Each consumer is faced with a violation of their rights, the only difference is how often. Therefore, a claim for poor-quality services is a highly demanded document. The correctness and completeness of its preparation affect the prospect of a future lawsuit.
Rights claim role
The claim for poor quality services is the central document in the process of consumer protection of his rights. The evidence base is built on it. For example, the same expertise is attached to it. The same is the case with other documents.
In addition, in court cases on consumer protection, the absence of a claim is the basis for leaving the claim without motion, and then returning the documents. The law obliges the consumer to first use the pre-trial procedure for resolving the dispute.
If you approach writing it formally, the risk of losing the case increases.
Who is considered a consumer
The claim for poor quality services is made by the consumer. In his role is an individual who has paid for services for his own needs or his family.
If the service was paid for by third parties, the customer has the right to file a corresponding complaint, guided by the provisions of the legislation on consumer protection.
These standards do not apply to entrepreneurs, if the purpose of the order is related to their economic activity. If the goal is of a personal nature, the status of an individual does not matter.
What to build a claim on
How to write a claim for poor quality services? It is built primarily on violations committed by the performer. Where to look for them? Relations between the parties are built on the contract. If it is not formalized - not framed in the usual form, then the norms of the Civil Code or other normative act that apply to the parties apply.
The absence of a contract gives the right to justify its conclusion with a receipt, other documents confirming the relationship between the parties.
If there is no contract or it is short
The clauses of the contract may not carry specifics regarding the quality of the service. In general, a service is a rather ephemeral thing; it, unlike a material subject, is difficult to evaluate.
At the same time, there are requirements for the provision of medical, educational, housing and communal services. And the consumer, having studied the regulatory framework, will be able to make specific claims. In the case of lawyers, it makes sense to refer to the law governing the relevant activities, the rules of ethics adopted by the lawyer community.
If the agreement was concluded with a lawyer without the status of a lawyer, then the volume of the material studied is narrowed to the contract and service standards. So far, they are not covered by the Law on Advocacy.
The absence of references to such documents in the contract does not cancel the operation of laws or regulations that the contract does not take into account or to which it contradicts, does not mean that they cease to be valid. By correlating the norms of legislation and clauses of the contract, the client will already be able to find out whether his requirements are justified or not.
Claim for low-quality legal services
The document refers to the non-fulfillment by the contractor of a number of duties. For example, documents were not properly studied, all measures were not taken to solve the problem, in particular, filing complaints and applications to the competent authorities.
Lawyers often have problems when they do not use all available means of appeal, judgment or court sentence.
The customer in the complaint may refer to the proposal to draw up statements that could no longer affect the circumstances of the case. For example, filing a new lawsuit on the same grounds and on the same subject, which is impossible under the procedural law.
However, a sample claim for poor-quality provision of legal services indicates that other grounds may be invoked.
You can immediately complain about the quality of the lawyer's services to the bar, without first sending the complaint directly to the culprit. In the case of a lawyer who does not have the status of a lawyer, it is useless to complain to this organization.
At the same time, the sample claim for the poor quality of legal services for the actions of a lawyer is quite applicable to the actions of a regular lawyer.
Repair service
Repair is a concept that concerns many objects, and therefore we will touch on the most general aspects. What customers refer to:
- The goals of the contractor have not been fulfilled;
- violated the terms of the contract signed between the parties;
- revealed a violation of technology and the use of low-quality materials;
- as a result, damage is caused to the property or life and health of the client or third parties.
Repair results must comply with GOSTs and regulations, which means that it is advisable to conduct an examination, especially if the dispute involves a technically complex thing.
If the issue of price is involved, an appraisal examination is attached. In some cases, it is better to entrust the preparation of a claim for poor-quality repair services to a specialist.
Appearance Appearance
Now let's talk about the claim form for poor quality services. It is issued in free form. At the same time, it should be seen from whom, to whom it is sent, and on what grounds.
The document must clearly indicate the reasons or reasons why the applicant considers the obligations of the other party unfulfilled or fulfilled in bad faith.
Above, it was pointed out that the shortcomings identified during the acceptance of work were listed.
Further, the consumer indicates which outcome he would like to achieve. The law proposes several, the customer has the right to offer one of them (in particular, eliminate shortcomings, reduce the price, etc.). The entire list of options is listed in Art. 29, 30 of the Law on Consumer Protection.
Here are briefly suggested options:
- ask the contractor to eliminate the shortcomings at his own expense;
- ask to reduce the size of the price;
- ask to re-execute the order or provide a new product in return for the previously received item;
- ask for compensation to eliminate deficiencies eliminated at their own expense (means attracting third parties to do the work).
A sample claim for poor-quality services is offered either by one of the listed options, or all of them so that the consumer has already made a choice.
It is advisable to offer the second party a specific length of time to provide an answer. The signature and filing date are placed below. In the final part of the claim, a warning is issued about going to court in case of refusal to satisfy the claim.
The following are copies of the attached documents, if any.
The wording of the claim should be as accurate and complete as possible. It is impossible to allow emotional statements in the text.
If the consumer wishes, he has the right to demand compensation for both material and moral harm.
How to direct
If representatives of the organization or individual entrepreneur do not want to accept the document, it is worth using the services of a courier or mail. Even if no one comes for the letter or refuses to accept it, paper will remain in the hands of the customer.
She will confirm that attempts have been made to resolve the problem. The list, unopened envelope and notification form are attached to the claim. On them postal workers put a mark on the denial of receipt.
Claims Duration
The law proposes several rules for calculating the deadlines for consumer complaints:
- if use is provided within the warranty period, then the claim may be sent within its limits;
- the same rule applies when determining the expiration date;
- if the warranty period is not established, then the period for sending claims is 2 years;
- after missing the deadlines, claims are made in exceptional cases.
Finally
A letter is a standard claim form for poor quality services. The main thing is its content, not its design. There should be an indication of from whom, to whom, a statement of the claims themselves, references to the contract, regulatory documents, examination conducted by trained third parties.
Before filing a lawsuit, the consumer must ensure that he has evidence of sending the document to the defendant.