A claim is a legal document, designed as a business letter, addressed to a person who has violated obligations under a contract. Including under the offer agreement of organizations selling goods or services to the mass consumer.

Claim correspondence is a popular way to resolve disputes without involving the judiciary. It is used by both companies (in case of violation of the terms of the transaction, an overdue loan, etc.) and individuals (when buying goods of inadequate quality, poor-quality provision of utilities, etc.)

Claims against legal entities are more frequent than others due to the large number of transactions between commercial organizations and clients served by companies. The law does not regulate a clear procedure for issuing such letters, in view of this, their content is determined by the rules of business turnover. So, private traders make complaints on ordinary paper, and organizations on letterhead.

It is better if the document is drawn up in two copies. The first is handed over to the addressee or his representative, and the second, where the addressee is obliged to put a mark of receipt, will remain with the applicant and can be used in a subsequent appeal to the court. You can submit a complaint either in person or by registered mail with delivery confirmation.

The term for consideration of claim letters varies from 10 to 30 calendar days. It must be indicated in the text of the document. If the recipient has not responded to the applicant within the specified period of time, the complaint is considered unsatisfied, which is a sufficient basis for filing an appropriate statement of claim with the court.

Claim between legal entities

Not all organizations are distinguished by a conscientious attitude to the fulfillment of contractual obligations. When the terms of the contract are violated, the injured party begins the process of pre-trial resolution of the dispute - sends the counterparty a claim with a list of requirements.

A claim between legal entities, the sample text of which is presented on the website, is drawn up in the following order:

• The header of the document (usually on the right) indicates the details of the addressee organization with the name and address, full name and position of the head. On the opposite side, the stamp of the sender company with the details and serial number of the outgoing letter is put. Below it is recommended to add the number and date of conclusion of the contract, the violated terms of which are the reason for writing this document.
• In the middle of the sheet is the heading "Claim".
• The next paragraph is a summary of the contract under which the violation was recorded.
• This is followed by the main part of the claim letter, which sets out the essence of the claim, describes in sections and paragraphs the contractual obligations fulfilled and violated by the parties. Monetary amounts and terms are indicated with particular accuracy. For certain types of agreements, it is appropriate to provide a table with information on the work or services performed and the payments made (received). The source for tabular data is acts of reconciliation, acceptance and transmission, etc.
• A separate item draws up information on lost profits caused as a result of non-compliance by the counterparty with the contract of direct and indirect losses. It is better if, next to each type of damage, there will be a link to legislative acts that allow you to demand appropriate compensation from the culprit.
• It is recommended to begin the final part with an indication, based on the results of the above calculations, of the total amount of payments with the requirement to compensate for this damage.
• This is followed by a warning that if the guilty party fails to fulfill the requirements on time (optionally within 10 to 30 days), the applicant will be forced to apply to the arbitration court with a similar claim.
• At the end of the letter there is a list of documents attached as an evidence base for the requirements put forward.
• Be sure to put the date of the document, the signature of the head with a transcript and an indication of the position.

When interacting with partners, it is customary to correctly express their complaints about the quality of services, outstanding debts and other violations of obligations under the contract. In this case, it makes sense to correctly compose a letter of claim, which reflects the essence of the requirements and a proposal to solve the problem. Ready-made examples, compilation rules and other useful information - all this is given below.

Sample forms can be downloaded at the end of the article.

The occurrence of contradictions, as a rule, can be resolved without filing a statement of claim in court. The main goal is precisely to make every effort to avoid proceedings in court. Therefore, the purpose of this document is as follows:

1. Formulate the actual claim - specific complaints about the product, services, delayed payments and other important points. At the same time, complaints may relate to non-fulfillment of certain conditions of the contract or non-fulfillment of their duties in general.
2. Convey your position to the partner - how it is supposed to correct the situation, what decisions you expect from your counterparty.

Thus, in most cases, when drafting a text, attention should be paid not only to the “negative” part with its requirements and justification for dissatisfaction, but also to the “positive” part, in which a specific proposal is made to resolve the problem.

The advantages of pre-trial settlement of the situation are obvious:

• you can save time and money;
• you can maintain good relations with a reliable partner who has temporary difficulties;
• you can also raise your business reputation as a non-conflict partner who has the intention and ability to resolve all contradictions in a peaceful way.

