Procedure for filing a claim against mail
A claim against mail can be made both at the place where the postal item was accepted by the postal operator, and at the location of the recipient. The claim in writing is submitted to the head, his deputy or those employees of the post office who are responsible for the claim work. The user of postal services has the right to file a claim with the postal operator in the following cases:
- loss, damage, shortage of postal items;
- untimely delivery of mail;
- non-payment or untimely payment of transferred funds;
- violation of delivery deadlines.
Help me draw up a statement of claim against EMC Russian Post
I am glad to help you 
but for the first time I hear that there was a claim and it was a claim. You were joking, right?
a copy of the complaint can be sent to: Rospotrebnadzor (https://rospotrebnadzor.ru/news), both the branch in your region and the federal service immediately - they will redirect, of course, on a territorial basis, but there will be an answer.
in the Ministry of Communications (https://minsvyaz.ru/ru/), the same thing - you can immediately go to both the local ministry and the federal one.
a claim must be made for each item separately, and only for those in which you are the sender (that is, you pay for EMS services. If the sender and the payer are another person, he must write a claim. EMC has such rules and working with them, we agree to these rules).
Formally, if we incur any losses due to late delivery, we also have the right to file a claim. so you can try it this way, as a consignee.
In accordance with transport codes and charters, the time frame for filing and reviewing claims varies markedly. In most cases, it is believed that a claim against an air carrier or other transport company must be filed within 6 months. As for claims for payment of fines, the terms for them are not so long - only 45 days. Similar rules apply to air, road and rail transport. The calculation of these periods is carried out according to the following scheme: 1. For claims that relate to the complete loss of cargo - after 30 days from the end of the delivery period. When transporting goods in mixed traffic - after 4 months from the date of acceptance of the goods for transportation. If transportation is carried out by air, calculation is made 10 days after the expiration of the delivery period. 2. For claims about damage or partial loss of cargo, delay in its delivery - from the day of delivery of the cargo. 3. For claims regarding failure to fulfill an application for the transportation of goods - after the expiration of the period established for payment of a fine (in road and sea transport). In railway transport, this period is calculated after 5 days from the date of collection of the fine. No deadlines have been established for river and air transport. 4. In other cases, the limitation period for filing a claim is calculated from the date of occurrence of the events on the basis of which the claim is presented to the cargo carrier by the customer.
Limits of liability of the post office
Loss, damage or shortage of mail for users of postal services is damage and, in accordance with the law (Federal Law “On Postal Services”, Article 34), is subject to compensation:
- in the amount of the declared value and tariff fee in case of loss or damage;
- in the amount of the price of the missing or damaged part of the investment indicated in the inventory;
- in the amount of the price based on the weight of the missing or damaged part in relation to the total weight of the shipment (without the weight of the packaging), in the absence of an inventory;
- in the amount of double the tariff fee in case of loss or damage to other registered postal items;
- in the amount of 3% of the tariff fee for each day of delay in transfers of funds or postal items of citizens, but not more than the amount of the paid service;
- in the amount of the money transfer and the amount of the tariff fee in case of non-payment of the postal order.
Complaint about mail. Sample for domestic mail.
Complaint about mail. Sample for international postal items.
Note: A claim for compensation for losses for Russian and international shipments can be submitted pre-trial on the website of the Federal State Unitary Enterprise "Russian Post". If you refuse to satisfy your demands, file a claim in court for the protection of consumer rights.
Compensation for delayed parcels Russian Post
In case of failure to deliver a parcel on time, the service pays citizens compensation in the amount of 3% for each day of delay of the cost of the forwarding service (for items within Russia) and 0.1% (for international postal items). The total amount of compensation cannot exceed the cost of the service.
What to do if you lose your package?
If the shipment was lost by the telecom operator, you must follow the instructions below:
- Shipment tracking. This can be done by indicating the tracking number of the shipment on the official website of the Russian Post. Here you can track all shipment movements. The postal identifier is contained in the check that the sender receives upon acceptance.
