Application for car repair under warranty

A claim against a car dealership is perhaps one of the most important documents when a consumer has to argue over the quality of a car. The entire further course of the case depends on how correctly the claim is drawn up. And there is a lot at stake in this case, because the average person buys such expensive things as a car only a few times, or even once, in their life.

It is all the more offensive to come across a low-quality car, the operation of which is difficult or even impossible. However, do not rush to despair. It is in this case that such a powerful ally as the law “On the Protection of Consumer Rights” appears on the buyer’s side. Next, we will talk about how, using it, you can effectively resolve a dispute with a car dealer.

When can you file a claim with a car dealership?

Despite its cost and size, from a legal point of view, the machine is not much different from a computer or even a kettle. It's the same thing as everyone else. With one small caveat: according to government decree No. 924 of November 10, 2011, cars are included in a special list of technically complex goods.

Products included in this list have a number of restrictions on return to the manufacturer or seller. You cannot return a technically complex product just because you didn’t like it or didn’t fit for some reason. The only basis for terminating the purchase and sale agreement can be the discovery of deficiencies in it.

Next we will talk about some special cases of this general rule, but for now it would be useful to list the most popular reasons for sending claims to car dealerships.

Typical conflict situations:

• a malfunction of one of the car components, discovered after its purchase;
• violation by the salon of statutory or contractual obligations to the consumer (for example, concealing any information about the car);
• violation of the deadlines for issuing the paid car to the owner or refusal of it, various types of disputes due to insurance issued through a car dealer;
• poor quality warranty repairs;
• refusal to repair a car under warranty.

As for the car dealership’s violation of the deadline for handing over the car, it makes sense to write a claim even if, before the delay, you only managed to make an advance payment, and even when only a preliminary agreement was concluded between you and the dealer.

Sellers often prevent the termination of preliminary documents, but in fact the business does not have the right to force the consumer to enter into the main contract. After you have expressed a desire to get it back (sent a claim to the dealer), you are required to return the money, even if in the end the delivery did occur. Otherwise, it will be regarded as unjust enrichment.

In any of the above situations, consumer rights protection specialists recommend sorting out relations with the car dealership through a claim procedure. This way, you will not only attract the attention of the seller, but will also very likely speed up the proceedings: with a person who knows his rights, businessmen will prefer not to joke again and will not put off resolving the issue indefinitely. Therefore, a complaint should be written about any serious disagreements!

In addition, by filing a claim, you are preparing the necessary springboard for going to court. By law, the consumer must first try to resolve the conflict on their own. Without this step, the court will not accept his claim for consideration.

Requirement, application for warranty repair of a car - sample, example, form.

claims... to a car dealership » Requirement, application for warranty repair of a car - sample, example, form.
Sample, example, claim form, application for warranty repair of a car - in doc format.

In LLC "____________" INN_______________ Address:_________________________________ From gr.______Full name______, residing at the address:_________________________________ tel._______________

REQUIREMENT (Application for vehicle warranty repair).

“__”__________ 201_ I, full name (hereinafter referred to as the Buyer/Consumer), under the vehicle purchase and sale agreement No. __________ (hereinafter referred to as the Agreement), purchased from LLC "____________________" (hereinafter referred to as the Seller) a car brand ____________ (hereinafter referred to as the Vehicle/Product), engine No. _______________, body No. ___________, Identification number (VIN) ) No. _______________, vehicle passport series __ ___ No. ___________, body color – _________, 20__ year of manufacture, under the specified agreement I paid a fee for the purchased vehicle in the amount of ____________ (figures in words).

“___”______________201_ during operation (during visual inspection, etc.) the following deficiencies not specified in the Contract were discovered in the vehicle ________________________________________________: _________________________________________________________________________________.

In accordance with paragraph 5 of Article 18 of the Law “On the Protection of Consumer Rights” (hereinafter referred to as the Law), the Seller (an authorized organization or an authorized individual entrepreneur) is obliged to accept goods of inadequate quality from the Consumer and, if necessary, immediately check the quality of this product. When checking the quality of goods, the Buyer/consumer has the right to participate in it. In the event of a dispute about the causes of defects in the goods, the Seller is obliged to conduct an examination of the vehicle at its own expense. The examination of the goods upon presentation of the Consumer's request must be carried out within ten days. The consumer has the right to be present during the examination. According to paragraph 3 of Article 20 of the Law, warranty obligations in the event of elimination of defects in the product are extended for the period during which the product was not used. The specified period is calculated from the date of presentation of the request to eliminate the defects of this product until the day of its delivery to the Consumer upon completion of the repair. When issuing the goods, the seller (manufacturer, importer, authorized organization or authorized individual entrepreneur) must provide in writing all information: on the date of the Consumer’s request to eliminate the defects discovered by him in the goods, on the date of transfer of the goods to eliminate the detected defects, on the date of elimination of the defects of the goods with their description, the spare parts (materials, parts) used during repairs and the date of delivery of the goods to the consumer upon completion of the elimination of product defects. Considering the above,