NOTE. Even in the event of a further appeal to the court, it would be correct to preliminarily formulate your complaints and send them to the partner. If this measure does not take effect, during the proceedings it will be possible to provide a document as additional evidence that you really made an attempt to solve the problem without the mediation of the court.

Who can write a letter

At the same time, all citizens and legal entities can make an appeal:

1. Individuals - citizens of Russia and foreigners.
2. Commercial companies and enterprises (represented by their representatives authorized by the director).
3. Public associations and religious organizations, other legal entities.

The applicant can apply either personally or send a representative acting on the basis of a power of attorney. In the latter case, the data of the power of attorney are indicated - the name and date of compilation.

The sequence of actions in compiling

Before you start writing a text, it is important to correctly analyze the situation in order to understand:

1. What is the purpose of writing an appeal, what requirements already exist for a partner. This will be the main subject of the appeal.
2. How can you justify your dissatisfaction - a violation of the law, written or oral agreements.
3. What documents can be attached for justification - copies of contracts, checks, receipts, other payment documents.
4. What damage was done - not only material, but also business.
5. What can you specifically offer: from the point of view of legislation or from your own point of view.

Text Requirements

After clear answers to each question have been received, you can proceed to the text. When compiling it, you can rely on the general rules of business etiquette:

1. The style of presentation is official business. Artistic techniques, ambiguous expressions, personal assessments of a particular person, and even more negative statements about him should be avoided.
2. It is advisable to write the text on the letterhead of the company in printed form.
3. The text should be short enough, but at the same time contain a detailed description of the claim (point by point). It is optimal to keep within 1-2 printed pages.
4. In the course of writing the text, it is advisable to constantly refer to specific clauses of the contract, legislative norms, and other regulatory documents.
5. When writing a proposal, you should also try to justify your actions as much as possible. You can also correctly hint that in the event of default, you reserve the right and have the intention to take legal action.

Delivery method

A variety of delivery methods are used, but the main task is to obtain documentary evidence of receipt of the letter. It could be:

• delivery notice;
• delivery receipt;
• extract from the register of incoming correspondence (the date, name and number of the document are put).

1. In person or by courier (company representative or freelancer).
2. With the help of the Russian Post - in this case, you need to send a registered letter, which also includes an inventory with a description of the attachment (document name, original or copy, number of papers, total number of pages).
3. With the help of private mail services - delivery on a door-to-door basis.

Alternatively, you can also send a message by fax, but in this case you cannot receive a notification of receipt as such. Therefore, if there is a real possibility of litigation in the future, It is best to send it by registered mail.

Response time

In general, the response time is 30 calendar days from the date of delivery of the item to the addressee. The countdown starts from the business day following the day of delivery (the date is indicated in the notification). In this case, the response delivery time is not taken into account - i.e. the counterparty, partner is given exactly 30 calendar days in order to formulate his answer.

However, in some cases, the period may be reduced:

1. According to the law "On the Protection of Consumer Rights", the seller must provide a response to the appeal (or statement of a claim nature) of the buyer no later than 10 business days.
2. In the case of disputes related to OSAGO, the period is 5 working days.
3. Finally, in many cases, partners initially agree on the specifics of pre-trial resolution of their differences. In particular, the deadline for responding to a claim of a claim nature is often prescribed.

In some cases, the parties may agree to increase the terms of consideration in advance and fix this in the contract. On the other hand, in the course of the situation itself, depending on the specific circumstances, additional time may also be needed - for example, for an examination, laboratory tests, etc.

In some cases (for example, in connection with rental disputes), the law prescribes a mandatory pre-trial dispute resolution procedure. It is generally assumed that the party suffering damage must first contact his contractual partner with a written request. If the answer is not received within the specified time frame or the answer is not satisfactory, the company has the right to immediately go to court.

Number of copies

The number of copies is determined by the situation. At a minimum, the letter is written in two original copies - one is sent to the counterparty, the other remains on hand. At the same time, it is desirable to record the fact of sending in your internal log of outgoing / incoming correspondence.

Any number of copies may be made from the original. The company can certify these copies - all pages are stamped and handwritten by an authorized person. Notarization is not required.

Legal force

This is also quite an important and common question. In fact, a letter cannot be considered a document that has a binding character for any of the parties. It does not contain a description of rights or obligations because it is not a contract or an agreement.

