not duly made and also help with appeal date please

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  • #21479
    Anonymous
    Guest

    Hi

    we have a very difficult clmt who keeps making claims he fails to provide proof of capital and we then adverse inference the claim. He stated during a complaint that he wanted to have a independent tribunal. I wrote to him and explained the rules for appealing, I also spoke to him on the telephone and advised that he needed to identify the decision he is appealing against and the reasons for his appeal.

    We have today received a letter confirming that he wants to appeal “the claim in 2007”. he says that his reason for appealing is that he was not advised of appeal rights at the time.

    I have looked at this and come up with the following:

    decision march 07 – adverse inf, appeal rights clearly given
    decision July 07 (made another new claim) adverse inf, appeal rights clearly given

    claim also made in Nov 07 which he withdrew the same day it was made.

    I am tempted to send this straight to the tribunals service as not duly made, still does not identify the decision or his grounds for appealing.
    Should I do two submissions, one for March 07 and one for July 07 as one is outside 13 months? or just put it all together.

    Advice would be welcome – thanks

    #5352
    aosulliv
    Participant

    As they are two separate decisions, you will need to have two submissions, but they should be relatively easy and quick

    #5353
    Nicky
    Participant

    I’ve always just done just the 1 submission in these cases before and never had a problem with geting them struck out.

    Under the heading “Decision” I’ve just put something like “the authority is unable to identify the decision under appeal” – this helps to concentrate the DC’s mind. In the facts of the case bit, I’ve then listed all the possible decisions the claimant could be appealing (generally those made in the last 13 months). In the final submission part I’ve asked the DC to confirm the appeal as not duly made as we can’t ID the decision appealed.

    #5354
    Anonymous
    Guest

    Tracey, I think vexatious appeals with no obvious chance of success have been discussed on here before. May be worth spending time doing a thorough search

    I think the ombudsman has a view on this and (i think) there may be a circular or 2

    good luck….

    #5355
    markp
    Participant

    I, too, would do as Nicky does as submit the whole thing as unable to identify decision. Have done in the past and listed absolutely every decision between A & B (date mentioned and date of appeal), supplied the letter requesting clarification of decision and that’s about it. Never had one like that accepted.

    FAMOUS LAST WORDS!!!!!!!!!!!!!!!

    Do I know what I'm doing? The jury's out on that........................

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