What is a Letter of Complaint “LOC”?
A letter of complaint is generally the last letter sent to the opponent when delivering a claim to an adjudicator (not a court). It is sent before commencing the complaint and is a final demand which formally reminds and requests the opponent to satisfy demands before escalating the matter or taking some other form of action. This letter of complaint should detail and convey all the necessary information to the opponent so that they can properly consider the complaint which ought to give them every opportunity to fully understand the position being adopted.
In drafting a LOC assert the reasons why a complaint should be considered, the damages being claimed and applied interest, setting out the reasons why the opponent is liable to pay. Further, explain the risks the opponent will attract should they fail to satisfy the complaint, and any other adverse impact, should the matter need to be escalated, for example, the impact of county court judgments and registration of those judgements should the debt not be paid by a deadline.
Ensure the opponent fully appreciates the form of your complaint and the consequences of not complying with it. It goes without saying the adjudicator will eventually read the LOC and should it be authored correctly, and the points raised in a logical way, costs are protected. This protection could offer a consumer benefits from elevated costs awards as the consumer has been proportional and given the opponent every opportunity to act reasonably.
One should point out, litigants who do not act reasonable run the risk of being punished by any adjudicator.