How to correctly write a complaint about non-fulfillment of cargo transportation conditions

Claim under the contract of carriage

_____________ [date of conclusion of the agreement] between _____________ [name of the Shipper] and _____________ [name of the Carrier] a contract of carriage was concluded _____________ [number of the agreement and its name] (hereinafter referred to as the Agreement) under the terms of which _____________ [terms of the agreement].

In fulfillment of obligations under the Agreement, the Shipper, by payment order dated “___”________ ____, N _____________ [details of the payment order], made an advance payment for the carriage of goods in the amount of _____________ [amount].

According to paragraph 1 of Art. 785 of the Civil Code of the Russian Federation, under a contract for the carriage of goods, the carrier undertakes to deliver the cargo entrusted to him by the sender to the destination and hand it over to the person authorized to receive the goods (recipient), and the sender undertakes to pay the established fee for the carriage of goods.

According to Art. 309 of the Civil Code of the Russian Federation, obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with customs or other usually imposed requirements.

By transferring the funds, the Shipper thereby duly fulfilled the obligations assumed under the Agreement, however, the Carrier’s obligation to deliver the cargo to the destination has not yet been fulfilled. Based on the above, we notify (declare) a unilateral complete refusal to execute the Contract for the carriage of goods dated “___”________ ____, N _____________ [number and date of the contract].

Based on the above and guided by clause _____________ of the Agreement [clause of the agreement], art. Art. 309, 785 of the Civil Code of the Russian Federation, in connection with the improper provision of services for the transportation of goods, you are requested to return funds in the amount of _____________ (_____________) rubles [amount] before “___”_______ ____ [term under the contract or law] paid under the Contract for the carriage of goods dated “___”________ ____, N _____________ [number and date of the contract].

Pay the penalty under the contract (if the penalty is provided for by the contract or law).

Details for transferring funds:

_____________ [insert bank details of the Shipper]

In the event of failure to pay within the specified period, _____________ [name of the Shipper], in turn, will be forced to apply to _____________ [name of the arbitration court] to recover the specified amount, and the amount will increase by the amount of the state duty, payment for the work of a lawyer (representative).

A peaceful settlement of this issue will save your time and money.

_____________ (signature) / _____________ (full name)

In what cases can you file a claim with the carrier company?

A claim for failure to comply with the terms of the delivery contract to the carrier company is the main type of protection of the buyer’s rights, since drivers very often do not admit guilt, and, moreover, things for transportation are rarely insured.

It is necessary to competently draw up a claim, which is based on the act of receiving the product bilaterally.

The law establishes the following reasons for which you can write a statement:

The cargo and packaging were damaged.
Delivery times previously agreed were violated.
Contents damaged during transportation.
Loss of goods.

For example, the PEK company is one of the best transportation companies in the country. But unfortunately, you can find negative reviews about late delivery of cargo and other violations of this company. When faced with such situations, you can write a complaint.

Damage to health

Typically, this type of damage occurs as a result of:

crimes;
administrative offense;
poor-quality medical services provided.

Accordingly, both individuals and government agencies, for example the Ministry of Health, can be guilty of causing such damage.

The amount of damage is determined based on the results of medical examinations and treatment costs.

Damage to health caused during the commission of a crime is usually recovered simultaneously with the court verdict in a civil suit. However, it happens that the offender is not brought to criminal responsibility for one reason or another, for example, when a person is released from liability in respect of whom a psychiatric examination concluded that he was insanity at the time of the crime. In such cases, financial claims are made against the relatives or guardians of the perpetrator.

Claims for damage caused by poor-quality medical treatment can be brought against both a specific medical institution and the Ministry of Health.

Damages resulting from an administrative offense are recovered from the guilty person after a decision on administrative punishment is made. In this case, the decision on administrative punishment will be considered evidence of the fact of damage, but not its amount. For example, the culprit in an accident will be punished for violating traffic rules, and the hooligan will be punished for violating public order, but the damage caused by their actions to the health of a pedestrian or passer-by will be proved by the pedestrian or passer-by in a civil manner.

Template for a claim for debt collection under contracts for services provided

If the answer received from the debtor is not satisfactory, then the next step is to collect the debt through the court by filing a statement of claim. It should also be accompanied by a copy of the claim for debt payment and a number of the following documents (if available): The compiler must indicate in the document all the reasons why the defendant has debt obligations. These include the primary agreement (for example, a contract or supply), a receipt, accounting documents, correspondence exchanged with the debtor (for example, copies of emails where there are obligations to pay for services provided).

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How to write a letter of claim to a transport organization

The conclusion of an agreement between the client and the carrier implies the responsibility of the parties, and in case of failure to comply with the stated conditions, filing claims is the norm. The correspondence of the information specified by the sender in the documentation with the actual characteristics of the cargo is checked by the transport company. If the carrier has accepted the object for delivery, he is responsible for it until it is delivered to the recipient. It is important to initially try to come to an agreement without involving government agencies, by writing a letter of complaint directly to the carrier, which is regulated by the Civil Code of the Russian Federation, Art. 797 “Claims and claims under the contract for the carriage of goods.”

The claim is drawn up in free form, but at the same time has a clear structure that is important to comply with. The essence of the problem should be stated briefly, but all necessary information should be included with references to the terms of the contract and current legislation. The paper sent to the office of the transport company must have the following content:

A heading containing the details of the parties (name of the organization, address, full name of the head, as well as information about the applicant).
The body of the claim letter, which reveals the essence of the claim itself with a description of all the conditions of transportation (date, places of loading and unloading, cost of goods and services, identified damage, shortages, etc.). In this part, you also need to refer to legal norms and indicate the obligations specified in the contract that were not fulfilled by the carrier.
In conclusion, the applicant describes the attached documents (copies) confirming the specified information. Here you can indicate the time frame within which compensation for damage is required, and explain your intention to go to court in case of refusal. The application is signed and a submission date is set.

