Hi Porridge, Write into the Tribunal giving your name reference number and NI number. Then head the letter 'Request for Directions' Dear Sirs, My appeal was lodged on [date]. I have not received the Appeal Papers (Response) which I should have received on [1 month later date.] DWP have failed to meet their obligations. The 'overriding objective' has not been met; DWP have caused delay, and consequently do not appear to be co-operating with the Tribunal in accordance with Rule 2 (Tribunal Procedure (First-tier Tribunal) Social Entitlement Chamber) Rules 2008)('TPR')
I would therefore be grateful if you could issue a Directions Notice for DWP to provide the Appeal Papers within the next 2 weeks. I would also ask that the Directions Notice carries a 'strike-out warning' under TPR Rule 8, if DWP fail to comply.
I look forward to hearing from you. Yours faithfully 'Porridge'
The Tribunal may not agree to the Directions, or if they do, possibly not the strike out bit, ( If DWP are given a warning and fail to comply the Tribunal can use Rule 8 to strike out DWP's case. Basically DWP won't be able to present their case if it is struck out!) However it should serve to remind the Tribunal to chivvy up DWP!
Keep a copy and send recorded delivery!
Let us know how you get on!
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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