How to write a letter of refund

Contractual relations, as practice shows, do not always work out smoothly. In the event of a dispute, one of the parties may request the cancellation of the preliminary agreement and send a letter of refund to the other.

Ways to resolve the conflict

Any misunderstandings related to non-fulfillment of contractual obligations will ultimately necessarily affect the financial side of the issue. The solution to this problem depends on how categorically each of the parties is set up. In addition, it is very important who is a party to the dispute: a legal entity or an individual. Typically, the resolution of such a conflict begins with an oral hearing. If it is not possible to reach a mutual agreement, then the issue is already being resolved officially. The injured party may:

1. To write an application. Usually, this option is used by individuals in cases where an erroneous payment has been made or a sum of money has been paid that is greater than necessary, or if the customer wants to return the goods.
2. In case of non-compliance with the contracts for the provision of services or delivery of goods in writing, request a refund.
3. Send a letter of refund to your counterparty. This is usually done by legal entities in mutual settlements.

Each of the options is suitable only for strictly defined circumstances. The documents submitted must be well thought out and correctly composed and executed.

How to compose a letter

There are certain rules, observing which, you can properly draw up a letter of refund. They are pretty easy to remember. In this case, proceed as follows:

1. First, prepare all available documents confirming payment. For an enterprise, this can be a payment order, and for an individual, a check or receipt.
2. The organization draws up a similar document on letterhead, and citizens simply indicate all their details (passport, full name, address, contact details) in the upper right corner of the usual sheet.
3. Like any official appeal, such a paper is drawn up in the name of the head of the company (enterprise), therefore it usually begins with the words “Director” (“Manager”, “Head” and so on).
4. Then comes the main part of the letter, which sets out specific requirements. You need to start with the phrase "I ask (ask) you to return." Thus, the letter looks less aggressive. After that, the disputed amount, the basis of the payment (contract indicating the date and number) and the item for which it was made are specified.
5. Supporting documents are attached to the letter. For this, after the main content, an appendix “Appendix” is made, which indicates what exactly is transmitted along with the appeal.
6. In conclusion, a letter of refund must be signed. From an enterprise, this is usually done by the director and chief accountant. And you must definitely remember to stamp.

Mutual Confirmation

Usually, the relations between the parties are regulated by the concluded agreement, which indicates the amount and clearly stipulates the procedure for payment. If one of these points is violated, then between the parties, it is first necessary to conduct an analysis of the mutual settlements. For this, compiled "Act of reconciliation", which indicates the date of payment, its amount and basis (payment order or check). After that, the total amount of the transferred funds is compared with what is indicated in the contract.

As a result, an amount called “accounts receivable” is determined. Such an act must be signed by both parties in the person of chief accountants and directors and assured by the round seal of the enterprise. This document will be the basis for the claim and may even serve as a confirmation of the existing debt in court. It is made up in two copies (one for each of the parties). After that, the injured party may send a letter of refund according to the reconciliation act. His sample remains the same, and the application will indicate that very act.

Someone else's money

In practice, situations are not uncommon when enterprises (organizations), due to unforeseen circumstances (errors), transfer sums to their counterparties that exceed those stipulated by the contract, or even the funds go for other purposes. There may be two culprits:

• the enterprise itself (employee error),
• the bank that completed the transaction for crediting funds.

It is advisable to find out such misunderstandings immediately. For this, it is necessary to send a letter to the payee about return of funds mistakenly transferred to his address. Typically, such an appeal is written in any form, if the servicing bank does not provide for this own, approved. In the letter, in addition to the request, the details and amount of the payment made must be indicated. The organization to whose account the extra money was received is obliged to return it legally, as it does not have the right to use it (Article 1102 of the Civil Code of the Russian Federation). Such an appeal is written in the name of the bank's management and sent as soon as possible so that there is no suspicion of the possible use of money for your personal purposes.

Contractual penalty

When concluding a contract for the performance of certain works, the customer, as a rule, transfers some funds to ensure it. The contractor is obliged to carry out work at the expense of this money in accordance with the established agreement, and these funds must ensure that he fulfills his duties. But there are times when the contractor receives payment, but does not even start work or does it in violation of the agreed deadlines.

Then the customer has the right to demand the return of the transferred amount together with the penalties that are prescribed by law for such actions. This should be clearly spelled out in the contract itself, since the law does not provide specific clarifications on this subject. Based on the specific clauses of the contract, the customer can send a letter to the unscrupulous performer on the refund of money for securing the contract. In this case, his requirements will be justified. If such an appeal is not enough, then he can confidently apply to the courts to resolve the disputed situation in his favor.