On the other hand, it is precisely this that is the main evidence that the company (or individual) really tried to resolve their differences in a pre-trial order. Experience shows that most judges are positive about such attempts. On the other hand, ignoring the appeal by the counterparty is a certain reputational and even legal cost for him.

Sample 2020

The legislation does not contain a clear definition of such a document and the requirements for its execution, therefore, when drawing up, one should proceed from the actually established traditions of business document management, taking into account the peculiarities of one's situation.

1. The "header" contains the detailed name of the addressee and sender - the official name of the company, contact details, full name and position of the persons who correspond, i.e. who is referring and to whom. In the case of private citizens, it is enough to indicate the full name and address, contact details.
2. Next, the name of the document is written, it begins with the words “Letter of Claim”, and then you can specify the nature of the complaints: for example, “on the return of funds”, “on the quality of the goods”, “on violation of the terms of the supply agreement”, etc.
3. The text itself follows - in the introductory, descriptive part, the situation should be briefly clarified: what contract was concluded, when, on what conditions.
4. Then they formulate a claim. If there are several of them, it is better to list them in a list or arrange them in the form of a table for easier perception by the recipient.
5. After that, they describe their proposals - how do you see the solution to this situation. Here one can also express the hope that the conflict will indeed be resolved without the involvement of a trial. On the other hand, you can hint that if you ignore the appeal, you will have no other choice.
6. After that, applications are indicated - i.e. quantity, names of the attached documents (copy of the contract, original payment order, check, etc.), as well as the number of pages in multi-page documents.
7. A signature is put, decoding of the signature (surname, initials), the position of the applicant is prescribed. A seal is also put here if the company uses it in its workflow.

The form, which can be adapted to almost any occasion, is presented below. Specific examples are discussed in the next section.

In fact, the tone of the text depends on your future plans. If the relationship with a partner is quite expensive, it is best to describe your wishes and complaints in a positive way - as an expression of dissatisfaction, but at the same time, hopes for fruitful cooperation in the future. If the relationship has clearly reached an impasse and tangible damage has been caused, the appeal should be considered as the last step before filing a claim. And your intentions need to be clearly formulated and conveyed to the partner.

Claim types

The specific design option depends on the reason for the complaints - i.e. which contract was violated, what exactly the company is dissatisfied with. The following are real examples and rules for processing the most common claims of a claim nature.

Refunds

This is the most common topic. Usually, the party initially makes an oral request, but in most cases is refused, so it is forced to draw up a written appeal or even immediately go to court - at its discretion.

The features of such a document include the following:

1. The return of funds is a rather serious requirement, so it must be carefully justified, referring not only to the concluded contract, the fact of purchase, attached documents, but also certain legislative norms - for example, the law "On Protection of Consumer Rights" or the Civil Code.
2. For the same reasons, the amount, number of the check, payment order, date of purchase / conclusion of the contract and other essential conditions should be specified as specifically as possible with reference to the relevant documents.
3. Finally, it is important to clarify the deadlines for fulfilling your requirements, which are also justified by law. For example, in the case of considering a claim in connection with the return of funds for low-quality goods, the buyer should proceed from the law "On the Protection of Consumer Rights" (the seller is given 10 business days to make a decision).

A sample that you can rely on as a ready-made example is presented below.

Failure to comply with the terms of the contract

This is the most common situation associated with disagreements between representatives of different legal entities. Quite often, individuals who are dissatisfied with the services provided also make similar comments. In this case, disagreements may be about:

• violation of certain clauses of the contract;
• non-fulfilment of the contract as a whole;
• refusal of their obligations on illegal grounds, etc.

The structure of the appeal is practically the same, but it is important to refer to specific clauses of the contract, describe in detail the facts of the violation (date, essence), but at the same time try to avoid determining guilt, because this is already the task of the court.

For example, you can take the following example:

Debt repayment

Such a letter is most often sent by a bank to its client or to one company by another: a claim is made for incomplete repayment of debt, violation of deadlines, method of transferring the amount (to the wrong account), etc.

By product quality

In this case, the injured party needs to describe in detail why it considers the goods to be of poor quality, refer to the obligations of the partner under the contract, as well as certain regulatory documents, for example, GOST, which describe in detail the quality requirements. The same category can conditionally include those appeals that are associated with situations of understaffing, factory defects, traces of mechanical damage associated with poor-quality delivery services, etc.

