BN66 - Time to fight back: Continued

[JMK]

To clarify

I think you definitely need to get advice before making a POA.

I have already talked to MP about PoA.

My view now though is that 3% on the PoA isn't enough benefit to make it worthwhile, so I'll be going the CTD route when I get my closure notice.

[BrilloPad]

So says Charmain Brillo of the BN66 thread. What gives you the right to demand people leave "your" thread. I thought this was public forum. I refer you to my post from JUNE where I suggested you create a private forum and even told you where you can do it in 5 minutes for free. http://forums.contractoruk.com/551140-post487.html. You can post a link to it from here so you can get new people and you can personally approve every joiner. Why don't you go and organise that yourself rather than suggesting someone else does it and save us your threatening and abusive posts.

poor Lewis

[DonkeyRhubarb]

I have already talked to MP about PoA.

My view now though is that 3% on the PoA isn't enough benefit to make it worthwhile, so I'll be going the CTD route when I get my closure notice.

Probably a wise move. In any case, if you change your mind at some point, you can probably use the CTD to make a PoA. PoA, on the other hand, is an irrevocable step.

[helen7]

Since the judicial review is the next step, what can really be achieved by it?

English law does not recognize judicial review of primary legislation (laws passed by Parliament), save in limited circumstances where primary legislation is contrary to EU law (see Factortame). Although the Courts can review primary legislation to determine its compatibility with the Human Rights Act 1998, they have no power to quash or suspend the operation of an enactment which is found to be incompatible with the European Convention of Human Rights - they can merely declare that they have found the enactment to be incompatible.

If it is found incompatable what will happen next?

[nuffsaid]

My view now though is that 3% on the PoA isn't enough benefit to make it worthwhile

And combine this with the information that TheGadgetMan found (and neatly translated by DonkeyRhubarb)...

if you file a return showing tax due of £1,000 but you pay over tax of £100,000 the £99,000 doesn't get you repayment interest

There really doesn't seem to be any point in risking POA (when choosing between CTD or POA).
This has made my mind up.

[Hawkwind]

I know peoples circumstances are different and can fully understand why the more cautious amongst us want the level of protection a CTD can offer but is it really worth it?

I would reckon that average most of us will "owe" is roughly £30K per year we were members of the scheme (apologies if this is a low estimate).
Given that HRMC interest rate is 2% or 3% above base rates doing nothing should only potentially cost £1K * number of years in the scheme * number of years a final judgement takes.

This is a price I'm willing to pay to keep full control of my money (I know the CTD does give control but it seems like a hassle to get it back if needed). I would also guess that HMRC came to a similar conclusion which is why their original letter threatened "Jeopardy".

As far as I (and my contacts at MP) know this is an empty threat as it can only be applied to businesses and not individuals. I am a little concerned that the delay in closure notices might be to see how much money is generated and for HMRC to try and take steps to force the rest of us to pay regardless of Appeal but I dont really see how they can do that.

As I've mentioned before I don't have much choice but I still think sitting tight is the best option especially as a new government in 20 months or so might be easier to negotiate with even if we lose (I won't be counting on that though)

[ManureCreek]

So says Charmain Brillo of the BN66 thread. What gives you the right to demand people leave "your" thread. I thought this was public forum. I refer you to my post from JUNE where I suggested you create a private forum and even told you where you can do it in 5 minutes for free. http://forums.contractoruk.com/551140-post487.html. You can post a link to it from here so you can get new people and you can personally approve every joiner. Why don't you go and organise that yourself rather than suggesting someone else does it and save us your threatening and abusive posts.

I couldnt agree more, Lewis. Whilst I have to quite frankly agree that Mal's posts can be spectacularly idfiotic, that show nothing else but bitterness and conceit, I must agree that he is not alone in being idiotic.

To be honest, the spirit of discussion on this board has gone from being helpful in information sharing, to self righteous, self proclaimed QCs who dont know what they are talking about. Everybody wants to know something more than they currently know, but dont want to talk about what the already know, and stinking pesonalities are shining through. Topped with some psychotic threats and maturity of 3 year olds.

I would like to see if these personalities woul withstand the wrath of HMRC if they were selected to be a test case.

[BrilloPad]

I couldnt agree more, Lewis. Whilst I have to quite frankly agree that Mal's posts can be spectacularly idfiotic, that show nothing else but bitterness and conceit, I must agree that he is not alone in being idiotic.

To be honest, the spirit of discussion on this board has gone from being helpful in information sharing, to self righteous, self proclaimed QCs who dont know what they are talking about. Everybody wants to know something more than they currently know, but dont want to talk about what the already know, and stinking pesonalities are shining through. Topped with some psychotic threats and maturity of 3 year olds.

I would like to see if these personalities woul withstand the wrath of HMRC if they were selected to be a test case.

I strongly agree with the bold part - but not your conclusions from it. The bold part will always be the case on a public forum.

EDIT: I would love to see a test case. There were 4 and the HMRC chickened out of them. maybe the closure notices will reopen this.

[ManureCreek]

I strongly agree with the bold part - but not your conclusions from it. The bold part will always be the case on a public forum.

EDIT: I would love to see a test case. There were 4 and the HMRC chickened out of them. maybe the closure notices will reopen this.

Hopefully, your wish will come true and HMRC will select YOU personally for the test case. Would you still be as confident goingn into the ring personally with HMRC? I didnt think so..........funny that.

[Lewis]

poor Lewis

All things considered probably a lot less poor than you my friend.