Two copies of the document are prepared, one of them is sent to the addressee, the other remains with the applicant. In addition, you can take care of photo or video evidence of damage caused in case of cargo damage or shortage. It is important to check the goods in the presence of the carrier upon acceptance before signing the receipt. It will be much more difficult to prove anything later. Of course, the claim is not always effective, in some cases it may even be ignored by the transport company along with the evidence provided, then it makes sense to contact the appropriate authorities who can resolve the situation. Moreover, ignoring the client’s complaint will not add any advantages to the defendant.

Claim for debt collection

The contract determines how much payment must be made and within what time frame. If these terms are violated, or payment is made in full, then this may serve as a reason for filing claims against the violator of the terms of the contract. The claim in this case is an attempt to peacefully resolve the problem without judicial intervention. To avoid litigation, the debtor should, upon receipt of the claim, send a written response indicating the reasons for the delay in payment of funds, as well as a promise to close the debt within a certain period. It is better to send the response to the claim, as well as the claim itself, by mail with acknowledgment of receipt. In this case, the parties will have written confirmation that the documents have reached the other party.

22 Dec 2020 marketur 218

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Claim for debt collection: sample and rules for drawing up

The term “accounts receivable” is widely used in accounting and represents the amount of debts due to an enterprise from legal entities or individuals as a result of economic relations with them. As can be seen from the definition, receivables can only be formed by a legal entity, but the debtor (debtor) can be both a legal entity and an individual. The claim procedure is the first and main pre-trial stage of working with debtors. The debt collection claim itself is a written demand from the creditor to repay the debt in order to avoid litigation. A well-drafted debt collection claim will help convince the debtor of the illegality of his actions and the threat of legal proceedings due to failure to comply with the creditor’s demands for debt repayment. We will tell you how to write it correctly in the article.

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Claim for compensation of losses: rules of registration and content

The issue of the mandatory form and content of the document under consideration is not defined by regulatory legal acts. At the same time, the form of the claim can be provided for by the parties, who can determine in the concluded agreement how it should be drawn up.

Established business practice suggests that this document should be issued as an official letter. You must add to the text:

Date of preparation of the document.
The essence of the requirements, including the circumstances as a result of which the sender suffered losses. These requirements must be clearly formulated (fulfill an obligation, pay off a debt, etc.).
A description of the circumstances and an indication of evidence supporting the claims.
References to legal norms (see the decision of the 18th Arbitration Court of Appeal dated 02/03/2015 in case No. A76-16106/2014).
A warning about possible recourse to the courts if the counterparty does not comply with the requirements.

One of the attributes of a claim is an indication of the amount of damages caused. This amount must be determined in compliance with the principle of fairness and its proportionality to the committed violation of the obligation (see paragraph 4 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 24, 2016 No. 7).

The requirements listed in the served document must be consistent with the requirements that the subsequent claim will contain. Otherwise, the claim procedure will be considered not followed (see the ruling of the Arbitration Court of the Chuvash Republic dated June 15, 2016 in case No. A79-5458/2016).

Compliance with the claims procedure. Sample claim for damages

A sample claim for damages can be viewed by following this link: Sample claim for damages.

An indispensable claim procedure was established by the Arbitration Procedure Code of the Russian Federation for almost all disputes arising from civil legal relations, with some exceptions. Even when filing a counterclaim, sending the claim to the counterparty is a mandatory procedure (see the resolution of the Arbitration Court of the Volga-Vyatka District dated September 29, 2016 in case No. A29-2322/2016).

On the other hand, failure to comply with the claim procedure should not be the exclusive reason for leaving the claim without consideration if such a measure would lead to a delay in the process, as well as a violation of the interests of the plaintiff. In such situations, if there are sufficient grounds to assume that the defendant does not want a peaceful settlement, the court is obliged to consider the case on the merits (see the decision of the Arbitration Court of the North-Western District dated 09/07/2016 in case No. A56-86904/2014).

You can learn about the consequences of ignoring the claims procedure when prosecuting cases in the SOJ from the article Failure to Comply with the Pre-trial Dispute Resolution Procedure - Civil Procedure Code.

Deadlines for filing a pending claim

Submission time depends on many factors:

reasons for the violation;
type of transportation, transport;
conditions specified in the contract.

The claim procedure is required before submitting a statement of claim to the transport company. Therefore, you need to plan to file a complaint in such a way that the period during which it will be considered ends before the limitation period. For transportation, it is one year.

The law stipulates the following deadlines for filing a complaint:

In case of loss of cargo - 30 days after the end of the delivery period or 10 days if delivered by air. With a mixed method - 4 months after receiving the goods.
In case of damage - from the moment of receipt of the goods.
In case of violation of the agreed delivery times - the day when the delivery time ended.

A complaint for property damage must be filed within 6 months. To collect fines, debts, penalties, arrears, and debt obligations of the supplier, you must submit a claim within 45 days.

The period for consideration of a complaint by the transport company is 30 days from the date of receipt.

If the applicant does not receive a written form

response within the required time frame, you can file a lawsuit in court.

For international air cargo transportation, the rules are slightly different. A claim for non-compliance with the terms of the delivery contract is limited to one week for luggage and two weeks for cargo. If delivery deadlines are not met, the period is 21 days. For lost luggage – 18 months.