Failure to deliver

Finally, another type of appeal of a claim nature is associated with a gross violation of the delivery time. In this case, the party may describe the damage that was received, as well as indicate its intention to go to court. The following example can be taken as a basis:

Drawing up a claim is the main measure of pre-trial settlement, therefore, each company should keep in mind that the correct execution of the document gives an additional reason to hope to solve problems without the mediation of the court.

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How to write a claim letter

Claim letter - sample How to issue is of interest to many citizens. Knowing how to write a claim correctly will help many in resolving current disputes without the need to go to court. Claim letter, a sample of which contains the main

registration requirements, must have the following items:

• The full name of the person who sends this letter (meaning not only the name of the sender, but also the legal name of the enterprise, if the sending is carried out from the company);
• Before writing a claim to a store or other commercial establishment, you should find out the full name of the recipient of the claim or the correct legal name;
• Receipt address;
• An accurate description of the circumstances in chronological order that arose between two persons (individuals or legal entities);
• A description of the violation that was discovered by the sender;
• Description of the negative consequences that will occur for the sender in the absence of a response from the recipient;
• claims of the injured party;
• Links to legal norms that are violated by the recipient;
• Signature and date.

This form of claim is relevant for all types of legal entities or individuals. After the above points, a sample claim to a store or to another category of an enterprise contains a signature and date of completion.

The document can be written by hand or printed on a computer - there are no separate conditions or strict rules regarding writing a letter in the legislation.

If the seller did not want to return the goods, you should draw up.

How is the claim process carried out?

The claim procedure describes the pre-trial settlement of a dispute in the arbitration process, which includes all legislative norms and rules for negotiating and resolving issues that have arisen. There is a wide list of conditions under which disputes that have arisen must be resolved and regulated exclusively in court (the example of a claim for all items will be the same).

A claim to a store or other institution can be drawn up on the following points:

You can send a claim letter to a banking institution, an insurance company, a store or a service salon (when selling low-quality products or providing services whose quality does not meet the stated standards). It is also important to file a claim against suppliers, buyers (in case of non-fulfillment of obligations assumed by the contract), tour operators, contractors.

What are the time limits for processing a claim?

According to the current legislation, the period for considering a claim is not strictly described in the norms of the law. A clear deadline is set only for relatively certain types of relations (replacement of goods, elimination of a defect, etc.). Differences can be in various categories of law (meaning the reasons for writing such a letter).

The deadline for responding to a claim is often set personally when drawing up the clauses of the contract for the provision of a service or the supply of a particular product. If this is not in the document, then there are several regulations by which you can navigate regarding the time period for considering applications.

Example

For example, the response to a claim (terms) according to the law in the field of transportation should not exceed 1 calendar month. When compiling such a letter regarding violations of the conditions for the provision of communication services, a response can also be expected from 1 month.

For some types of contracts, the norm of the maximum period for resolving a dispute within 5 days is established. For example, the deadline for filing a claim for poor product quality is 14 days. It is at this time that the buyer has the right to return the goods of inadequate quality. Such a deadline for responding to a claim under the consumer protection law is described in the provisions of the consumer protection law.

Consequences for the defendant

For the defendant, a prerequisite is the answer to the claim letter. This must be done even if the described problem or dispute is immediately resolved. The claim, the sample of which establishes the rules for its preparation, must have a response in writing or electronically (for example, by e-mail). If there is no answer, the claimant has the right to regard this as unwillingness to resolve the dispute on a voluntary basis. In case of violation of the deadlines for responding to a claim, the bearer has the right to apply to judicial or other state authorities.

In the response, it is necessary to describe that the claim was accepted (it is necessary to set the date of acceptance and describe the resolution of the dispute). The letter also agrees on the terms for solving the problem (for example, the period for the return of low-quality goods or the provision of services not rendered). Additionally, it is allowed to attach documentary evidence of violations of the described conditions to the claim letter itself or in response to it. The period for consideration of the letter must comply with the reasonable time limits described above.

Claim letter sample

The claim may be based on clauses (conditions) of a previously drawn up agreement. For example, if there is an agreement on the provision of services by the contractor on hand and the terms of execution are also described in it. If you do not want to go to court, you can write this letter. To do this, it is important to know how to write a claim, the sample of which contains the required items.

