electronic.

Therefore, in the absence of a written contract for the provision of services, the chances of achieving the fulfillment of obligations by an unscrupulous counterparty are high. Send the claim to the other party, indicating in it the option of pre-trial resolution of the problem, the period for eliminating the violations and the consequences of failure to comply with your requirements.

Important! A claim that the counterparty agrees with will serve in court as evidence of the existence of a legal relationship.

If the agreement is declared invalid or not concluded, then the court may regard the actual relationship between the parties as a one-time transaction for the provision of services for a fee. In this case:

The customer will only be able to demand the return of the advance payment for services not provided, claiming in a claim for unjust enrichment of the contractor - Art. 1102 of the Civil Code of the Russian Federation.
The customer will be able to demand payment of interest for the use of other people's funds - Art. 395 of the Civil Code of the Russian Federation.
The contractor can only recover the cost of services provided and accepted by the customer as unjust enrichment - Art. 1102 of the Civil Code of the Russian Federation.
In case of late payment, the Contractor has the right to demand interest accrual under Art. 395 of the Civil Code of the Russian Federation.

Important! If the services were not provided or the customer refused to accept them, if the customer did not pay the invoice issued by the contractor, and no response was received to the complaint, the court may recognize the absence of a contractual relationship between the parties. In this case, it will not be possible to collect the debt.

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:

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.
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

How to file a claim under a service agreement

The claim must be made in writing, it must be substantiated and motivated.
At the legislative level, the form of the claim under the service agreement is not established. Therefore, when compiling it, it is advisable to adhere to the general rules developed by business and judicial practice, as well as the requirements for the preparation of documents given in GOST R 7.0.97-2016:

The claim must be submitted in writing - written on a sheet of any size by hand or typed on a computer.
In its structure and form, the claim must comply with the standards of office work, and in content and text - with the rules of the Russian language.
The document is drawn up in two copies - one for each party.
If the addressee is a company, then indicate the name in the nominative case, and if a person - in the dative (“to whom”).
All amounts in the claim are given in numbers and in words.
If the sender is a legal entity or individual entrepreneur, it is advisable to place the text of the claim on letterhead containing the organization’s details.
If the claim is made on behalf of a legal entity, it must be signed personally by the head or a person authorized to sign such documents.
Without a signature, the claim has no legal force - the use of facsimile autographs is excluded, the signature must only be “live”.
The organization's seal is placed on the document if this norm is prescribed in local regulations. The seal should not go over the signature.
The claim should be registered in the journals of documents and outgoing correspondence.

Who files the pre-trial claim?

The party to the contract whose rights and interests have been violated makes a claim. This may be the customer of the services or their performer - legal entities, individual entrepreneurs and individuals.

You can create a document:

independently, using the recommendations below or downloading the appropriate form posted at the beginning of this article, filling it out according to the sample provided for a specific situation and signing it personally;
by entrusting this task to in-house counsel or any employee of the company - this person must have the authority to make claims on behalf of the organization;
If you turn to third parties for help (third-party lawyers, representatives), you should issue them a power of attorney with the right to sign claims on your behalf or on behalf of the company.

How to write a claim - step-by-step instructions

The claim includes several information blocks:

Details of the parties to the agreement.
Document's name.
Introductory part.
Grounds for filing a claim.
Demands against the violator or proposals to resolve the dispute.
Deadline for fulfilling requirements.
Warning about the consequences of ignoring the offer.
List of attached documents.
Date and signature.

I have prepared step-by-step instructions for you with recommendations for design and content. With its help, you will be able to draw up a letter of claim to your counterparty without resorting to legal assistance.

Step 1

If the contract for the provision of paid services was concluded in writing, carefully study it. If there is a clause on the form and content of the claim, the instructions given in the DOU must be followed.

If the contract is oral or you acted without it, make sure that you have documents confirming the existence of contractual legal relations: an invoice issued and paid, an acceptance certificate signed by both parties, etc.

Step 2

Fill out the “header” of the document - indicate on the right side of the sheet (approximately 1/3 of A4 size):

Information about the sender - the name of your organization or full name for individual entrepreneurs and individuals, address, phone number and email.
Recipient details (under the details of the document author): for legal entities. persons - position (for example, director), company name, surname and initials of the manager, legal address; for individual entrepreneurs and individuals - last name, first name and patronymic, registration address. The counterparty's details are usually taken from the contract.

Step 3

The title is written in the center. Indicate the name of the document and the number of the agreement on the basis on which it is drawn up: “Claim under a contract for compensation.

It is important that the title makes it clear what kind of document this is and what it is about. Avoid titles such as “Notice”, “Demand”, etc. This will allow you to avoid ambiguous interpretation of your correspondence with your counterparty.

