Sample Complaints Complaint against threat of legal action used to replace competent management procedures
Ms C. S
Head of Debt Management
3rd October 2008
Dear Ms C. Sheridan,
Further to receiving your letter dated 11th September 08 signed by DPl, I am writing to inform you that it does not reply to my questions and therefore not satisfied.
I have forwarded this issue to the ICE and would like to ask you to consider delaying court action and stopping recovery services and legal services acting against me until the ICE have had a chance to consider the points I raised to them.
I have not received an explanation as to why the DWP instructed recovery services while investigating my complaint.
“I don’t understand why you have instructed debt recovery agencies, threatening to damage my credit record and incur legal costs when I called your office and a complaint was in progress. Why did you not fully investigate my complaint instead of instructing recovery services?”
Ref: Letter to DWP 20.08.08
I have received a Notice of Legal Proceedings from iQuor recovery services and gpb solicitors instructed by iQuor.
I have requested an explanation as to why the Limitation Act 1980 does not apply in this case. The explanation I received is “The limitation legislation does not act as an automatic and complete bar to our taking recovery action. It is a defence to an action brought in a court of law and does not prevent recovery by deduction from benefit at a later date if necessary.”
Ref: Letter from DWP 11.09.08
I have requested the terms and conditions that ruled such loans, a copy of the loan agreement, any relevant and formal information dating from the date the loan was issued but never received them.
All I want is the information requested; what act or laws are they enforcing to void the limitation act?
I believe am entitled to a coherent reply courteously directing me to any laws or acts that may apply in this case instead of bullying me with court action and being the victim of an appalling management and customer services. DWP have waited 10 years to recover the money, and now without providing information as to what laws or rules DWP relies on, DWP would like to take me to court without providing me with this information.
I believe that under the data protection act am entitled to request this information. If it still applies, where are the details I am requesting?
I have forwarded this issue to the ICE and would like to ask you to consider delaying court action and stopping recovery services and legal services acting against me until the ICE have had a chance to consider the points I raised to them.
I hope to obtain an answer to my requests and to avoid premature court proceedings against me.
I look forward to hearing from you.
Yours sincerely,
J