Terms & Conditions

[Anonymous]

Hi i wonder if anybody has a view on this one

In our request for information letters, we have included a sentence asking the customers to provide the information within a week to speed up the processing of their claims. we have also obviously given a clear indication in the letter that they also have a calendar month to provide the information

our appeals department are saying that by including this sentence about providing information within a week, is bad practice and may cause problems at any future tribunal

i cant see a problem, as we are just encouraging the customer to provide the info so we can process the claim more quickly

what do you think

[Kevin D]

[quote:55017fb578=”sgraham”].. our appeals department are saying that by including this sentence about providing information within a week, is bad practice and may cause problems at any future tribunal[/quote:55017fb578]

I agree with your appeals department. By making reference to a lesser time frame than the statutory minimum, it leaves it wide open for it to be argued it is confusing – irrespective if the “month” is mentioned as well.

Your LA is not alone. A number of LAs deliberately ask for responses within time limits that have no legal basis – most don’t even go on to mention the “month” minimum.

I can’t recall the case reference, but there is a CD (or UTD?) where the “month” was at issue and the LA was heavily criticised for giving a lesser time limit.

[Anonymous]

From a processing perspective I completely understand where you’re coming from.

However as an appeals officer I have to agree with yours. My LA was once criticised by a Tribunal Judge who is now a well know UT judge for giving a 2 week limit on letters. I did tell him though we will always give a month but the 2 week limit was to hurry up the claimants.

I have to say he was not remotely impressred by this argument.

[Author]

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