Step 4

The introductory part should identify your legal relationship with the counterparty. Please indicate:

number, date and place of conclusion of the service agreement;
subject of the contract and its value;
other essential terms of the contract.

If there is no DOU in writing, you must refer to other documents confirming the existence of a contractual relationship (invoice, acceptance certificate, etc.).

On a note. Align this block and all subsequent ones to the width of the sheet.

Step 5

Briefly outline the essence of the violations that served as the basis for filing the claim: list them, in the text provide links to the clauses of the contract confirming non-fulfillment or improper fulfillment of obligations. Do not quote the terms of the contract, but simply point to the relevant clause.

It is advisable to refer to legislative norms in the text - this will make it clear to the recipient that you are sufficiently savvy in legal matters and will defend your violated rights and interests in court.

Typically, the DOU indicates the following violations on the part of the counterparty:

Services were not provided in full.
The quality of the services provided does not correspond to that established by the agreement.
The nature of the services provided does not comply with the contract.
The deadlines for the provision of services were violated.
Payment deadlines were violated.

Also indicate that you have fulfilled your part of the obligations under the DOU in full or in the agreed part: “Made payment for, “All documents have been transferred to the contractor...”, etc.

In the text, provide a link to a document confirming your arguments: a receipt, payment order, etc.

Step 6

State your requirements for the counterparty clearly and logically. They must be based on the content of the contract and the actual events surrounding the violation.

Important! If you indicate the amount of debt in the requirements, do not forget to write it down in numbers and words. It is also important to note in the claim the bank details for transferring funds.

If in your claim you ask for the return of the principal debt, then for claims for interest and penalties, the claim procedure will be considered complied with, even if they are not indicated in the text.

The discrepancy between the amounts of the penalty specified in the claim and the statement of claim does not indicate non-compliance with the claim procedure for resolving the dispute - clause 11 “Review of practice on the mandatory pre-trial procedure for resolving the dispute.”

Step 7

Set a deadline for reviewing the claim and fulfilling your requirements.

Step 8

Warn the counterparty of your intention to go to court if it refuses to eliminate its violations. List the consequences of refusal: fines, attorney fees, and court costs.

You can also describe in the body of the letter the advantages of resolving the dispute peacefully: “Fulfilling the requirements will save your time, nerves and money, and will also create the prerequisites for our further cooperation in other commercial projects.”

Step 9

List in the form of a numbered list the documents that confirm the factual circumstances of the filing of the claim and your authority to sign the document. If the claim is accompanied by receipts, checks, additional agreements, photos and videos of evidence of violations, mention them in the claim.

Step 10

Enter the date the document was compiled. The claim must be signed personally - by the head of the company or by a person acting on the basis of a power of attorney.

What to demand in a claim

The signature on the claim must be “live.”
The requirements presented in the claim depend on which clauses of the service agreement are violated. Each party has the right to announce its intention to recover through the court also a contractual penalty for delay, a penalty or a fine, as well as legal costs, incl. and legal fees.

Important! If the terms of the contract are violated, both parties may insist on payment of a legal penalty, regardless of whether the obligation to pay it is provided for by agreement of the parties - Art. 332 of the Civil Code of the Russian Federation.

If the rules on the protection of consumer rights are applied to the contract for the provision of services, then if there is a delay in the execution of the contract, a penalty (penalty) can be demanded from the contractor for each day of delay.

What the contractor has the right to demand from the customer

The Contractor may require from the customer:

Accept and pay for services if the counterparty for some reason refuses to accept.
Pay for services provided of proper quality.
Pay the debt if the deadline for fulfilling financial obligations has expired.
Make an advance payment, which is provided for in the contract, but has not been made.
Follow a certain procedure for acceptance and transfer of services.
Terminate or change the contract.
Reimburse actual expenses incurred in the event of a unilateral refusal by the customer from the contract.

What the customer has the right to demand from the contractor

In the customer's claim against the contractor, you can demand:

Return of advance payment.
Immediate provision of overdue services.
Reducing the cost of services provided that he was not satisfied with their quality or quantity.
Eliminate deficiencies or negative consequences of the service provided free of charge.
Re-provide the service if the identified deficiencies cannot be eliminated.
Reimburse amounts spent on eliminating deficiencies by third parties or on your own.
Pay for expert opinions in case of poor quality performance.
Full compensation for losses in connection with termination of the contract at the initiative of the contractor.
Termination or modification of the contract.

What legal norms should be referred to in a claim under preschool educational institution?