I DEMAND:

1. Immediately accept from me a vehicle ____________________________ of inadequate quality with the preparation of an appropriate acceptance certificate for the transfer of goods; 2. Conduct a quality check of the vehicle in the presence of its owner; 3. Eliminate identified deficiencies free of charge as part of the vehicle warranty repair; 4. When returning the vehicle from repair, issue the owner with a document extending the warranty period for the period of repair, indicating information about the date of the Consumer’s request to eliminate the defects of the product discovered by him, the date of transfer of the product to eliminate the detected defects, the date of elimination of the defects of the product with their description , about the spare parts (materials, parts) used during repairs and about the date of delivery of the goods to the consumer upon completion of elimination of the defects of the goods.

Signature____________________ Full name ____________201__

What rights does the law give the consumer?

Returning a faulty car to the seller is only one option for developing a consumer dispute. In fact, the law gives customers of car dealerships other, less radical options for resolving conflicts.

Among them:

1. Exchange of a faulty car for a similar but high-quality model.
2. Replacing it with a car of a different model/brand with subsequent recalculation of the cost.
3. A reduction in the purchase price corresponding to the severity of the defect.
4. Request from the seller to eliminate the defect free of charge.
5. Assigning the costs of repairs to a third-party service to him.

If a defect is identified in the purchased machine, the consumer has the right to include any of these requirements in the claim. However, the most popular option is return - few people want to deal with a car that broke down immediately after purchase. But in addition to rights, relevant legislation also imposes some restrictions on consumers, so it is not always possible to return the iron horse to the stall. Next we will talk in detail about the nuances of this procedure.

Read more about the disadvantages

As we remember, you cannot return a high-quality car to a car dealership - such a right is only given by a fault discovered in it. But this concept is too broad and is more suitable for everyday use. The Law “On Protection of Consumer Rights” operates in such categories as deficiency and significant deficiency.

A defect here means virtually any defect that interferes with the normal operation of the product. In the case of a car, it could even be a faulty windshield wiper or scratched paintwork. Our legislation provides the consumer with the right to return a technically complex product with a defect within 14 days from the date of receipt (not purchase!). But after their expiration, you will be able to get your money back only if a significant defect is discovered in the car.

This category includes:

• deficiencies that cannot be eliminated;
• defects, the elimination of which would require an unreasonably large expenditure of money or time (cases where repairs are more expensive than the product itself, and the repair time exceeds the statutory 30 days during any year of warranty);
• defects that arise repeatedly or appear again after repair (in practice, it is enough for the defect to appear 2 times during the warranty period);
• This also includes a case where the seller was unable to satisfy the client’s request for car repairs within 45 days.

Of course, not a single car dealership will take your word for it in this case, and the presence of deficiencies in the car will have to be confirmed at least by testing at a service center, or even by the conclusion of an independent expert. But in any case, you need to start communicating with the dealer by writing a motivated complaint.

How can customers be deceived in stores?

Often, when purchasing, for example, a smartphone, it is indicated that it comes with a one-year warranty, and for an additional, say, 999 rubles, it can be increased to a couple of years. In accordance with the current version of the Law on the Protection of Consumer Rights, if such a period is set for less than two years, then after its expiration the person who owns the goods can still apply for repairs, returns, compensation, and so on. But there is a condition here: the user needs to independently prove that he is not to blame for the breakdown of, for example, the same smartphone. That is, he must conduct an examination at his own expense. And here the seller or manufacturer is not obliged to reimburse him for these expenses.

How to file a claim

Russian legislation does not contain a unified standard for writing complaints, so you can express your dissatisfaction in free form. But this, of course, does not mean that there are no rules at all. Lawyers have long compiled a list of recommendations on how to write a claim to a car dealership and at the same time make it as effective as possible, thereby increasing your chances of success.

Things to consider:

