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MRN decision date given to HMCTS is incorrect
- overchipped
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4 years 4 months ago #254188 by overchipped
MRN decision date given to HMCTS is incorrect was created by overchipped
Hi.
An appeal was made online to HMCTS following the receipt of a MRN - the date of the MRN was stated to be September 10th when requesting permission to appeal. The request to appeal the decision was accepted by HMCTS and a response was created by the Department for Work and Pensions.
The date of the MRN wasa actually September 2nd - this is referenced by the appellant throughout the appeal and accepted to be the date of decision by the Department for Work and Penssions.
This question is simply whether regardless of the merits of the case, it could be thrown out on a technicality; based on the MRN date given on request to appeal being slightly different from the date noted throughout the papers.
I am sure a Department for Work and Pensions representative would be quite content to point out the error which would risk knocking the case back by another few months.
Thanks in advance,
OC
An appeal was made online to HMCTS following the receipt of a MRN - the date of the MRN was stated to be September 10th when requesting permission to appeal. The request to appeal the decision was accepted by HMCTS and a response was created by the Department for Work and Pensions.
The date of the MRN wasa actually September 2nd - this is referenced by the appellant throughout the appeal and accepted to be the date of decision by the Department for Work and Penssions.
This question is simply whether regardless of the merits of the case, it could be thrown out on a technicality; based on the MRN date given on request to appeal being slightly different from the date noted throughout the papers.
I am sure a Department for Work and Pensions representative would be quite content to point out the error which would risk knocking the case back by another few months.
Thanks in advance,
OC
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- Gary
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4 years 4 months ago #254195 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic MRN decision date given to HMCTS is incorrect
Hi overchipped
I have been dealing with appeals for over 10 years and have never know a case to be thrown out on a technically. If you were appealing to the Upper Tribunal then that would be different.
When you appeal a MR decision you have to send in a copy of the MR decision letter with your appeal. You can do out of time appeals which is within 13 months from the initial decision date, so even if you were outside the one month time limit, you would be within the 13 month absolute limit.
If you have any worries contact HMCTS: 0300 123 1142.
Gary
I have been dealing with appeals for over 10 years and have never know a case to be thrown out on a technically. If you were appealing to the Upper Tribunal then that would be different.
When you appeal a MR decision you have to send in a copy of the MR decision letter with your appeal. You can do out of time appeals which is within 13 months from the initial decision date, so even if you were outside the one month time limit, you would be within the 13 month absolute limit.
If you have any worries contact HMCTS: 0300 123 1142.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- overchipped
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4 years 4 months ago #254197 by overchipped
Replied by overchipped on topic MRN decision date given to HMCTS is incorrect
Hi Gary,
Thank you for you the response. I am reassured that it would be unlikely to be thrown out for this minor issue.
The DWP issued two exactly identical MRNs with one dated 2nd September and another 10th September - the latter date was given when requesting an appeal but the former decision date is detailed throughout the papers - it is quite clear there are no other decisions in the appeal pack.
The MRN was not actually sent in, only the date of the decision and the details of the DWP office were provided via the online portal. The decision still falls within the one month time limit and I think the court would be less than impressed if the DWP made issue of this minor detail, but prefer to be cautious.
Thanks,
OC
Thank you for you the response. I am reassured that it would be unlikely to be thrown out for this minor issue.
The DWP issued two exactly identical MRNs with one dated 2nd September and another 10th September - the latter date was given when requesting an appeal but the former decision date is detailed throughout the papers - it is quite clear there are no other decisions in the appeal pack.
The MRN was not actually sent in, only the date of the decision and the details of the DWP office were provided via the online portal. The decision still falls within the one month time limit and I think the court would be less than impressed if the DWP made issue of this minor detail, but prefer to be cautious.
Thanks,
OC
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