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How to write a letter correctly
Each response to a claim must contain certain information:
- Name of the organization or full name of the individual entrepreneur who is the addressee of the appeal, as well as contact information;
- Information about the person who filed the complaint (full name, address);
- Addressing your opponent. The usual greeting phrase is “Dear ... (full name)!”;
- Confirmation of receipt of the claim. It may look like the following phrase: “Your claim on (date) has been reviewed”;
- Narration of the course of events that took place. It is necessary to tell the essence of the difficulties faced by the counterparty. This is necessary for several reasons - this way the narrative will be clear, and from the text of the response to the complaint it will become clear why such actions were carried out;
- A list of measures taken to eliminate the cause of the claim or previously planned;
- The result of the complaint consideration. If it is justified, the applicant must be offered a way to resolve disagreements. Requirements may be satisfied in full or only in part. The correct course of action would be to apologize and express hope that the applicant will continue to cooperate. You can offer the victim some compensation for the harm caused to him, for example, discounts, bonus cards or other preferences;
- If the fact of a violation has not been confirmed, the applicant should be informed about this, demonstrating the reasons for the refusal and references to legal acts;
- If documents are attached to the answer, you need to note which ones in the text;
- Information about the subject who signs the document (position, full name);
- Date of preparation of the response to the claim;
- Signature of the manager or other person who is authorized to review claims;
- If the response is made on behalf of an organization, it must be stamped.
It is worth noting that without receiving satisfaction of his claim, the applicant can complain to institutions that are authorized to monitor the activities of organizations (Rospotrebnadzor, supervisory institutions, etc.). In addition, legal proceedings may be initiated.
It is also possible that the case will receive resonance in the media, which is not conducive to the growth of business reputation. Therefore, when preparing a response to unfounded claims, you need to carefully analyze the reasons for refusing to satisfy the complaint and support your opinion with references to regulations, agreements and other documents.
How to write a response to a complaint
To draw up a response to a received complaint, you need to carry out the following algorithm of actions:
- Identify the responsible persons whose competence this appeal relates to and send them copies of the complaint.
- If the complaint is incorrectly forwarded to the responsible body, it will be forwarded to the body competent to consider such issues. In this case, the applicant must be notified.
- Consideration of the arguments described in the complaint and their verification.
- Study of the legal framework on which the applicant's arguments are based.
- Drawing up a reasoned response to a complaint within the time limits established by law.
- Sending a response to the complainant and all interested parties as part of this complaint.
This algorithm is indicative and, if necessary, can be supplemented with other actions.
Sample 2021
The response to the complaint must adhere to the following structure:
- Header - displays the contact information of the applicant and the respondent.
- Appeal - the response begins with a respectful word to the applicant.
- The position of the defendant - in case of disagreement with the arguments presented in the complaint, it is necessary to provide relevant evidence, otherwise the defendant apologizes.
- When a complaint is refuted, evidence is attached, and if guilt is admitted, measures to resolve the problem are described.
- The resolution of the document expresses gratitude to the applicant for his vigilance and attentive attitude to the activities of the organization.
- Date and signature of the responsible person.
Despite the fact that the document is of an official nature, the use of emotional expressions and colloquial speech is allowed when drawing it up.
In the book of reviews and appeals
Any organization working in the consumer sector must have a book of reviews and requests. If a complaint is found in it, the legal entity is obliged to quickly respond and enter a written response into the book.
The book of complaints and suggestions is an official document that is checked by employees of Rospotrebnadzor , so ignoring complaints received through it can negatively affect the work of the organization.
According to the service agreement
The most common complaints in the service sector are complaints to the management company. It is better to write a response to such complaints on the organization’s letterhead:
- The document must be signed, preferably by the head of the enterprise - this will reflect the interest of the responding party in resolving the problem.
- Since the response to a complaint is of a formal nature, it must be recorded in the internal outgoing documentation log.
