Client dropped – appeal lapsed?

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  • #22102
    Neil Adamson
    Participant

    CAB submits an appeal on behalf of their client – list of reasons why we should backdate included. Client has of course done all that was asked of them!

    We offer a slightly different view to the rep who agrees they need to consult further with their client.

    They have been attempting to do this for four months with no success. They have now closed their file and are no longer representing their client. Could I consider the appeal to be lapsed or am I still obliged to refer to TAS?

    #6712
    Anonymous
    Guest

    I think you must still refer the appeal to TAS.
    The CAB is, after all, only acting on behalf of their (ex?) client. He has the right to subsequently represent himself, or instruct A.N. Other to act for him. 😉

    It will always be his (her) appeal. 8)

    #6713
    Kevin D
    Participant

    I agree with Jon, with one additional observation.

    When saying that CAB made the appeal “on behalf” of the clmt, is the appeal signed by the clmt? If not, there is no valid appeal.

    Regards

    #6714
    Andy Thurman
    Keymaster

    From Kevin’s point –
    If an appeal isn’t valid/properly made as it is from CAB on behalf of clmt (not signed etc.) [u:769e6f7b3a]but[/u:769e6f7b3a] LA have treated it as being valid, can the LA later change their mind? 😕
    (Not saying this is the case here – just wondering if it was, whether this would make a difference – can an LA get, say, 6 weeks into a process of looking at/requesting info & then say “ooh – just noticed, you haven’t really appealed so we’ll not be doing anything further”?.)

    #6715
    Neil Adamson
    Participant

    Thanks for the input thus far.

    I am most interested in the point Andy has made. I have just notice that the appellant did sign an authority to allow the CAB to act on their behalf and co-signed a letter confirming the intention to appeal. 😳

    But the appeal itself was not signed and I am of the opinion that the signed authority would not be sufficient?

    #6716
    Andy Thurman
    Keymaster

    Neil,
    In lieu of anyone posting an enlightened response to my question (and my solution unless anyone does!), I would probably remedy by helping clmt to make a late appeal, providing a letter for them to sign and return along the lines of:

    [i:c9d514dbb5]Dear LA,
    Please accept this letter as an appeal against the decision…….{date/matter of dispute}

    I would have made the appeal earlier but CAB made an appeal on my behalf and, as this was being looked at, I was not aware that I needed to do anything further myself. As I have now been advised that the appeal by CAB cannot be accepted, please accept this late appeal.[/i:c9d514dbb5]

    It isn’t always advisable to “put words in the clmt’s mouth” but in such circs I would (better than advising them to make a late appeal & explain their reasons when you already know what those reasons are!) 😉

    #6717
    Neil Adamson
    Participant

    That’s where I was heading.

    The original “appeal” was late anyway and we were going to support it.

    Given their history to date I will be most surprised if we get a response.

    #6718
    Neil Adamson
    Participant

    Got myself all confused now!

    The AT 37 contains reasons why you do not consider an appeal to be duly made.

    One option “is signed by third party not authorised to act”.
    This would seem to me to suggest a third party who is organised to act can sign the appeal? ❓

    #6719
    Andy Thurman
    Keymaster

    Not sure – but would think that CAB are not “authorised to act”. Those authorised are covered in D&A Reg 3(1)(b & c). Could be wrong!

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