The situation when a buyer needs to return the money spent is not so rare. There are many reasons for this - the purchased product turned out to be defective, the purchased item was no longer liked for some reason, or a person had a need for money and was forced to refuse the purchase. This can be done in accordance with legal regulations by submitting an application to the seller. In this article, we will look at how to draw up and submit a claim for a refund, a sample document, and the rules for its execution.
Useful properties of a claim
Legal relations related to debt obligations have a three-year statute of limitations. There are cases when the debt collector remembers the debt when he catastrophically fails to send the claim to court. Of course, you can try to restore the deadline for filing a claim, but this is not always possible.
The way out of the situation would be to urgently submit a claim to the debtor. It’s not difficult to make a claim, you don’t need to go to a lawyer to do this, you don’t need to waste time searching for the debtor either, it’s enough to send the claim to his last known place of residence.
From the moment the claim is submitted, the limitation period is suspended. Of course, for suspension, the fact of sending must be documented.
The following may be accepted by the court as documentary evidence:
- a receipt for sending a valuable letter with a list of attachments, certified by a postal employee;
- signature of the debtor on receipt of the claim;
- postal notification of delivery of the claim.
The main thing is that the dates of mailing fit into the statute of limitations. In the future, it will not matter whether a response to the complaint was received. For the court, it is enough to have information only that the claim was sent in a timely manner.
Sample pre-trial claim for refund of money due to refusal to fulfill an agreement
Pre-trial claims to resolve problematic issues are a common practice in many administrative cases. Moreover, in many situations it is completely mandatory. An attempt to reach a consensus through communication with the immediate management of an organization that has violated the rights of buyers of a product/service fits within the framework of the pre-trial procedure.
Therefore, when filing a claim for a refund for a low-quality product or for its absence after payment, it is not at all necessary to make any notes that the request is pre-trial and to seek the services of a lawyer. The name sounds as simple as “claim”. It is worth noting that such sample statements (as well as judicial ones) are allowed to be drawn up by individuals and legal entities.
In this case, it is not necessary to mention any articles of law. This is only a recommendation. A significant point is the agreement concluded between two persons involved with different forms of organization or status of persons: individual, legal, individual entrepreneur (on both sides). A pre-trial claim will help prove in court not only the initial, but also subsequent unlawful actions.
Already at this stage, the addressee of such a sample claim concludes that a return is necessary. The latter is made both directly to your hands and to the applicant’s bank card. To do this, the current bank card details are written in the text of the complaint. These details can also be uploaded and downloaded on bank websites, in applications or when visiting branches in person.
In this case, the money can actually be sent through some banking system. Their delay in transit is a reason to file a claim with Sberbank or another financial institution regarding the failure to complete the expected compensation transaction (for low-quality goods or service).
Installment or deferment
We have already said that in most cases, the delay in debt repayment is explained by the debtor’s lack of money.
If the debtor acknowledges the existence of a debt and hopes to repay the debt in the near future, he can, in response to the claim, ask the creditor for a deferment or payment in installments.
Deferment refers to the period of time for which the claimant will postpone his claims. You should not agree to a delay equal in duration to the statute of limitations.
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Ideally, the very concept of deferment implies the presence of a previously sent demand for repayment of the debt, but it is better not to take risks. It is unknown how the court will view such a long delay.
Installment means payment of a debt in installments over a period of time specified by the parties. In this case, there is no need to be afraid of missing the statute of limitations, since it will begin to run from the date of the last payment if the debtor stops paying again.
Negative response
The debtor has the right not to recognize the existence of a debt for many reasons. For example, he may state that:
- worked off the debt by providing a number of services to the collector;
- transferred part of the property to the claimant;
- the claimant does not have a receipt confirming receipt of money by the debtor;
- it does not follow from the receipt that the money was taken with the condition of its return.
To write about your disagreement with the demands of the collector or not to write is entirely the choice of the debtor. The fact is that the obligation to respond to a claim is not provided for by any regulatory act. And taking into account the fact that the claimant has the right to file a claim, the debtor may well give the necessary explanations in court.
Writing a response
Neither the form of the claim nor the form of response to it is regulated by law, which means they are drawn up in free form with the only requirement - it must be clear from the document who compiled it, to whom it is sent, and what one wants from the other.