Please note that the letter can be sent to the recipient in several relevant ways: by e-mail (fax), handed over personally to the director, the owner of the enterprise, sent by courier or mail (registered mail).

Knowing how to write a letter or complaint that has all the information you need will help you avoid lengthy and costly litigation. For the recipient, such acts should be the last warning link before going to court or other government agencies (for example, the tax office or the consumer protection society).

Consumer electronic library

Consumer claim - why is it needed, how to write and how to deliver

,
Head of the Analytical Department of the Association of Consumers of Russia

It often happens that the consumer has complaints about the quality of the purchased goods (to the quality of the work performed), and the seller (or the contractor who performed the work) refuses to respond to his verbal demands. In this case, the consumer needs to draw up a written appeal in which he sets out the essence of his claims and states certain requirements.

Let us dwell in detail on how to properly issue such an appeal, which is usually called "CLAIMS" (or "APPLICATION").

HOW TO WRITE A CLAIM

So, the claim is drawn up in any form, but it is desirable that it contains six main (mandatory) parts:

1 - information about who and who is addressing (by analogy with a regular postal item);
2 - information about the purchased product, ordered service (work);
3 - the essence of your claims to the product, service (work);
4 - requirements with which you apply to the seller (executor);
5 - list of attachments to the claim;
6 - consumer's signature and date.

Now let's take a closer look at the execution of each part of the claim.

Part 1. At the beginning of the appeal, you must specify:

1. To whom it is addressed, for example: General Director of Molotok LLC Ivanov P.P.
If the surname of the head is not known, it is enough to indicate the following: the head of Molotok LLC.
2. From whom the claim is filed: last name, first name, patronymic, contact phone number, postal (or e-mail) address to respond to the claim.

Part 2. Information about the purchased product, ordered service (work)

The following must be reported about the product in the complaint:

- what product was purchased (its name, brand, article, other distinguishing features);
- cost of goods;
- date of purchase (usually indicated on a cash or sales receipt or other document);
- if necessary, information on the warranty period established for the goods is indicated (a warranty card is attached to the claim).

The claim must provide the following information about the work performed:

Work description;
- the number of the contract and the date of its conclusion;
- the date of performance of work or the date of signing the act of acceptance and transfer of the result of the work performed;
- cost of work;
- if necessary, indicate information about the warranty period for work - it is usually indicated in the contract or in an act or other document issued by the contractor to the consumer after the work is completed.

Part 3 The essence of claims to the product, service (work)

In any form, you need to state your claims to the product or service (work). For example, report that the product has a defect (describe this defect in detail), or notify that the work was performed in violation of the deadline established by the contract, or other violations of your rights were committed.

Part 4 Requirements for the seller (performer)

The claim must state specific requirements: replace a low-quality product, discount the product, return the amount paid for the product, eliminate deficiencies, compensate for losses, pay a penalty, etc.

The claims made must be justified and comply with the law, for example, articles 18 or 29 of the Consumer Protection Law. Therefore, in a claim, it is advisable not only to list specific claims to the product (work or service), but also to refer to the norms of the law, which may be the basis for presenting these claims.

If you require compensation for losses, you must attach copies of documents confirming the amount of damages caused to the claim, and if you require payment of a penalty, justify its amount by making the necessary calculation.

It is possible to include in the text of the claim a warning about the subsequent appeal to Rospotrebnadzor or the court to protect their rights if the seller refuses to voluntarily satisfy the consumer's claim.

Part 5 It is necessary to indicate the copies of which documents are attached to the claim.

Such documents, depending on the situation, can be: a sales or cash receipt, a warranty card, an agreement, an act of a warranty workshop or service center, an independent examination report, etc.

Part 6 At the end of the claim must be the last name, first name, patronymic of the consumer, his signature and date

HOW TO SUBMIT A CLAIM CORRECTLY

The claim can be handed over personally, having arrived at the store (or the office of the contractor, manufacturer, etc.). One copy of the claim must be given to any official, such as an administrator or lawyer - if you are dealing with a large office or directly to the seller in a small outlet. Remember, the head of the organization is not personally obliged to accept the claim!

On the second copy (it must remain with the consumer), it is necessary to receive a mark of acceptance of the claim, which usually includes: the signature of the person who accepted the claim, its transcript (last name, first name, patronymic, position), date of acceptance, seal or stamp (of a legal entity or individual entrepreneur). The presence of a seal (stamp) on a claim is not necessary - the courts, in most cases, consider the fact that the claim was served without it as proven.