1. Write your claim in your own hand or on a printed form prepared by you personally. Do not use the forms that the seller offers you if you do not want the complaint to inadvertently turn into a thank you letter. Often standard documents are drawn up in such a way that, from a legal point of view, they are not claims. An example is a work order for car repairs. By limiting yourself to it, you will not be able to protect your rights in court and will miss the precious time during which you have rights guaranteed by law.
2. In the header of the claim, be sure to indicate the full legal name of the company with which you signed the contract. Dealers often put the name of a partner automobile brand on the sign (for example, AvtoVAZ, Volkswagen, or Hyundai), but indicate their real name only in the documents. That's where you need to look for him.
3. Be sure to include your personal information, as anonymous complaints will not be considered. Also remember that only the consumer as a party to the contract has the right to file a claim. Claims made on behalf of others will be invalid.
4. Be sure to indicate that your document is a claim and nothing else. If this is not obvious from the text, in court the defendant has a chance to dodge the claim by citing your violation of the pre-trial procedure for resolving the dispute.
5. Do not forget to indicate the number of the agreement concluded between you and the car dealership, the date of its signing, as well as the details of the document confirming payment for the goods. This data indicates that you have every right to make claims against this seller.
6. Specify the vehicle details as much as possible: indicate the body number, title, VIN, etc.
7. Describe in detail the essence of the problem you have, referring to the provisions of the law that support your position (see the complaint against the car dealership, given at the end of the article as a sample). If you have materials confirming your case (photos or videos, expert opinions, etc.), be sure to mention them in the text and attach copies of them to the claim. It would be useful to include in the complaint a complete list of such documents so that the car dealership does not inadvertently “lose” something important.
8. Once you've finished describing the defect, be sure to state your requirements. Remember that they should not contradict each other. For example, you should not ask to repair a faulty part and at the same time order a new one.
9. Be sure to notify the car dealership of your readiness to file an application with the prosecutor's office, Rospotrebnadzor and file a lawsuit in case of a refusal. During the latter initiative, you can not only satisfy your claim, but also petition for the recovery of penalties and the assignment of legal costs, examination costs and other expenses to the defendant. All this can significantly burden the dealer in the event of a loss, so a smart business tries to resolve problems with consumers peacefully.
10. The claim is completed by the date it was written and the personal signature of the sender.

By following these simple recommendations, you will significantly increase the chances that your claim will be satisfied. Trying not to lose profit, dealers use every opportunity to leave the consumer high and dry. You shouldn’t give them additional trump cards by making mistakes that could have been avoided.

The claim to the car dealership has a sample, drawn up taking into account the given tips.

Filing a claim

You should go to court only if the seller has not responded to the claim or has not taken proper measures in response. In the statement of claim, it is necessary to indicate all important details, avoiding expressing your attitude towards the salon.

What is a car warranty and what does it include? Read here.

The buyer has the right to request in a lawsuit compensation for legal costs, examination, and other costs caused by the purchase of a low-quality car due to the fault of the dealer, showroom or previous owner.

If the court decides to satisfy the claim, you can safely contact the seller and legally demand the funds back. If it’s still not possible to return a low-quality car, bailiffs will take over the matter.

At the same time, the new owner is not obliged to pay for the right to use a low-quality car and its cost must be reimbursed in full.

Documentation

When submitting an application to the court and contacting the seller directly for a refund, you must have all the documents with you. Otherwise, this will be a legally valid reason for refusal.

Required:

• contract of sale;
• check;
• service book;
• the submitted claim and the response to it (if any) or evidence of the seller’s refusal to accept the claim;
• results of an independent examination.

How to return a car of poor quality? Step-by-step instructions in the video:

If the dealer agrees to take the car back and return the money without going to court, then it is enough to have a receipt, a sales contract and a service record for the car.

How to serve a claim to the addressee

The law does not say anything about how exactly to send a claim to the seller. In practice, there are several common ways to submit a written complaint.

Methods for submitting a claim:

• delivery from hand to hand;
• Express delivery;
• sending by mail.

Each of these options has its own nuances and disadvantages. Let’s say right away: in the case of consumer disputes, experts do not recommend using the services of a courier for several reasons.

Firstly, his documents may simply not be accepted. Secondly, it is not a fact that an employee who has the right to accept complaints from consumers will interact with the courier (if a claim is accepted, for example, by a sales manager, the court may declare such an appeal invalid). And thirdly, your copy of the claim will not contain any marks of receipt (incoming number, date, seal). And if in court your opponent says that he has not received any claim, you will have nothing to refute his words.

By bringing your claim to the dealership in person, you may encounter the same difficulties as a courier. But, unlike him, you are an interested party and can try to insist on respect for your rights. Be sure to request that the complaint be registered in front of you as accepted, and that your copy be signed, dated and stamped. To be fair, we note that not all car dealerships create obstacles for consumers; many accept such documents without problems.

If the dealer still refuses to receive the claim, the third, most reliable option remains - sending it by mail. Just do this not with an ordinary letter, but with a valuable letter with acknowledgment of delivery. Then the post office will make an inventory of the attachment in two copies, one of which will remain with you. Having received such a letter, the addressee will not be able to deny the receipt of the complaint, and the inventory will not allow him to say that there were any other papers inside.

Transferring the purchased car to the dealer

In the vast majority of cases, the auto center will want to verify the validity of your claims and inspect your vehicle. To do this, the law provides for a procedure for transferring it to the salon for temporary storage. This must be done simultaneously with the delivery of the complaint to the seller. And remember: this procedure must be accompanied by the execution of the relevant documents!

If you ultimately fail to reach a compromise when you pick up the car, keep these papers with you, even if they ask for your copy back. With their help, you will be able to prove in court that you really handed over the car to the seller (which can be of great importance when considering the case).