Claim letter is not difficult to write at all
The first thing you should do after reading thisarticle - go to the bookstore and buy the "Consumer Protection Law", and also recommend it to all your friends and acquaintances. The Law has everything: the list and content of articles, applications and samples, on the basis of which you easily compose a claim letter.
Claims of the consumer and the citizen are regulated by different laws
Some recommendations on the Internet for compilingClaims contain inaccuracies in the part that relates to claims drawn up on the basis of the performance of contractual terms and the customer's claim. It is necessary to distinguish between claims between parties - legal entities or claims to a legal entity from a private person due to violation of consumer rights.
If you make a claim to the managercompany, you are a consumer of its services, and your relationship is governed by the protection of consumers' rights and the relevant Law. If your rights are violated by the employer, then you have the right to apply directly to the court, there is no need to write a claim letter, your relations are governed by the Civil Code. The employer can write a statement with legal requirements, but this is not a claim. This document is drawn up in order to then attach it to the case in court and establish the fact of refusal in legal requirements. It can be called anything - a complaint, a demand, a statement, it is not essential.
Claim to a legal entity under contracts,concluded between legal entities, is written not by an individual, but by an employee of the legal department on behalf of the company in the event that the terms of a contract are violated. The claim is written and the specific points of the previously concluded contract are indicated. Disagreements on contracts of this kind are considered by the arbitration court.
Claims write when our consumer rights are violated
The law mentioned above is detailed inAn accessible form explains who is the consumer and in what cases the claim is written. Lawyers use legal illiteracy of the population and take money for what any educated person can write - a claim letter. In the store, you have a contractual relationship immediately, as soon as you buy any goods. There is no need to retell the content of the Consumer Law, and this is not possible within the framework of one article. It is much more useful to acquire the Law itself and to think a little while reading it.
Claim letter can be written privatea person to a legal entity, if it is a company selling a substandard product or providing a substandard service, but only if the rights of the consumer are violated. A private person is the same consumer. This is not a "duel" or "paper war", as some authors write about the claim. This is the legal defense of their legal rights by law.
Do not be angry, cry out for conscience orlament for times and morals. Do not waste your own and other people's nerves. What for? When there is a law, it must be EXECUTED. Act in accordance with it. It is possible that a claim letter will have an effect on unscrupulous sellers, and you will be able to come to a positive decision. If not, then do not swear and shout. You are a well-bred person. Follow on, calm and confident.
If you receive a negative answer, carefullyread the Law. At this stage, you can get legal advice, if not all in the law is clear. Having convinced that the truth is on your side, boldly go to court, having determined your moral damage three times, and the costs of the state duty will be returned to you by the guilty party. The more citizens are civilized, fully aware of their rightness, armed with the Law, will defend their rights, the sooner we will turn from a country of barbarians into a civil society.
How to write a claim letter
Remember that with any request you need to go tobureaucratic (or official) cabinet, beforehand writing it on paper. Be sure to prepare two copies. You give the first secretary or officer (depends on the level of the official), and on the second copy, yours, (without fail!), A standard mark is made that the claim (complaint, request, application) is accepted, the signature of the claimant (complaint, etc.) must be decrypted, the date is mandatory. Regardless of what exactly you want to find out, any state institution or shop, the company (in the case of asserting the rights of the consumer) has the terms stipulated by law in which itmustgive an answer. If there is no answer, this is an extra positive argument for you in the course of a litigation.
First, fill in the corner where it is indicated to whom and fromwho the claim is sent to. Then the word "CLAIM" is written in the middle of the sheet of paper, this is also a prerequisite. Further you can in an arbitrary form state all that you are sore. The facts, dates and figures must necessarily be reliable. The artistic side does not matter, but it will be very pleasant if the circumstances of the case are stated in a dry and businesslike manner.
Write what exactly you want to get in casepositive solution. If there are documents confirming the facts, make photocopies, prikolite them to the claim and write: "Application", and then on the items: 1,2,3 - list that is attached to the claim. Do not forget to put the date and signature legibly. Now you know how to write a claim letter, if your rights are violated as a consumer.
Be sure to buy the Law and keep in mind that the desire to compensate for moral damage at this stage is not justified. Moral damage is compensated by a court decision.