To the boorish behavior of an employee
Expert opinion
Kozlov Nikita Vladimirovich
Practitioner lawyer with 7 years of experience. Specialization: family law. Legal expert.
Any employee of the organization who has encountered inappropriate actions of a colleague can file a complaint or report regarding the boorish behavior of an employee.
Do you want to complain about your insurance company? In this article we will tell you how to do this.
If a violation of the work ethics of an enterprise employee was committed under the influence of alcohol during working hours, then it will be necessary to submit two reports at once - for violation of corporate order and the Labor Code of the Russian Federation (being drunk at the workplace).
The report must include the following information:
- the name of the organization and authorized employee to whom the complaint is sent;
- applicant details;
- a description of the situation in which an employee of the organization violated work ethics, indicating the exact date and time;
- requirement to take appropriate measures to punish the employee;
- date and signature of the applicant.
The descriptive part should also indicate the systematic violation of the Internal Regulations by the employee, if this fact occurs. The report is submitted to the management of the organization, after which an internal investigation into this fact is initiated.
Legislative basis
The right to file a claim is guaranteed by Article 33 of the Constitution of the Russian Federation. The review mechanism is established by Federal Law dated May 2, 2006 N 59-FZ. The Criminal Code regulates in Article 128.1 the liability of the applicant who filed a complaint.
The applicant can apply no later than three months from the time of receipt of information about the violation of rights or within a month in the event of failure by the official to comply with the citizen’s demands.
In addition, the claim must not contain slander, offensive attacks or derogatory sentences against the person about whom the applicant is complaining.
Review period
The current legislation establishes a time period during which all measures must be taken in response to a person’s complaint.
It is thirty calendar days. The calculation of this period begins from the moment the complaint is registered. An exception in this situation is an appeal that was received for consideration by a specialist holding the highest government position, containing information about a violation of the legislation on population migration. In this case, the duration of the proceedings should not exceed twenty days.
If necessary, these time periods may be extended by an authorized official. In this case, the period cannot exceed thirty actual days.
Main types of requests
Modern legislation allows you to send different types of appeals. Regardless of their type, the regulatory framework requires an answer to them within a specified time period.
There are the following main types of requests:
Comment | Regardless of what a document is called, it can be classified based on its content. Most often, this type includes appeals with softer requirements, in the form of requests. |
Offer | This type of treatment is aimed at improving the company's performance. In certain situations, such proposals can significantly change the approach to activities and achieve positive results. For example, providing better services through certain changes helps to attract an even larger flow of customers. |
Statement | As a rule, this form of appeal is designed to identify errors, draw attention, and convey a certain request to management. |
Complaint | An appeal that contains precise demands to eliminate the violation, restore violated rights, interests of a person or group of persons. |
Watch the video. How to properly respond to complaint letters:
What to do when receiving a complaint from a citizen
A claim is one of the types of requests by individuals for protection or restoration of their violated rights. This is a pre-trial method of resolving disputes.
The mechanism of action in the event of any appeal, in particular a claim, depends on the type of this document. It can be judicial (private, appeal and cassation), submitted to government agencies, or to the organization that provided the service or sold the product.
We should talk separately about the latter type of claims. If an organization or individual entrepreneur receives an application from a person who is dissatisfied with the quality of services or goods, they must be guided by the norms of civil law.
Important! The mechanism of action when a claim arises can be presented as follows:
- The first step is to review the information in the claim. If necessary, you need to contact the applicant and clarify the circumstances and requirements described in the complaint. In addition, employee surveys may be necessary;
- The second step is to research the facts and order an examination. In certain situations, a professional assessment of the validity of the claims made in the complaint may be necessary. In other words, if the applicant complains about defects in the purchased product, the expert will be able to determine when it was broken;
- The third step is making a decision based on the analysis of the appeal. If the applicant's claim is justified, measures must be taken to resolve the conflict. The violated right must be restored, that is, the goods of poor quality must be taken back, the money must be returned, quality services provided, etc. If there are no objective grounds for satisfying the complaint, it must be properly appealed;
- The fourth step is to draft a response to the complaint and send it to the complainant.
