A claim for a refund is made in standard writing in compliance with the general rules adopted in the business document. As a rule, this type of claim is typical for cases of violation of consumer rights. For example, when buying shoes the next day, the heel breaks or the sole comes off.
In practice, a complaint is often just a preparatory step for litigation.
Document structure
When making a claim, it is recommended to adhere to the following structure:
- in the heading of the document details and the name of the person (legal, physical) to whom claims are made are indicated;
- details of the sender of the document are registered below;
- the name of the document, place and date of preparation are written even lower;
- the plot of the document briefly describes the circumstances that prompted the author of the document to make claims;
- at the end, the requirements and terms in which they must be fulfilled are described;
- if there are applications, then they should be listed;
- at the end of the letter affixed position, signature and decoding the author.
Design Features
A claim for a refund must be made in 2 copies, on one of which the recipient must put a mark. It is from this date that a 10-day period will be reported, after which the recipient of the letter must give an answer. If the answer is not received, the applicant has the right to apply to the court and to the organization that protects the rights of consumers.
In cases where the claim is sent by mail, it is necessary to draw up an inventory, fill out a notification form. In such a situation, the date of the report of the period that is allotted for the consideration of the claim is considered the date indicated in the notification. All these documents must be kept in case you have to go to court or other instances.
Sample
Although a sample claim for a refund is not provided for in regulatory enactments, it must still contain mandatory details. In the future, this will make it possible to go to court and win.
To the head of PE "Shoes"
FULL NAME.
store location address
contact details and customer address
CLAIM
Date__________
__________ (date), by me, a customer, P.P., in a store No. 1, located at _____________, one pair of shoes was purchased (leather shoes, red, with heels). The next day, ___ (date), putting on new shoes and not having time to get to work, I found that all the accessories were lost. Shoes do not have any physical damage, which can be found when inspecting shoes.
Based on the foregoing, we can conclude that the shoes sold to me are of poor quality. Based on Art. ___ of the Law of the Russian Federation ____ I ask you to return the money paid for the shoes in the amount of _____ rubles to me.
Please send a response to the claim for a refund to me at _______ or inform about your further actions by contact phone ____ or in another convenient way up to _____ (date).
If you do not fulfill my requirements, then I will be forced to send my requirements to the organization that protects the rights of consumers, or to the court.
Attachments: 1) copy of receipt No. ___ date.
FULL NAME. (with decoding), signature and date of compilation.
Disputes with banking institutions
The development of technology has made it possible to make payments and receive money anywhere in the world, but sometimes bank customers have to deal with a rather unpleasant situation when funds are debited from the account. In fact, there can be many reasons, from the usual employee negligence and software failure to fraud. In this case, in order not to go to court, it is best to first contact the bank with a claim for a refund, although the terms of the pre-trial settlement of the dispute are provided for in the service or credit agreements.
Before writing a claim, you should take an extract from the bank on the movement of personal funds in the account. If we are talking about a loan agreement, then you must attach a copy of it.
Claim to the bank for a refund
A sample spelling of the document is given below.
_____ (date), between me, a citizen of the Russian Federation ____, and PJSC "Bank", an agreement was concluded on the opening and maintenance of account No. ___________.
_____ (date) funds in the amount of _____ rubles were unreasonably debited from my account. On this day, no financial transactions were carried out with my account.
Based on the foregoing, I ask you to understand the current situation and return to my account unreasonably debited funds.
Next steps
The bank must consider the claim no later than 10 days from the date of its receipt, but in particularly difficult situations, the review may drag on for 45 days.
If a commercial bank has received a response to a claim for a refund with a negative decision, you must contact the Central Bank or immediately to the court.
Finally
A pre-trial claim for a refund is a preparation for a lawsuit. If possible, it is better to contact a lawyer who will help draw up the documents and resolve the dispute in pre-trial procedure.