Definition:
A letter of formal notice is an official document designed to formally express and communicate to the merchant the dissatisfaction experienced and the expected settlement, such as reimbursement of the purchase made within a given timeframe.
In other words, the letter of formal notice is intended to warn the merchant that you are giving him or her one last chance to resolve the problem before taking legal action.
The demand letter can be sent to all merchants, whether the purchase or rental of the good or service was made online or in person.
In all cases, the aim is to avoid legal proceedings and settle out of court, saving time and money.
Procedure:
Before sending a formal notice, you should first try to resolve your dispute with the merchant. You can do this by communicating with the merchant via his social networks or chat system, or by visiting the branch or giving him a call. The goal is to get in touch with the merchant and try to find common ground. If your dispute concerns a contract cancellation or refund request, you can also send a slightly more formal request.
If you can't reach the merchant, or you're not satisfied, it's time to write a formal demand letter. To help you, we've developed a template. Simply fill in the yellow sections to explain your situation.
(For certain problems related to online purchases, such as an unreceived parcel, you may wish to request a chargeback instead. (See our page for more information)
Use shipping methods that provide proof of receipt, such as registered mail. Keep a copy of what you send.
“I've sent the demand letter, what should I do now?”
Scenario 1: “I sent the letter and reached an agreement with the merchant within the requested timeframe.”
Next step: Celebrate the resolution and put the situation behind you! All's well that ends well!
Scenario 2: “I sent the letter over 10 days ago and I still haven't heard back / I've been turned down.”
Next step: you can take legal action against the merchant. Turn to the Small Claims Division of the Court of Quebec if the sum of money in dispute is $15,000 or less. If the amount is greater, visit the Quebec government website to find out which court will hear your case.
Scenario 3: “I sent the letter and got a quick response from the merchant. He wants to settle the situation out of court, but it will take longer than I asked.”
Next step: Only you know how open you are to negotiation. Amicable settlement is always to be preferred, so you might want to have a chat with the merchant and find some common ground.
Good to know:
- The letter of formal notice must specify the time limit within which you require the situation to be resolved. The law doesn't stipulate a specific deadline, as long as it's reasonable in the circumstances. It's up to you to decide!
- The settlement period you specify in the letter will begin as soon as the merchant receives it.
- A letter of formal notice is sometimes mandatory in legal proceedings.