It is necessary to focus on an important aspect of the analysis of customer requests, which is often ignored. You should not try to ignore requests, no matter in what form they are sent.
Any consumer complaint, including one recorded in the complaint book, must be given a documented response.
Among the authors of complaints, sometimes there are provocateurs who deliberately initiate a conflict with employees, after which they file a complaint. Such activities may be initiated by a competing company. In addition, appeals often come from scandalous citizens who take pleasure in humiliating other citizens. Therefore, incoming claims must be considered carefully.
What is a complaint?
How to write a response to a proposal to eliminate the causes and conditions that contributed, read here.
How to write a response to a submission to eliminate identified violations, read the link:
Tips for writing a response to a document
There is no mandatory form of response to a complaint or precise instructions in the regulatory framework. However, taking into account the requirements of the law and the established practice of considering citizen complaints, it is possible to determine the rules for drawing up responses to them.
Note! You can use the following tips to create these responses:
- The style in which you respond to a complaint should be as respectful and business-like as possible. You should not stoop to rude treatment, obscene language and threats, even if they are present in the complaint itself. It is not recommended to use emotional expressions. You need to speak to the person respectfully, thank them for the information provided and, if necessary, apologize;
- The form of communication to the client about the decision must be congenial to the form of the complaint. If it is sent in the form of a letter, the response must be sent by letter. If you send a complaint by email, you can respond using the same method;
- The response must be drafted in such a way that the addressee believes that the circumstances that led to the filing of the claim have been eliminated. You can attach copies of supporting documents;
- If the response is created on behalf of an organization, it must be issued on its letterhead;
- The answer should be written carefully, without corrections, crossing out, or grammatical inaccuracies;
- If the complaint appears unfounded, the refusal to satisfy it must be properly motivated and supported by regulations and relevant documents;
- The applicant must provide answers to all questions in the complaint. The claim cannot be considered only in part;
- If you cannot create an answer on your own, even with the help of samples, you should seek the help of professional lawyers;
- The applicant's complaints should be dealt with expeditiously. By law, ten days are given to draw up a response. If necessary, this time period can last up to a month. But you shouldn't put off creating an answer for too long. The sooner this is done, the greater the chances of resolving disagreements with minimal negative outcomes. If you delay the consideration of the appeal, its author may have time to contact law enforcement agencies;
- If the appeal is left in the complaint book, you need to leave the answer there. In addition, you can contact the applicant by phone, say that his complaint is being considered and apologize;
- If there is a repeated complaint about the same event with the same content, it should be answered, but this can be done in a condensed form. It is sufficient to indicate that a response to a statement regarding a specific event has been given before.
Practice formulating answers
The above Order obliges the institution to respond to every written communication from customers. The document regulates:
- deadlines for compiling a response message;
- the essence of it;
- design rules.
Most entries in the book require a formal response from the management of the outlet. However, they must also be provided. Otherwise, the inspection organization may file a claim for violation of current legislation. In this case, there is no need to personally communicate with the complainant, which facilitates the employee’s responsibilities. The order obliges you to respond in the form of a response to the comment. It’s up to the commentator to read the answer or not.
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Important
Rospotrebnadzor was charged with checking the maintenance of the complaint book.
Design rules
The complaint book consists of double-sided sheets:
- On one side there is an application form. It is filled out by the citizen;
- On the reverse side is the answer form. The enterprise's response must be entered on the reverse side of the application. This is done to prevent the destruction of unpleasant or critical comments from citizens.
Attention: the magazine must be numbered according to the Rules. Therefore, it is not possible to delete the page.
Response time
The management of the organization has two days to prepare a response message. However, in practice, it is better to take notes immediately. The fact is that citizens come across different people. Some people specifically come to the store to find problem areas. Without seeing a response, they can send a request to Rospotrebnadzor. The government agency will organize an inspection.