- Filing a claim. Compensation can be obtained by submitting an application to the telecom operator. This can be done within six months from the date of sending. A claim can be filed at the place of departure or receipt of the parcel. The application must indicate the following information:
- Information about the identity document of the submitter;
Full name and address of the sender and recipient of the parcel;
- Date and place of dispatch;
- Parcel number;
- Her destination;
- A complete list of contents indicating the amount;
- Type of packaging.
- Receiving compensation. If a positive decision is made on the claim, all that remains is to receive compensation for damage caused by the loss of the parcel. If the operator refuses to compensate for the damage or agrees to pay only part of the damage, the client can file a lawsuit. The claim can be filed at the place where the parcel was received or sent. Additionally, the client has the right to compensation for moral damages.
If the total cost of compensation is less than 1 million rubles, no state duty is charged.
The claim must be submitted along with copies of documents confirming shipping (receipts) and the amount of damage. You must have a passport or other identification document with you. The fact of submission must be recorded. The claim must be reviewed within 30 days. If we are talking about a parcel sent within one city, this procedure takes up to 5 days.
What to do if the parcel is damaged?
Most often, citizens' complaints are related to severe damage to the package packaging (and possibly its contents) or discrepancies in weight when sending and receiving the package. In this case, you should adhere to the following instructions:
The parcel should only be opened in the presence of a postal employee. It is recommended to take photographs, or better yet video, during the process. Often, when a package is opened without authorization, criminals try to disguise damage to the packaging, but upon careful inspection it is usually not difficult to notice them. If during the initial inspection you notice damage to the packaging, you should not open the parcel without the presence of a postal employee.
- Drawing up an autopsy report. If, during the opening of the parcel, damage to its contents, its substitution or shortage was revealed, an opening report must be drawn up. It is compiled in four copies by the postal employee in whose presence the autopsy took place. The act must contain his signature, as well as the recipient and the head of the department where the unpleasant incident occurred. The first copy is handed over to the recipient, the second remains in the department, the third must be sent to the place of departure of the parcel, the fourth is sent to the management of the transport facility.
- In this case, the recipient of the parcel does not have to sign the notice. It is worth issuing a refusal to receive it. In this case, the parcel will be sent back to the sender.
If the parcel contained a purchase from an online store, the easiest way is to do the following:
- Notify the company about the incident;
- Demand compensation for the purchase price and other losses (some platforms, for example, eBay or Aliexpress, allow the buyer to open a dispute with the seller);
- Since before the delivery of the parcel the goods are the property of the store, it must return the money spent to the buyer, after which it can recover any damages from the telecom operator.
If the contents of the parcel have not been damaged, no report will be drawn up. The drawn up act is the basis for receiving compensation; the process in this case is similar to the procedure for the loss of a shipment.
What violations will form the basis for preparing a claim against Russian Post?
The liability of the postal operator is provided for by law, as is its size and limits. When does it come?
Loss, any damage or damage, shortage is the basis for recovery of damages caused. As well as violation of the deadlines for sending postal items, their non-delivery in general.
The damage caused can be recovered, i.e. liability occurs in all cases, unless the Russian Post proves (they prove) the effect of force majeure circumstances (flood, emergency) or the properties of the mailing attachments. If the response to the claim is received with reference to such circumstances, write a complaint to the Russian Post for a thorough investigation. Or start filing a statement of claim - the court will be obliged to consider not only the arguments of the parties in the court hearing, but also the evidence in the civil case in support of this position.
Step-by-step instruction
1. Try to find the package yourself.
Track the movement of your parcel using the track code on the Russian Post website. The track code is indicated on the cash receipt for payment for shipping services, contains 15 digits and begins with the sender's index. If you couldn't find your package, go to the next step.
2. Collect proof of shipment or payment for the package.
If you are the sender, then a cash receipt for postage payment is sufficient for compensation.
