The statutory documentation relating to transportation by rail makes it possible to file claims or, without going through the pre-trial conflict resolution procedure, to go directly to the court.
Let's look at what documents explain the procedure for submitting a letter of claim to the railway management:
- Civil Code of the Russian Federation (Article 797);
- Transport Charter (Articles 120-124);
- Order No. 42 dated June 18, 2003, which specifies the procedure for filing a claim and its consideration;
- Instructions for searching for cargo on the railway;
- Federal Law of March 30, 2003 No. 87-FZ “On transport and forwarding activities”;
- Instructions for act-claim work on the railway.
How to File a Claim in ATI for Non-Payment
Since the dissemination of deliberately false information discrediting the business reputation of a company can be considered an offense, we are ready to organize full-fledged prosecution to bring the offender to justice.
In the first case, the dispute is brought up for discussion among the participants of the ATI, as a result of which sanctions are applied to the guilty party, which can lead to the closure of the business. And, as practice shows, punishment is not always applied fairly.
How can you obtain compensation for damage through AutoTransInfo (read more...)
Out-of-court dispute resolution at ATI
Judicial resolution of disputes on ATI To comment and participate in the discussion, the user registers in the system, so there is no hiding behind anonymity. This means that there is always the opportunity to call the slanderer to account.
After considering the case, the court makes a decision to satisfy the plaintiff’s demands or reject them. If it is positive, the transport company is obliged to compensate the cost of the property (in case of loss or damage), as well as pay a penalty.
Where to address a claim against the railway company?
If the addressee is incorrectly indicated in the claim, this error does not entail any legal consequences. Due to the fact that the railways will not forward the claim letter to the addressee. At the moment, the railway department is not an independent organization, so all letters of claim are sent to the road department.
Refund of Russian Railways train tickets.
Read about a sample of writing a complaint to a tour operator here.
To quickly make a decision on a letter of claim, submit it to its intended purpose, that is, to the service that will consider it or the road department:
- In cases related to cargo, damage to other people's containers or unauthorized use of wagons, send a letter of claim to the service handling cargo;
- In case of damage to other people's trains - to the carriage service;
- If there are complaints that relate to baggage and individuals - to the Passenger Services Directorate;
- For questions related to the failure or loss of baggage, delays in delivery, as well as payments and fines, contact the destination road department;
- For questions regarding the return of fines paid for the unauthorized use of trains on the road or causing damage to the wagons of an enterprise, contact the road department at the place of violation;
- Regarding the loss of the organization's trains, contact the road department at the location of the owner or lessee of the train;
- In cases of a claim related to a delay in cleaning or delivery of a car - to the road department at the place of violation;
- For questions regarding payment of fines using registration cards, please contact the departure road department;
- All other letters of claim are submitted to the finance service.
How to File a Claim in ATI for Non-Payment
If any discrepancies are detected, the citizen has the right to file a claim. This rule is regulated in Article 797 of the Civil Code of the Russian Federation. Before turning to the courts, it is important to try to resolve the conflict yourself.
- name, address of the judicial authority;
- applicant's details (last name, first name, patronymic, registration address, contact phone number);
- data of the representative when applying through an authorized person;
- name of the transport company, its legal address, last name, first name, patronymic of the director, contact information;
- description of the problem, facts of violation of civil rights;
- the amount of the claim and the calculation on the basis of which the cost was established;
- the circumstances under which the citizen discovered a violation of his own rights;
- evidence supported by documents, photographs and videos;
- date of compilation and signature of the citizen.
Where else can you file a complaint? (read more…)
Sample complaint to the railway
The statutory documentation relating to transportation by rail makes it possible to file claims or, without going through the pre-trial conflict resolution procedure, to go directly to the court.
Let's look at what documents explain the procedure for submitting a letter of claim to the railway management:
- Civil Code of the Russian Federation (Article 797);
- Transport Charter (Articles 120-124);
- Order No. 42 dated June 18, 2003, which specifies the procedure for filing a claim and its consideration;
- Instructions for searching for cargo on the railway;
- Federal Law of March 30, 2003 No. 87-FZ “On transport and forwarding activities”;
- Instructions for act-claim work on the railway.
Deadlines for filing and consideration of a claim
Grounds for filing a claim At the end of the document the date of registration and signatures of both parties is indicated. The claim must be drawn up in two copies. One form is handed over to the TC representative, and the second remains in the hands of the applicant.
The exchange does not exhaust these possibilities - it also builds the reputation of transport companies and carriers, and therefore the opportunity to receive a profitable order or learn more about the counterparty with whom you intend to start cooperation.
How to correctly write a letter of claim to a railway company?
To ensure that your claim is considered quickly, please include the following information:
- Reason for submitting a letter of claim. Reasons include lost cargo, missing items, damaged cargo, late delivery, etc.;
- The amount of the claim letter for all claims separately and for each individual document;
- For organizations - name of the organization, full legal address including postal code. And for citizens - full name, passport details and address of actual residence (for sending a response to the claim);
- Details for transferring the refund;
- List of documents attached to the letter of claim.
The claim letter is signed by the service consumer or his authorized person. If the necessary information is missing, a request should be made in the claim to provide the necessary information, but returning the claim letter in this case will be illegal.
Please attach documents to your claim letter that prove that you have the right to make such an appeal. During the trial of these disputes, attention will be paid to the specified evidence, and the assessment of the commercial act will be given in accordance with these documents.