Expert opinion
This requirement is best met by the standard form of appeal, which includes, in relation to the response to a claim for a refund of funds, the following elements:
- “header”, consisting of the full name and addresses of the debtor and the claimant;
- title of the appeal, for example, “Response to a claim for debt repayment”;
- the introductory part of the answer, which it is advisable to begin with the words “in response to your claim for repayment of the debt under the loan agreement dated ________, received by me in the ________ year, I report the following”;
- the motivational part of the answer, for example, “I do not recognize the existence of a debt due to the circumstances that, by our mutual agreement, the debt was covered by the fact that I gave you my Ford Fusion car for free for a period of 3 months”;
- date of sending the response and signature of the debtor.
You can deliver the response to the claimant either in person or by mail or e-mail.
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General rules for document preparation
As for the written sample of a claim for a refund, it requires, first of all, compliance with office work standards: certain information blocks and their sequence (content structure). There cannot be any specific wording here, since they depend on the specifics of the problem situation.
Correct writing of a claim implies, first of all, knowledge of the information for the so-called “Cap.” This information can be clarified in the details of a possible contract, on the company’s website, or when contacting line personnel (for example, a salesperson) on this issue. In the claim sample itself, it is recommended to mention the violated legislative acts in force to protect consumer rights.
How to write a claim for a refund or what is the approximate content of a sample:
- Introductory block or “header”.
- Title of the document.
- The main text part with a description of the problem and the requirement to solve it.
- Perhaps a list of applications.
- Date and signature.
Knowledge of this information is more likely to be typical for a situation with independent writing (possibly at home). The presence of the organization itself with forms and samples for filling out a claim for a refund for goods, as well as non-delivery of goods, makes this task easier for clients. However, as well as direct assistance from a specialist.
Deadline for responding to a complaint
- Each case is unique and individual.
- A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.
To get the most detailed advice on your issue, you just need to follow any of the suggested options:
- Request a consultation via the form.
- Use the online chat in the lower corner of the screen.
- Call:
The period of time given to the service or product provider to respond to a claim will vary on a case-by-case basis and many people mistakenly believe it to be 30 days. However, in accordance with the law, state and municipal authorities must respond to your appeal or claim within thirty days.
What to include as confirmation
Applications for claims include checks and other payment documents confirming the fact of purchase of goods or payment for services. Moreover, the fact of payment does not necessarily imply the fact that the other party has fulfilled its obligations. Making a payment and not providing a service is also a reason for filing claims.
Sometimes, as additional materials, the conclusion of an expert commission is required, which is organized within the return and warranty period by the provider serving the consumer (for example, a suitable example of such a statement is a claim for a refund for a telephone). In other periods, this task is performed directly by the client and usually receives a conclusion about the need for repairs.
A simplified version of evidence is to connect photographic materials or upload them online. This is common among online stores that have mobile applications developed by themselves and distributed by them to regular and prospective clientele on a free basis. In this case, the text of the claim for a refund for clothes, shoes, household items, etc. here reduced to a minimum
Recommendations for writing a response to a buyer’s complaint
The law does not have a clear requirement for documents of this type. Therefore, the response to the buyer’s complaint is drawn up in free form, based on the general rules of business correspondence, containing a motivated response to the request received from the consumer. The generally accepted norms for the structure of this document are as follows :
- Addressee data (Last name, First name, Patronymic citizen or abbreviated name of the buyer and his location address).
- We enter the date and place of the response, the outgoing number of the letter (if the organization keeps records of correspondence).
- A motivated and reasoned response to the requirements raised in the complaint.
- An inventory of relevant documents (for example, an examination report).
- Signature of the manager or other official, and seal of the organization.
Here is a photo with an approximate sample answer formatted according to all the rules:
Photo of the response to the complaint
Nuances of filing a claim
The document on presentation of claims is drawn up in two copies. The first remains with the responsible person of the organization, and the second is kept by the applicant. In this case, it is important to check the presence of dates and the signature of the responsible person indicating the decryption. It is advisable to have the organization's seal affixed to the document.
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The period for providing a response begins to count from the moment the claim is served. The countdown starts from the next day, including in the case of delivery using postal services.
How to write a response to a received claim for a refund
If verbal requests to the borrower do not have the desired effect, the lender draws up a written request demanding payment of financial obligations. This form of interaction is used in relations both between entrepreneurs and between people who are far from commerce. If the recipient has arguments against the position of the author of the appeal, he prepares a response to the claim for the return of funds, where he sets out his own arguments.
Video - how to get money back using a claim?
