Letter for challenging Debt, if all DREs not excepted

This letter has now been added to our DRE pack 

https://haloabletec.blogspot.com/2022/05/disability-related-expenditure-updated.html

Only to be used if genuinely disputed. The letter should not be sent if money is actually owed.

ADDRESS of Authority & person’s name (from letter received)

[DATE]

[REFERNCE NUMBER]

Dear Local Authority Social Care/Finance Department – [NAME]

Dispute of Social Care Charges Owed

I am writing to you with regard to the letter received from you dated [ ]. The letter is asking for a sum of [ ] for charges calculated by yourselves for my Social Care Provision.

Please acknowledge that this matter is in dispute, due to the following Disability Related Expenditures (DREs) which haven’t been deducted from my charges since [start of assessment date].

List of DREs cost of items x by weeks [if relevant].

Should you wish to not accept these DREs please give a written explanation as to why not, considering the items relate to my disabilities, as detailed in the Statutory Guidance of the Care Act Annex C. Please also take this as a Statutory Complaint which I would like investigated, and within the times frames and stages imposed within The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009.

Until such investigations have occurred, I would like the matter to be on hold, any further communications could lead to a potential incident under the harassment of debtor’s provisions under the Administration of Justice Act section 40, as continuous letters without going through the statutory complaints process and legal avenues will potentially cause me distress.

NOTE; DO NOT SEND WITH LAST PARGRAPH WITHOUT APPROPRIATE LEGAL ADVICE

After the investigation if the authority continues to feel the money is owed, I will be happy for you to send me an appropriate county court summons, which I will then institute the right to dispute, via legal representation along the lines of this letter. If successfully challenged this could lead to a claim for legal costs against the authority.

Yours sincerely [if sent to a named person]

[Your name]

[Your address]