How to Write a Complaint to ATI
With the proper skill and a certain dexterity, you can always find profitable cargo or a company offering transportation services. Moreover, the choice in terms of price/quality ratio is very large. The exchange does not exhaust these possibilities - it also forms the reputation of transport companies and carriers, and therefore the opportunity to receive a profitable order or learn more about the counterparty with whom you intend to start...
A successfully completed trial in this case will not only bring moral and material satisfaction, but will also create a reputation for a strong company that can stand up for itself. This will help avoid similar problems in the future.
How can you obtain compensation for damage through AutoTransInfo (read more...)
How to describe and automate the warranty service business process
The process of providing warranty service and processing claims always begins with a database of contacts and transactions. Therefore, we can say that the process of direct sales and the process of further post-sale customer service are closely linked.
When a client comes/writes/calls with a return or complaint, it is important for the manager to quickly understand:
- Is this customer an existing customer?
- When the product or service was purchased
- Is the warranty expired?
This information must be found in the transaction database using search and filters. If the company does not maintain such a database, then it is necessary to start with its formation. Selling is a separate process and we will not consider it in this article; we assume that your company already manages all clients and transactions.
If the case is not covered by warranty, the client should still receive a polite response with a detailed explanation of why the request cannot be processed. This can be done by the manager in person in the office or by phone. And if you receive requests electronically, then the response needs to be automated and sent to the client via an automatic template email message.
If the claim is justified, then the further process of satisfying the claim is launched. In Neaktor, this can be done with one button directly from the deal card.
The process of processing a claim will largely depend on what goods or services the company provides: whether it sells goods of its own production or sells goods from a third-party manufacturer, whether it stores finished products in a warehouse or requires them from a supplier, or perhaps the company does not sell material things at all, but provides services. The scope, applicable legislation regarding consumer protection and much more will also influence. Therefore, each company must build its own claim processing process. But the basic steps could be:
1. Preliminary check to determine whether the case is covered by warranty: check whether the conditions/rules of operation of the product have been violated, whether the problem is included in the list of warranty cases. You can also conduct an in-house or freelance examination.
2. If we are talking about a product, you need to decide how it will be returned to the company:
- The client will bring it to the office himself
- The item will be returned by mail or courier
- The product is oversized and requires ordering shipping
- The object is not transportable, for example, an installed kitchen, and an on-site visit is required.
3. If the case is guaranteed, then the manager, depending on the input parameters, needs to make a decision:
- return the money
- send it to your workshop for repairs
- hand over to a contractor for repairs
- return the product to the supplier and request an exchange under warranty
- start production
- in the case of a service, you can offer to redo the service or perform another one for free/at a discount.
4. The client, of course, needs to be informed at all stages of processing the claim. It is important that he understands what is happening, that they have not forgotten about him and that his problem is being dealt with. Again, this should be automated through automatic sending of SMS messages or emails.
When changing stages of work with a request, notifications will be sent to the client automatically and the manager will not have to keep this under separate control. Here are typical points of contact with the client:
- Confirmation that the request has been received - for electronic requests
- Reporting the causes of the problem and time frame for fixing it
- A message that the problem has been corrected or another service has been provided by agreement with the client
5. In turn, the manager handles the claim through all stages until it is completed. It is worth noting that the process may differ for different types of goods and services. In this case, it is appropriate to create several processes for each significant type of request.
If you don’t keep track of all your actions, imagine how much you need to keep in your head. Even if you write everything down somewhere in a notepad, the efficiency will be low.
Using a system to manage business processes in this case will provide great advantages. The process of processing a client’s complaint can be regulated, and managers will know what to do next when processing any request. Each claim can be tracked, and you can see what stage the process is at, even if there are dozens or hundreds of them. You will be able to keep statistics and see when a problem occurs systematically. Perhaps you should refuse to indicate some service or sale of a product - they are problematic.
The interaction with the client does not end even after the problem is resolved. It is worth making it clear that you regret the incident and want the client to stay with you. To do this you can:
- Offer a discount on the next product or service.
- Offer free shipping.
- Provide a coupon that can be exchanged for a gift on your next order.
- Increase the client's status in the bonus program.
- Provide a product or service for free.
We also enter everything into the system. The next time the client contacts, the system will tell you which bonus he is entitled to. If necessary, a notification will be sent on the required day and time.
Ultimately, customers will receive good service and will return despite the initial problem. Troubles happen to everyone. The ability to effectively solve them creates a positive image of the company in the eyes of customers and puts it one step higher among competitors.
Author of the article
Judicial resolution of disputes at ATI
Judicial resolution of disputes at ATI Since the dissemination of knowingly false information discrediting the business reputation of a company can be considered an offense, we are ready to organize a full-fledged prosecution of the company or carrier.
Please return funds in the amount of the cost of the lost cargo 70,000 rubles. and the cost of advance payment for transportation - 20,000 rubles. according to Art. 796 of the Civil Code of the Russian Federation, as well as the contract of carriage. Details for payment of compensation are provided in the contract, please transfer funds by 07/10/2018.
Deadlines for filing and consideration of a claim
It happens that actions aimed at resolving the issue of resolving disagreements are not crowned with success. If the claim for the delivery of the parcel by the transport company was not effective, and the carrier unreasonably refuses compensation, evades the answer, deliberately delays time, giving vague arguments, it is worth taking drastic measures to enforce recovery within the law. You can contact:
Based on clause 1.3 of the contract and the sender’s application No. 18 dated June 10, 2018, the cargo, namely metal fittings weighing one ton and costing 70,000 rubles, was accepted by the carrier for delivery.