References to legislative norms give credibility to the pre-trial claim and indicate the unlawfulness of the debtor’s actions. You can refer to the following standards:

Art. 309 of the Civil Code of the Russian Federation - obligations must be fulfilled properly.
Clause 1 Art. 779 of the Civil Code of the Russian Federation - the contractor is obliged, on the instructions of the customer, to provide services, and the customer to pay for them.
Art. 780 of the Civil Code of the Russian Federation - the contractor is obliged to provide services personally, unless otherwise provided by the terms of the contract.
Clause 1 Art. 781 of the Civil Code of the Russian Federation - the customer is obliged to pay for the services provided to him within the time frame and in the manner specified in the contract for the provision of paid services.
Clause 2 Art. 781 of the Civil Code of the Russian Federation - if performance is impossible due to the fault of the customer, services are subject to payment in full.
Clause 3 Art. 781 of the Civil Code of the Russian Federation - if performance is impossible due to circumstances beyond the control of the parties, the customer shall reimburse the contractor for the expenses actually incurred by him.
Clause 1 Art. 782 of the Civil Code of the Russian Federation - if the customer unilaterally refuses to fulfill the contract, he must pay the contractor the expenses actually incurred by him.
Clause 2 Art. 782 of the Civil Code of the Russian Federation - if the contractor unilaterally refuses the contract, he must fully compensate the customer for losses.
Clause 1 Art. 307 of the Civil Code of the Russian Federation - each party has the right to demand from the debtor the fulfillment of his obligations.
Clause 3 Art. 307 of the Civil Code of the Russian Federation - the parties to the contract are obliged to act in good faith, taking into account the rights and legitimate interests of each other, providing the necessary assistance, as well as providing each other with the necessary information.
Art. 314 of the Civil Code of the Russian Federation - obligations must be fulfilled within the period specified in the contract.

If the customer is a citizen who uses the services exclusively for personal, family, household and other needs not related to business activities, the claim can refer to the norms of Federal Law No. 2300-1 “On the Protection of Consumer Rights”:

Art. 28 - consequences of violation by the contractor of the terms of provision of services to the consumer.
Art. 29 - responsibility of the parties and rights of the consumer when deficiencies in the service provided are discovered.
Art. 36 - the duty of the contractor to inform the consumer.
Art. 37 - procedure and form of payment for services provided.

Confirmation of the sender's integrity

Next, you need to indicate that the sender has fulfilled its obligations in full: it has made payment for services rendered - in full or in the agreed part. A link should be made to a document that confirms the arguments of the sender of the claim - for example, a receipt, payment order, etc.

If the performance of services included payment not only for work, but also for materials, then information about each payment should be indicated separately:

Judicial debate

payment was made for... (link to a written document with the number and date of payment)
paid for materials and other expenses (link to payment documents)

After confirming the proper fulfillment of obligations, you need to move on to indicating violations on the part of the recipient of the claim. It should be noted that the work was performed poorly, was redone several times and the author of the claim suffered harm.

If harm is mentioned, then you need to indicate what exactly it is, and what actions of the contractor caused harm to the customer (for example, as a result of poor-quality repairs, the car got into an accident, which caused the customer to spend on treatment and repairs to the cars of other participants in the accident) .

Requirements must be stated clearly and logically. You should rely on the content of the contract and the actual events that occurred during the provision of services and accompanied the violation of rights.

What are the features of drawing up a pre-trial claim?

There is no single standard form for a pre-trial claim under a service agreement.
When preparing a claim, you should take into account the possibility that the counterparty will not appreciate the seriousness of your intentions and decide not to fulfill your obligations. You will have to go to court.

The court may find the claim procedure not followed, which will result in leaving the claim without consideration and you will have to re-file the claim, correcting the existing shortcomings in it.

I recommend paying attention to the following nuances:

The details of the counterparty must correspond to reality and be specified correctly.
The claims and claims must be the same.
The requirements must be construed unambiguously.
If your requirements are monetary, please indicate the details of the account to which the money needs to be transferred.
The text should indicate the amount of the principal debt, and it is also advisable to mention the obligation to bear responsibility in the form of penalties (fines, fines, interest for the use of other people's funds).
If the claim does not indicate a deadline for fulfilling the requirements, the court may consider your claim to be unlimited.

Important! You must have a document in your hands confirming that the claim was sent to the addressee. When filing a claim in court, you will need proof of compliance with the pre-trial procedure for resolving the dispute.

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

How to submit a claim

The contract for the provision of services may provide for any method of filing a claim - and it should be followed. If there is no such clause in the agreement, then it is recommended to present a written demand to the counterparty in one of the following ways:

By sending it to the address specified in the contract or to the legal address of the counterparty by a valuable letter with a list of the contents and a receipt.
Submit the claim to the authorized representative against signature. It will not be superfluous to affix a stamp of the organization, indicating the incoming number, date, position and full name. receiving person.

The operative part

It must clearly formulate the requirements for the recipient of the claim. It could be:

free elimination of errors that were identified after the service was provided
reimbursement of the amount spent on eliminating defects independently (including with the help of third parties)
termination of the transaction and reimbursement of expenses (for example, refusal to use the services of tour operators, demands to reimburse expenses for a voucher and air ticket, etc.)
repeat work. This is practiced when identified deficiencies cannot be eliminated
reduction in the cost of work or services already performed

You can demand payment of penalties, penalties or penalties that were specified in the contract.

