Claim for the provision of legal services sample, standard form for drawing up a document, 2020

Last modified: August 2020

A claim for poor-quality provision of services is filed before filing a claim in court for the protection of consumer rights. Every citizen has the right to receive high-quality accounting, credit, legal, tourism, medical, and household services. In case of dishonesty of the contractor, it is necessary to follow the claim procedure, that is, submit a claim to the contractor. In this article we will look at the cases in which a claim is made for poorly rendered services, how to correctly compose a letter of claim, and what difficulties may arise when filing a claim with the contractor.

When to file a claim for poor quality services

When concluding a contract with a consumer, the contractor undertakes to provide quality services (Article 4 of the Law on the Protection of Consumer Rights). In case of violation of the terms of the quality agreement, the customer has the right to contact the contractor with a claim. At his choice, the client has the right to demand:

Free correction of defects;
Reducing the cost of services;
Repeated provision of services;
Payment of expenses incurred in connection with contacting another contractor to correct deficiencies.

The customer also has the right to withdraw from the contract and demand a refund.

Example. Afanasyeva E.I. I went to the dental clinic about caries. The doctor carried out the necessary treatment and installed a permanent filling. Within a week after visiting the dentist, the filling fell out of the tooth, and therefore the client contacted the dental clinic with a complaint about the quality of the dental services provided and asked for the filling to be repeated. The dentist performed the new treatment without charging the patient.

Filing a complaint regarding the provision of poor-quality services to the Prosecutor's Office

It is advisable to contact law enforcement agencies, including the prosecutor’s office, in cases where significant harm was caused to the life and health of the customer during the contractor’s activities. For example, in the case of poor quality medical services. Fraudulent actions on the part of the performer are also grounds for filing a complaint with law enforcement agencies (Article 159 of the Criminal Code of the Russian Federation). For example, in the case when the contractor does not fulfill his obligations specified in the contract.

Filing a complaint about the provision of poor-quality services to the judicial authorities.

It is recommended to contact the judicial authorities if the issues involve financial relationships, for example, when it is necessary to demand from the contractor material and/or moral damage caused to the consumer of poor-quality services.

Within what time frame can a consumer file a complaint for poor-quality services provided:

During the execution of work.
In case of violation of the deadlines for the start of the provision of services (performance of work).
During the warranty period.
During acceptance of work performed (services provided).
Within 2 years, if the warranty period only covers 2 years or less.

Recommendation! If, immediately, during the provision of the service, discrepancies with the declared quality were discovered, it is better to refuse to enter into an agreement with this customer altogether.

Important! A service has significant differences from a product, since it is intangible and therefore quite difficult to establish by what criteria to evaluate its quality. This must be taken into account when filing a complaint.

How to properly file a claim for poor-quality services provided?

The claim must be submitted in writing and registered by the executor, so that in the future, in the event of a legal dispute, the citizen will have evidence that he tried to solve the problem pre-trial.

The Consumer Protection Law does not impose strict requirements on the form and content of a complaint. In practice, the document is prepared in printed form on A4 sheet.

We suggest filing a claim using the following algorithm:

In the upper right corner, fill out basic information about the contractor and customers. The name of the company that provided the poor-quality service and its legal address are indicated. Then the client’s full name, residential address, and contact telephone number are written.
Next, indicate the name of the document “Claim for poor-quality services provided.”
Under the title of the letter it is described when the contract was concluded and for what services, what actions of the contractor led to the fact that the service was provided with poor quality.
The main part ends with specific requirements for the performer. For example, re-provide the service, correct deficiencies free of charge, return the money.

To support the applicant’s arguments, an agreement, a receipt for payment for services, an act of acceptance of services listing the identified deficiencies may be attached to the claim.

Important! The claim must be delivered to the contractor against signature. An incoming stamp is placed on the document with the date of registration of the request. If a citizen does not have the opportunity to submit a document in person or the executor refuses to accept it, you can send it by mail. You should issue a registered shipment in order to track by the RPO number whether the letter was delivered to the addressee or not. Many contractors provide the opportunity to submit a claim through a feedback form on their website or by sending an official email. The agreement for sending the email must be recorded in the form of a screenshot. It is also advisable to save correspondence with the performer.

What to do if the claim is not satisfied or partially satisfied?

In this case, we go to court with a statement of claim.

In essence, a claim is the same claim, only containing, in addition to requirements, other necessary information, in accordance with the requirements of procedural law.

The claim states:

name of the judicial authority;
information about the defendant and plaintiff is displayed in detail (full name, location addresses, contact phone numbers);
the cost of the claim, that is, the total amount of costs;
the desired amount of compensation and penalties.

Reference! Information about the location of the defendant can be obtained from the publicly available Unified State Register of Legal Entities or Individual Entrepreneurs.

The introductory part describes the relationship between the parties: the date and number of the concluded agreement, when and on what basis the legal relationship between the customer and the contractor began.

The descriptive part - the essence of the statement of claim consists of a detailed statement of the situation, indicating what the violation of rights and interests is and by whom they were violated, and a listing of the identified shortcomings.

