Reply To: Is there an appeal?

#9507
petedavies
Participant

Hi folks!

I have been through the identification process and I included a statement on the original sub that the letter of April letter had been treated as a request for a revision. The claimant made no comment regarding this at the time.

My problem now is that he is stating that both the letters were appeals and just because one has been withdrawn, the other must still exist. 😡

The November letter is no problem – it was an appeal, it was treated as such and then withdrawn.

The April letter is more problematic, the result will be the same but I would rather not look a complete idiot…again.

First, do I put the two through on the one sub and simply ask TS to adjudicate on whether or not there is an appeal to be considered (being indolent, my preferred option).

Put them through on different subs:
November: no probs
April: I need to demonstrate that it was not an appeal but how?
Even if it was, it would have lapsed but I do not want to give this guy a chink by appearing to accept the earlier letter was an appeal of any sort.

There is an arguable case that I need do nothing (the matter has been referred to TS and disposed of) and there is no statutory authority for an authority to resubmit an appeal (or is there?). He would then have to progress the matter via JR?