Methods for satisfying a claim are provided for in the Civil Code of the Russian Federation and special laws.

What are the deadlines for filing a claim?

The period for filing a claim under a service agreement is determined by the concluded agreement.

If the preschool educational institution sets a deadline for filing a claim, and you violated it, this is a reason for refusing not only to satisfy the requirements, but also to refuse a claim based on this claim.

It is in your interests to file a claim as soon as possible - the more time passes, the more difficult it is to prove the guilt of the counterparty.

If the customer is a citizen who orders services from a contractor-entrepreneur for his personal (household) needs, when determining the deadline for filing a claim, the rules of the Law on the Protection of Consumer Rights - Ch. III Federal Law No. 2300-1.

Important! The time it takes to detect deficiencies depends on their severity. If the shortcomings are obvious, then they need to be identified when the customer receives the services or their result from the contractor. Moreover, inadequate quality must be reported to the contractor immediately.

The general provisions on contracting and household contracting also apply to a contract for the provision of services for a fee:

Claims related to defects in the work result can be submitted during the warranty period, and if the warranty period is less than 2 years and the defects in the work result are discovered by the customer after its expiration, but within two years - Art. 724 Civil Code of the Russian Federation.
If defects in the work result are discovered from the moment of acceptance or during the warranty period or a reasonable period, but no later than 2 years (for real estate no later than 5 years) - Art. 737 Civil Code of the Russian Federation.

If the deadline for filing a claim with the DOU is not specified, then the document should be sent to the counterparty within a reasonable time, which should include time to assess the current situation, to make decisions and time to draw up the document.

The statute of limitations should not be ignored either - the general period for applying to court for protection is 3 years from the day the plaintiff learned that his rights were violated. It is used in most cases. Exceptions are cases provided for by law:

For the transportation of cargo, the period is 1 year from the moment determined in accordance with transport charters and codes - Art. 797 Civil Code of the Russian Federation.
In terms of quality within a reasonable time, but no later than 2 years - Art. 737 Civil Code of the Russian Federation.

Possibility of unilateral termination of the contract

Art. 782 of the Civil Code of the Russian Federation provides for the possibility of unilaterally terminating a contract, regardless of the quality and content of services. It is justified by the freedom of civil law relations, subject to legal restrictions. If he wishes to terminate the contract, the customer must notify the contractor in advance and reimburse his expenses and pay for the amount of services actually performed.

If the contract has terminated through no fault of the customer, then the contractor must return the amount of payment to the customer and compensate for the damage. If the failure to perform services was due to the fault of the customer, then he pays the service provider in full.

After writing a complaint

The consequences of sending a claim to the counterparty may be as follows:

He will fulfill the requirements specified in the document in full.
The requirements will be partially satisfied, providing a refusal for the remaining part - you can prepare a statement of claim for the remaining unfulfilled part of the requirements.
He will refuse the claim or your demands will be ignored - the expiration of the response period gives you the right to go to court.

If the deadline for a response was not specified either in the contract for the provision of services or in the claim - on the basis of Part 5 of Art. 4 of the Arbitration Procedure Code of the Russian Federation, you have the right to go to court after the expiration of the 30-day period.

Remember

Both the customer of services and the provider have the right to make a claim.
A claim under a service agreement must be made in writing, taking into account the rules of business turnover and the Russian language.
The claim can be filed by hand or typed on a computer; a sheet of any format or the organization’s letterhead will do.
The essence of the claim, demand and ways to resolve the dispute should be stated clearly, without ambiguous interpretation.
In the body of the letter, refer to the clauses of the service agreement, the norms of the Civil Code of the Russian Federation and other regulatory and legislative acts.
All amounts in the claim are given in numbers and in words.
Without a signature, the claim has no legal force - the use of facsimile autographs is excluded, there must only be a “live” signature.
The organization's seal is placed on the document if this norm is prescribed in local regulations.
The document is drawn up in two copies - one for each party.
The claim should be submitted in the manner specified in the service agreement. If this clause is missing, give preference to delivery against signature or send it by Russian Post in a valuable letter with a list of the contents and a notification of delivery.
To recognize the pre-trial procedure as complied with, the requirements in the claim must comply with the requirements set out in the statement of claim. In this case, the amount of fines, penalties and interest may not be indicated in the letter.

Have you filed a claim under a service agreement yourself? Were you able to convince your counterparty to resolve the conflict out of court?

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.

Date of conclusion of the contract (purchase of goods).
The main responsibilities of the parties under the contract.
Which of these duties were violated?
The applicant's request for a refund.
Deadlines for fulfilling the requirement.
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