BN66 - Time to fight back!!!

[kiwinlondon]

If you read the Conde Nast and Fleming case i think you find that the house of lords did over turn the changes made to legislation and they were in breach of EU !!!


http://business.timesonline.co.uk/to...cle3247836.ece

[smalldog]

If you read the Conde Nast and Fleming case i think you find that the house of lords did over turn the changes made to legislation and they were in breach of EU !!!


http://business.timesonline.co.uk/to...cle3247836.ece

just so I am understanding this correctly....the european court of justice overturned the ruling as it was incompatible with EU law? This was then referred back to the house of lords to have the ruling disapplied and amended? If this is the case then that seems to be a possible route for us...This fits with the lords not being able to overturn parliament will acts UNLESS instructed to by the european court of justice with the Lords being the highest court in the land and all that...

is that summary correct??

[ASB]

is that summary correct??

I believe so. Since you are dealing with primary legislation a JR can only focus on whether it breaches EU law and then you can appeal to the ECJ.

Of course it is also possible that you could win a commissioners hearing, it is potentially possible that they find the actions taken do not contravene the finance act as it currently stands in law.

[Hawkwind]

Sorry to post this question again but I think my first attempt got missed due the time delay between a first post being sent and authorised by the administrator, unless people thought it just wasn't worth answering of course.

My question is that for those of us relying on balanced offset mortgages would it be sensible to clear the mortgage now and eventually allow a charge to be taken on the property rather than have to use the offset savings (still nowhere near enough in my case) to pay HMRC and then possibly struggle to pay the mortgage.

The reason I ask is that if we lose (and I have to admit that I am not too optimistic) I'd like to at least keep a roof over my families head if possible.

[smalldog]

Im just waiting for the barrage of comments by certain people (not mentioning any names Mal!) who consider themselves all of a sudden QC barristers rather than IT contractors....

[malvolio]

At least I understand the rules and regs, and the challenges you are facing. You're the ones who aren't listening.

[kiwinlondon]

Actually some of us having taken advice from qualified tax lawyers and therefore know what the options are and whats coming up..... most of which has been kindly put on here for those less fortunate to find out......

[malvolio]

Actually, what I've mostly seen posted on here from the soi disant experts-in-the-know is to leave it all to the supplier who got you in to this mess in the first place, and in 10 years you might get your money back, meanwhile work out how best to fund paying the bill at some point in the interim or take out a CTD.

Keep bitching at me all you like, even when I've deliberately kept off the thread, but I've yet to see anyone disprove what I've been saying. One might almost think you really have a reason not to listen beyond a blind faith in UK and EU Justice.

Carry on, I'll leave you to it. Just keep my name out of it in future, OK?

[smalldog]

At least I understand the rules and regs, and the challenges you are facing. You're the ones who aren't listening.

that didnt take long, come forth the self proclaimed expert....

you really are wasted in the contract game Mal, why dont you sit your bar exams?

[Ratican]

BN66 - Confidence

Hi all. I am new here and would like to thank you all for providing a place for us to communicate and make our [mainly] collective voice heard. I know that a lot of people are very worried about the current situation and it is good if we are supportive and provide help to each other as much as possible. I don't have any legal or tax expertise, but am interested to hear what is discussed and discovered here.

My situation is the same as most others expressed here. Montpelier for 5 years and never expected to be in this position; very annoyed, but philosophical, as much as it is possible to be, about the whole thing.

I am more confident than my accountant that we will win this battle (eventually) and I think we should all try to be as confident as possible. But what is important is to prepare for the worst and the advice and comments here are most helpful - thanks.

I have taken some advice and have some views that I would like to share
here:

1. My Accountant has sensible advice - always answer the revenue promptly. IF they win and do make a demand: get in quick and let them know if you don't have the full amount due. It is not in their interest to bankrupt or take houses. They would rather put in place a repayment structure over a period of time. This makes sense for them.

Remember that HMRC Investigations and Collections are very different. All the inspector wants to do is get a ruling in their favour that tax is due. They will then pass it on to collections and close the file.

2. Montpelier is sticking with us through the process. Let's hope they continue to. They probably didn't expect this to happen either. We probably have to be patient with them. I too have had problems contacting them and, although it is frustrating, we probably need to let them focus and concentrate on sorting this out for us.

3. I spoke with Mr Warr (warr.co.uk) about his ideas related to pushing the tax liability onto agencies. Interesting - but very early days. It will be interesting to see what happens with the clients he is currently working with. Are any of them here?

4. Trying to get Media attention / Setting up a website / etc.
I think that this could be a good idea although it would have to be done properly and very carefully (delicately). It could backfire spectacularly. The British public and popular media could be very happy that "overpaid IT Consultants" could be in line to take a hit from the revenue.

Out of curiosity, was anybody else working through New Media Factory. They went into liquidation at an interesting time. And the very fact that they went into liquidation - given the type of business - seems strange. Anyone got a theory?