Typical mistakes when drafting a claim letter

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The following mistakes are often encountered when consumers file claims.

No specific requirement

A simple expression of dissatisfaction or a mention of the intention to go to court is not a sufficiently correct presentation of a claim. The claim must contain a specific stated requirement, as ecuador mobile phone numbers database provided by law.

Submitting a request for diagnostics or examination

This is similar to the previous error. The responsibility for checking the quality of the goods lies with the seller in the event of a dispute about discrepancies and defects. Therefore, the consumer's request for diagnostics or examination is meaningless in itself.

No set deadline for correcting deficiencies

Often, consumers demand that defects be corrected, but do not set a specific deadline for this. However, it is the consumer who must indicate to the contractor the time frame for correcting the defects. If the deadlines are not specified, such a claim has no practical value.

Deadline for rectifying defects

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Claim for compensation for moral damages

The decision to award compensation for moral damage is made only by the court. The amount of compensation is also determined by the court. Indicating the need for compensation for moral damage in the claim may indirectly lead to an understanding of your unpreparedness and frivolity. And this opens the possibility of misleading you and manipulation by the defendant.

The text of the claim is a kind of mirror of its author. It is important to formulate the demands clearly and justify them, referring to the rules of law, in order to give a complete picture of yourself as a person who knows the laws and can apply them. The style of presentation allows the defendant to draw a portrait of the applicant and calculate possible scenarios.

Errors in claims are, in fact, a gift to the other party in a dispute, since they:

allow us to judge the personality of the author of the claim (knowledge of his rights as a consumer or frivolity, the ability to manipulate them);

provide an opportunity to prepare for a further dispute (forge, correct documents, correct your mistakes);

they may leave your request unanswered and without any consequences;

provide the opportunity to formally reject the stated claim;

allow the claim review process to be delayed.

To avoid such mistakes, you should entrust the drafting of the claim letter to a professional lawyer.