The claim can be sent by regular mail (or telegram). It is necessary to send a letter with a claim by registered mail with acknowledgment of receipt and with an inventory of attachments (make an entry in the inventory - a claim with such and such requirements. For example: a claim with a requirement to replace the goods).

The "path" of the letter is easy to follow using the Internet resource http://info.russianpost.ru/servlet/post_item. Here you can find out the date of delivery of a registered letter to the addressee by the identification number indicated in the receipt. A printout from this site is accepted by the courts as evidence of the fact (date) of the claim.

The text of the sent telegram must be certified by mail and kept together with the notification of its delivery.

Documents received from the mail (receipt, inventory of attachments, notice of delivery) must be kept - they will be proof that the addressee has received your claim.

So, in order for the claim to be drawn up correctly, it is necessary to follow the following simple rules:

- it should be clear from the text of the claim: who, from whom, why and what is required;
- the claim must be prepared in two copies;
- you need to have confirmation that the claim was received by the seller (executor), indicating the date of its receipt.

WHY YOU SHOULD WRITE A CLAIM

A pre-trial written claim against the seller (executor) is not mandatory - by virtue of the Law "On Protection of Consumer Rights", the consumer has the right to immediately go to court. But still, it is very important to contact the seller (or contractor) with a pre-trial claim - the legislation in this part has some features that you need to know about.

Consider example 1.

Let us assume that the deadline for the fulfillment of the obligation by the contractor established by the contract is violated and the consumer, guided by Art. 28 of the Law "On Protection of Consumer Rights", verbally announced the termination of the contract and demanded a refund.

The contractor ignored the requirements of the consumer, did not return the money within the period established by law. The consumer is forced to apply to the court with a statement of claim, in which, among other things, he demands to pay him a legal penalty for violating the deadline for the return of funds.

But the court "trusts" only the documents, i.e. he needs proof. And the consumer will be obliged to present such evidence to the court - documents confirming the fact that the requirement was actually presented to the contractor and the date when it was accepted by the contractor. Such evidence will be a written pre-trial claim.

But if the fact of making such a demand is not considered proven - due to the fact that the claims were presented orally, then the court will not have grounds for collecting a penalty.

Consider example 2.

The Law "On Protection of Consumer Rights" provides for the responsibility of the seller (executor, etc.) for the refusal to voluntarily satisfy the requirements of the consumer - for such a refusal, the court collects a fine from the defendant in favor of the consumer.

Suppose a product was purchased, in which defects were found. The consumer verbally demanded a refund for this product, but was refused. Thinking, the consumer nevertheless went to court and won the case. But by a court decision, he was able to return only the amount that he paid for the goods. And if the pre-trial claim was correctly written and delivered, the court would also award the consumer a penalty (1% of the value of the goods for each day of delay in the return of funds) and a fine of 50% of the amount awarded in favor of the consumer - for refusing to voluntarily resolve the case in due course.

For example:
The product was purchased for 10,000 rubles. The seller violated the deadline for the return of money by 100 days, in confirmation of this, the consumer presented a submitted claim.
Let's calculate the penalty: 10,000 rubles. x 1% x 100 days = 10,000 rubles.
So, the court awarded the consumer: the cost of the goods (10,000) + penalty (10,000), i.e. 20 000 rub.
In addition to this, the court exacted a fine from the seller: (50% of the amount awarded): 20,000 rubles. x 50% = 10,000 rubles.

Thus, if the consumer wrote a pre-trial claim and delivered it correctly, then, on the basis of a court decision, he could receive 30,000 rubles.

FOR REFERENCE

In some cases, the pre-trial procedure for filing claims is mandatory. For example, such as a dispute arising from a contract for the carriage of passengers, baggage and cargo, from a contract for the sale of a tourist product, a contract for the provision of communication services, and a number of others.

CONCLUSIONS

Despite the fact that filing a pre-trial claim in most cases is not mandatory, we recommend that the consumer use this path in order to document the legally significant facts necessary for further consideration of the case in court.

The absence of a pre-trial claim properly executed and handed over to the seller may complicate the course of the trial, and in some cases make it impossible to recover a penalty and (or) a fine in favor of the consumer.
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