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If a client poses a difficult question to management, it can take up to 15 days to respond. But it is advisable to leave an interim comment in the journal. Its essence is that management saw, understood the problem and is working to solve it.
Important
If the visitor left contact information, then the response message must be sent to him personally. A note about such work is made right there, next to the response entry.
Response structure
The form tells you what to write. The structure of the message is as follows:
- The applicant's personal information is indicated in the header. They must match those that the person indicated on the application form;
- Please contact the applicant below. The official form is chosen. For example, “Dear (name and patronymic)”;
- The first paragraph reflects the manager’s reaction to the essence of the complaint:
- agreement;
- objection;
- other;
- The next paragraph describes the argument. It is advisable to refer the reader to the legislation. But the meaning of the arguments must correspond to the claim in meaning and content;
- Further text depends on the meaning of the claim:
- the notice describes the steps taken to eliminate it;
- for proposal - planned implementation activities;
- for an unconstructive statement - counterarguments that are understandable to the visitor;
- In the last paragraph, it is customary to thank the client for his attentiveness and efforts. It is advisable not to miss this detail even if the complaint provokes anger due to its injustice;
- At the very end the following information is indicated:
- position of the defendant;
- surname and initials;
- signature;
- Date of preparation.
Important
It is necessary to adhere to a strict, formal style. Emotional coloring of the text is unacceptable.
Reaction to gratitude
The simplest situation when designing a book is receiving a thank you review. The answer to this will not be difficult for a specialist. It is necessary to thank the client in return and make it clear to the reader that his opinion is valuable to the store and its staff.
Example
"Dear Sergey! The “Grassnechik” supermarket expresses its sincere gratitude to you for your kind words. We are pleased to receive your high assessment of our work. We value the opinion of every client and listen to their wishes.
Sincerely, manager Ivanov R.P.”
Responding to a proposal
If the client has left wishes, then they should be considered on their merits.
That is, the manager is obliged to assess the possibility of introducing them into production. The recording must correspond to the real state of affairs. If a proposal is not feasible at this stage, it should be written as such. In a different situation, implementation plans are outlined. If formal steps have been taken, these should also be included in the text.
Example
“Dear Boris Vasilyevich! The Ogonyok store thanks you for your attentive attitude and constructive approach to our activities. Based on your proposal, we inform you that it is impossible to expand the range of ice cream within two weeks. However, the supply manager is already developing a contract with our counterparty. Within a month, it is planned to conclude an agreement to satisfy the demanding tastes of our visitors.
We sincerely appreciate your constructive suggestion.
Senior Manager, Petrov I.M.”
Response to complaint
Visitors complain about several things. The answer should be based on the reason for the criticism. They may be technical in nature or related to poor quality service. It is necessary to take criticism carefully, despite its apparent or real injustice.
The reaction to a critical remark is designed to reassure the client and leave the latter with a positive impression.
Example
“Dear Pyotr Sergeevich! The administration of Privet LLC has carefully reviewed your complaint about the rude behavior of the seller Potomakov. We express our gratitude to you for your responsible attitude towards the need to maintain a high culture of communication during the performance of official duties by all employees of the LLC.
In essence, we inform you that a conversation was held with the seller Potomakov. Based on the results, the head of the LLC reprimanded the employee and reduced the bonus by 20%. These measures are reflected in Order No. 34 dated 02.12.18. In addition, on 02/13/18, a conversation was held with all employees of the trading floor aimed at observing the standards of behavior when communicating with visitors.
The head of Privet LLC, on behalf of the team, apologizes for the trouble caused. We will be happy to show you the proper discipline in your next interaction.
Sincerely, Head of Privet LLC M.R. Sidorov.”
If the complaint has no basis
Customer opinions and reactions are sometimes completely inconsistent with the real state of affairs. A statement in a book can simply be left by an angry, irritated person, dissatisfied with the whole world. But you still have to react to it. Moreover, the form of the response comment should be selected especially carefully, taking into account the possible consequences.