Submitting a claim to a counterparty who has delayed the performance of an obligation is the initial and most important stage of dispute resolution. A claim is a notification, a justification, and a formality that allows the case to move forward to a judicial dispute. Learning to correctly use this legal instrument is important not only for business entities who are constantly faced with unscrupulous partners and clients, but also for citizens whose rights are also often violated.
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Design rules
Preparing a response to a claim for the return of funds according to the sample is an opportunity for the other party to present their vision of the issue and continue the dialogue leading to the resolution of the conflict. When writing a review, it is recommended to follow the following expert advice:
- Write your answer as completely and convincingly as possible.
It does not matter how well the initial claim is drafted. The response must contain a full argumentation of the position of the second party, including references to clauses of the agreement and current regulations.
Carefully arguing its own position, the second party challenges the opinion of the author of the claim, invites him to take a closer look at the regulatory framework and change his decision on a specific issue.
- Do not omit the necessary details.
The response to the claim must contain all the details that give it the status of a legally significant document. It is necessary to indicate:
- Information about the recipient of the review (full name or company name, location address).
- Information about the author of the response (full name or title, address).
- Personal signature of the author of the response (an individual or the head of an organization).
- A statement of the position of the drafter, supported by references to the regulatory framework and provisions of the contract.
If the answer is prepared by an organization, it is certified by a seal. The document is marked with an originating number and date in accordance with the registration rules in force in the organization.
The absence of required details automatically makes the response to the claim legally void.
Feeding method
Expert opinion
Grigoriev Egor Kirillovich
Legal consultant with 7 years of experience. Specializes in criminal law. More than 3 years of experience in protecting legal interests.
As a general rule, the method of filing a claim is specified in the contract under which it expresses the requirements. However, in practice, agreements rarely contain such terms.
The most common, effective and legally correct method today is the method of transferring a claim to the addressee by registered mail with return receipt requested.
When sending a letter, it is extremely important to keep a copy of it for yourself. A copy and notification of delivery of the letter to the addressee will subsequently become evidence of the filing of the claim for the judge.
What could be the claim?
Many victims are interested in the question of how to write a pre-trial claim correctly. When a complaint is filed by an individual, this is an optional requirement for a civil court. But if the case is considered in arbitration proceedings, then it is necessary to draw up official claims and responses to them.
A claim is an attempt to resolve a conflict outside of court. If the injured party receives an objection to the claim, this will allow litigation to begin. The same reason may be the fact that there was no response to the complaint. Let's look at several types of claims:
- Which must be presented;
- To present which the contract obliges;
- A sample of which is needed only by one of the parties.
A response to a claim or its absence has certain legal consequences. Due to these consequences, the following should be highlighted:
- If you think that the information in the document is poorly substantiated, it is important to write an objection to the claim, but not ignore it. A reasoned, albeit negative, answer is much more reliable than complete silence. If the accused does not respond, this indicates that he considers the message legitimate and the stated demands fair;
- If you do not write a response to a complaint, this is regarded as a disagreement to respond to a private complaint, and a complete disregard for an inadequate presentation of events and distortion of the facts.
In both the first and second cases, the answer to the question: is it necessary to respond to the claim, no, since everyone can interpret the decision to ignore the statement, complaint or claim in their own way. But it is advisable to still answer, with a positive or negative result.
Is a claim necessary?
A claim, as a legal document, does not have an independent character, even in cases of mandatory pre-trial dispute resolution.
The pre-trial procedure is provided for by the Civil Procedure Code only for a small number of disputes, and in this category of cases going to court is possible only after a preliminary complaint to the defendant.
At the same time, both the mandatory and optional methods of filing a claim do not entail any obligations for the defendant. He may or may not respond to the complaint. That is why in jurisprudence a claim is considered as an auxiliary document aimed at a possible peaceful resolution of the dispute.
A very important procedural feature of a claim is its ability to suspend statutes of limitations.
Typically, disputes arising from contracts for the provision of services, purchase and sale or from a public offer have a short period of appeal. For example, according to the consumer protection law, the period for returning an item that does not meet the buyer’s specifications is 14 days.
Let's assume that the buyer decides to return the purchased item back to the store 3 days after purchase. On his first visit, there was no manager in the store. On the 6th day, the manager suggested that he wait two or three days, because there was a reporting period in the accounting department. On the 8th day, the manager became seriously ill and the buyer was asked to come back in a week. When he came a week later, the live and healthy manager told the buyer that he would not return any money because the 14-day period had passed.
If the buyer had brought a written claim to the store within 14 days, he could have suspended the period until the dispute was resolved.