If you are the recipient, prepare information about the track code and payment documents for the goods. Contact the sender with a request to write a search report. The sender may refuse or take no action. Try to get a refusal in writing.
If you were unable to obtain a refusal, remember that the courts proceed from the fact that the addressee who paid for the parcel has the right to a refund if the sender does not claim it.
3. Write a statement about searching for the postal item.
Check the delivery deadline for postal items. After the deadline, write a search statement at the post office at the place of reception or at the place of departure.
The post office is obliged to accept the application regardless of the territory in which the parcel is no longer tracked.
Take from the postal representative a copy of the application with a mark of registration and delivery or another document to prove the submission of the application. The application review period is 30 days.
4. File a claim.
File a claim if Russian Post did not find the postal item. You can file a claim within six months from the date the parcel was sent.
In your claim, please include your passport details, parcel number, date and place of receipt of the parcel, destination, address and full name of the sender and addressee. List your losses. These include: the cost of the item being sent, which is determined by the sender based on the declared value, and the cost of postal services. If a parcel without a declared value is lost, you can only return the amount of postal services.
Calculate the penalty. The post office is obliged to pay it in the amount of 3% of the price of services for each day the parcel is delayed. The amount of the penalty should not exceed the amount of shipment (Part 5 of Article 28 of the Law of the Russian Federation “On the Protection of Consumer Rights”).
Attach to the claim a cash receipt confirming the shipment or documents of payment for the goods and calculation of the penalty.
The period for consideration of a claim is 30 days.
5. Go to court.
File a claim against the Russian Post Federal State Unitary Enterprise for the protection of consumer rights if the claim remains unanswered and the post office refuses to compensate for the damage or does not compensate it in full. Submit a statement of claim to the magistrate at your place of residence if the amount of the claim does not exceed 50 thousand rubles, and to the district court if the amount is over 50 thousand rubles. There is no need to pay a state fee for filing a claim.
The court will collect from the post office:
- the cost of the item being sent in accordance with the declared value;
- the amount of postal services;
- penalty;
- a fine of 50% of the amount of the claim for failure to comply with the voluntary compensation procedure.
In addition, the court will seek compensation for moral damage. The amount of compensation is determined taking into account the moral suffering of the plaintiff and does not depend on the cost of the service or the amount of the penalty.
Russian shipments
Russian Post is obliged to pay compensation in case of loss or damage to items that are valuable.
If the items are not such, compensation cannot be paid. Payment is made in the amount in which the declared value was established. The established shipping tariff also plays a role. If the shipment had an inventory of the contents, then compensation will be paid for those goods that are damaged or disappeared.
If the shipment does not have an inventory of the contents, then compensation will be paid for damaged or missing goods according to the entire weight of the shipment. Packaging materials are not taken into account. If a citizen sent a sum of money by postal transfer, but it did not materialize, then Russian post will pay the entire amount of money and the price of the established tariff.
If another registered item was damaged or lost due to the fault of Russian Post employees, the citizen will be paid compensation in the amount of double the tariff price. If part of the shipment is damaged, the payment amount will be the amount of the tariff.
Lawsuit
If your application is ignored by the post office, you are asked to wait “maybe the package will be found,” and long periods of time pass, you can go to court.
To apply, you will need to file a claim, prepare documents confirming the sending of the parcel, receipts for its payment and attach them to the application. Also, do not forget to attach to the claim the pre-trial claim that you submitted by mail and the response, if any. Information that you tried to resolve the conflict peacefully will characterize you positively in court.
In the statement of claim you must write:
- Name of the court;
- Parties' data;
- The essence of the claim;
- Requirements and amount of moral damages;
- Grounds for receiving compensation;
- List of attached documents;
- Signature and date.
Download
Sample claim.doc Sample claim.doc
Of course, legal proceedings often take longer, but sometimes they are the only chance to get at least some compensation for a lost package.