It's best to write a dry, short answer. There is no need to enter into a dispute with clients “in a raised voice” in documentary form. After all, the journal is stored for a long time, it can always be checked. And readers will not be inspired by the administration’s harshness. The full consequences of a response should be considered.
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Example
“Dear Tamara Ivanovna! The management of Pelmen LLC thanks you for the time spent on your message. We will take note of your comments and be sure to take them into account in our future work.
Sincerely, store director, Pryanikov S.B.”
Sample response to a complaint
We suggest using one of the examples of responses to complaints we have collected. They will help you simplify the task of preparing a letter and not miss the required details when preparing it.
When receiving a complaint, it is extremely important to strictly adhere to the procedure for considering it and write a competent response. Your business reputation and future relationships with clients depend on this. In addition, poor quality consideration of citizens' appeals can lead to problems with inspection authorities and negative court decisions. Therefore, carefully study the complaints, take measures to eliminate violations if they are confirmed, and then write a competent response.
Deadlines for writing a response
Current legislation contains short time periods for responding to a submitted appeal. These deadlines vary depending on the content of the application and are set in the range from ten to thirty calendar days. This period begins to run from the time the complaint is received from the dissatisfied applicant.
It is worth noting! During this period, you only need to have time to draw up a response to the complaint itself, and the time for transmitting the response within the allotted time is not included.
The law gives thirty days to respond to the applicant’s claim. If more time is needed to provide a complete response, the time period may be extended by another thirty days, but only after the applicant has been notified of this.
In case of serious circumstances, this period can be either reduced or increased:
- If this complaint requires some kind of research or examination, without which it is not possible to give a correct answer. However, in this case, the author of the appeal must notify the opposite party about the upcoming events before the expiration of the thirty-day period;
- In a situation where the person responsible for responding to complaints is undergoing treatment and is physically unable to do so;
- When the subject is on a business trip in another city or abroad, for which there is supporting evidence.
The absence of any reaction to the claim on the part of the defendant by default provides a reason for its author to appeal to the judicial authority.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
Deadlines
What is the deadline for responding to a complaint? To do this you need to look into the law. In particular Art. 12 of the Federal Law of the Russian Federation “On the procedure for considering appeals from citizens of the Russian Federation” provides for a general period of 30 days, which can be extended in individual cases to 60.
Art. 22 of the Law “On Protection of Consumer Rights” provides for 10 days to respond to a consumer’s complaint, and complaints left in the book of reviews and suggestions are best considered in the coming days.
The period for consideration of judicial complaints ranges from 3 to 60 days, depending on the type of claim. For example, a complaint to a court in a criminal case in accordance with Art. 125 of the Code of Criminal Procedure of the Russian Federation is considered within 5 days.
In conclusion, it should be noted that whatever answer you provide to your client, remember that it must be logically constructed, well-formulated and legally correct. In the long run, it is better to have an established database of sample responses to complaints.
Submission form
How to answer the applicant's claim correctly? The response must be sent in the same form as the complaint itself, unless otherwise stated in its text. For example, a written complaint can only be responded to in writing, even if the applicant left his telephone number and postal address for communication.
How to write a response to a request if it came via the Internet? In such a situation, it all depends on what method of communication was recorded in the claim itself. An electronic response is forwarded in any case, but the author can also request a documentary response by writing his own address.
Please note! If the appeal was expressed orally, then the response to it can also be conveyed orally. At the same time, the legislation indicates that if a person demands a response in writing, then he should not be refused.
Collective claims will not result in a response to each claimant individually. A documented response will only be sent to the representative whose contact information appears at the top of the cover page.
If the claim is unfounded
Not in all cases the complaints received are justified and some action should be taken on them. Some citizens use complaints to make some kind of profit (for example, company employees constantly encounter consumer extremism).
To such complaints, it is imperative to draw up and send refusal responses to satisfy the complainant’s demands, justifying the reasons for the refusal, as well as with references to regulations.