Also stated:

Facts indicating inadequate quality of service provision. The evidence is the service contract itself, the letter of claim and the response to it (if any), other information about an attempt to resolve the issue pre-trial, as well as a technical report and conclusions of an independent examination (if any), witness testimony and receipts for payment for services. .
Claims consisting of the wishes of the injured party.
Calculation of the amount collected and penalties.
Requirements to impose a fine on the perpetrator, compensation for losses incurred and moral damage.

Then the attached documents and materials are listed.

At the very end, the date is put, the statement of claim is signed by the plaintiff.

Note! The amount of moral damage is not included in the cost of the claim, but is indicated in the claims.

Damages are subject to compensation only if the service provider is at fault. Its amount is determined by the court and does not depend on the amount of compensation for property damage.

Further actions of the consumer

There are several ways to transfer a claim to the contractor. The customer can deliver it personally or use postal services.

When transferring a document in person, you should have two copies. One of them must be given to the contractor, and on the second, yours, he must put a signature confirming receipt of the claim.

Online legal consultation free of charge around the clock without registration.

What judicial practice exists on compensation for moral damage, read here.

How to assess moral damage, read the link:

By choosing the option of sending a notification letter, the customer receives a receipt. This is the most profitable option, since rarely does anyone want to accept a claim voluntarily. Having received the document, the contractor is obliged to respond to your requirements within 10 days.

Important! If the claim is ignored or if the contractor refuses to fulfill your demands, you can file a statement with the court.

The statement of claim may include not only demands for reimbursement of funds spent, but also compensation for moral damage. During the proceedings in court, it will be necessary to prove the fact of violation of the terms of the transaction and the provision of low-quality services by the contractor. To do this, a reliable evidence base must be formed.

Also in court you will need a second copy of the claim (if it was handed over personally to the executor), or a receipt for sending the document by mail.

In what cases is a letter of claim drawn up: improper execution?

A claim to the company providing the service is sent in the following cases:

The terms of service provision have been violated;
The work provided is of poor quality;
The contractor, through his actions, caused damage to the customer and did not compensate for these losses.

The main problem is the subjective determination of the quality of the service provided . It is aggravated by the fault of the customer, who, when drawing up the contract, does not take into account the possible consequences.

For example, when hiring physical security for an object, a person implies that the standard contract already stipulates financial liability for all possible violations. But upon theft and subsequent clarification of the relationship between the parties, it turns out that the agreement does not indicate:

Amount of financial liability.
Clear responsibilities, including the boundaries of the protected object.
Cases in which a person becomes financially liable.
Procedure for compensation for damage caused.

In addition, the security company itself draws up an agreement not for security, but for monitoring the actions of third parties. As a result, it becomes difficult or impossible to obtain compensation from her for poorly rendered services.

Therefore, when concluding an agreement for the provision of any work, etc., it is necessary:

Anticipate typical negative consequences.
Specify in the contract the amount of financial liability and the procedure for compensation.
Consult with a practicing lawyer who will adjust the clauses of the agreement in favor of the customer.

Practicing lawyers recommend setting the achievement of some measurable goal for this. For example, when concluding an agreement for defense in court, you can determine the amount of payment depending on the final result. Let us assume that the claim of the victim of the gulf is for compensation or compensation :

Damage caused – 60 tr.
Legal costs – 4 tr.
Moral damage – 20 tr.
Expert's work – 8 tr.
Lawyer's services – 40 thousand rubles.

The contract with a legal specialist specifies the following payment terms:

If the claim is satisfied in full in the amount of 112 tr. – 40 t.r.;
If the claim is completely rejected - 15 tr.

Thus, the contractor takes on part of the risks. This encourages him to do quality work. As a rule, the other side is reluctant to make such concessions. Lawyers argue that it is impossible to predict the outcome of a case in advance, although when describing the service itself they indicate the following:

Studying the case materials.
They are analyzed.
Make a forecast.

This is important to know: Rules for drawing up and filing a claim

Based on this forecast, you need to conduct a dialogue and draw up a detailed agreement that will allow you to meaningfully submit a claim in case of failure. The customer pays for the service in advance and may reimburse part of the funds, depending on the outcome of the case and in accordance with the terms of the agreement.

But before you make a claim for poor quality service, you need to determine whether there are grounds for this. More on this below.

Reasons for writing the document

The customer makes a claim when he is not satisfied with the services provided to him.

The requirements put forward in the claim must be justified:

the contractor did not achieve the goal set for him by the customer;
the services provided to the customer do not meet his requirements and the provisions of the contract;
in the process of providing services, technologies were violated and low-quality materials were used;
the services provided affected the condition of the customer’s property or led to health problems.

Important! A claim is made when there is significant evidence of receiving low-quality services, as well as when the terms of the transaction or the norms of the law of the Russian Federation were violated.

How to serve a claim

Writing a claim for poor quality service and a refund of money is not enough - it must be handed over to the contractor. It can be done:

Personally . To do this, it is necessary to draw up the document in two copies - one is transferred to the party that provided the service, and the second, with a mark of acceptance, remains with its recipient.
By mail . The completed claim is sent by registered mail with acknowledgment of receipt - the notification will be confirmation that you have handed over the document to the executor.