Leaving an unlawful claim unaddressed can enable a dishonest person to stir up a scandal or even a lawsuit.
Repeated complaint from the same person
Let's return to the case of the lady in the Internet cafe. Let us remind you that she returned to the establishment and again wrote it down in the guest book. What to do in this situation?
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A sample response to a complaint will be something like this: “The repeated comment does not contain additional information. Consideration denied." That's all. The “provocateur” can only go to court or complain to the official authorities, but this is fraught with the opposite consequences on the part of the enterprise administration.
When is it okay not to answer?
Most often, if a company or government agency receives a claim from a complainant, according to the Civil Code, it must receive a response within thirty days. It is precisely this time period that is given to the opposite party to justify its illegal actions and correct the current situation, because if ignored, negative consequences may follow.
Important! However, the regulations provide clarifications when it is not necessary to send a response to a claim, in particular in the following situations:
- When the submitted document is anonymous, it does not contain any personal information about the author, and the Civil Code makes it clear that such acts are subject to rejection;
- If, in addition to indicating the full name and other personal information of the applicant, there is no personal signature in the application;
- The complaint is drawn up according to the rules, but includes some obscene language or direct threats, or the text itself is created in illiterate language, which is unacceptable for the official style.
In all other situations, the recipient of the complaint must review it and take appropriate action, regardless of what is written, and also provide a formal positive or negative response in writing.
How to give an answer in the book of complaints and suggestions
Each trading enterprise must have a special document established by the Law of the Russian Federation of 02/07/1992 N 2300-1, called the “Book of Complaints and Suggestions”. Such a document must be located in a place visible to all clients and be accessible for their entries.
The document must be analyzed on a regular basis by the company's management, and a response must be drawn up for each claim in accordance with the relevant article of the Civil Code.
Such responses may take one of the following forms:
- If the complaint was made without personal information, but the client pointed out serious shortcomings in the quality of the goods, or the defiant behavior of the company’s employees, or other violations, management can indicate their own attitude there, on the pages of the complaint book, in the hope that the dissatisfied client will return and will see this answer. Also, other consumers of the company, looking at the book, will notice that their requests are followed by an adequate response;
- In a situation where the client records his own coordinates, namely, postal address, email address or current telephone number, the response can be sent to one of the specified contacts by sending a letter by mail, writing a response to an email message or calling a written telephone number.
A response to a complaint is necessary not only in order not to break the law, but also to maintain the status and reputation of the organization at a high level and improve the quality of services, which will help improve the financial situation in the future.
Criminal liability for ignoring a complaint
In some situations, when there is no response letter to a consumer complaint letter, and this leads to harmful effects on health or entails serious consequences for citizens (including their death), the law implies criminal liability for violations depending on their severity and in accordance with the Criminal Code of the Russian Federation.
For example, residents of neighboring houses can write a complaint and submit an application to a neighboring plant for a high concentration of harmful emissions or for the lack of a normal fire warning system in a place intended for large gatherings of people, or parents complain about kindergarten teachers due to inadequate supervision children and incorrect attitude towards their upbringing. In addition, patients may complain about poor hospital conditions or lack of proper sanitary conditions when providing services in a medical facility.
If consumers identify such serious violations, as a rule, their actions are not limited to writing a complaint addressed to the enterprise, and the paper is duplicated to the prosecutor's office of the Russian Federation, whose competent employees have the authority to conduct inspections, close the enterprise, impose fines and initiate criminal proceedings in case of ignoring violations by responsible persons.
To summarize, it should be mentioned that before filing a complaint, every consumer must have every reason to bring charges against the offender, as well as collect the evidence available in the case. However, recently these letters have only been welcomed by the management of suppliers of goods and services, since in conditions of serious competition between enterprises conducting similar activities, competition in pricing policy becomes insufficient.
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This means that civilians are increasingly noticing the company’s attitude towards customers and the work activities of its staff, as well as the comfort of service itself, and if they are dissatisfied, the company is no longer able to compete normally with rivals.