BN66 - Time to fight back: Continued

[DonkeyRhubarb]

A mate, also a member here, just 7 days after receipt of the CNs received a "Notice Warning of Legal Proceedings which went:

You must make payment in full by x date (where x date was 22 days after the date of the CNs!!!)

If you do not I will start distraint action against you. This means that I will seize your possessions and later arrange to have them sold at public auction. The proceeds from the sale will be set against the debt and the costs of the action.

As previously stated, issuing Distraint Notices is a cockup by the local tax offices. Apparently they are meant to tick a box which delays the collection process until after the appeals period.

If you get one of these, contact MP and they will put the tax office right. So far in every case this has happened, HMRC have aplogised profusely and called off the dogs.

[ContractIn]

general rant

Hi all

Things that are bugging me:


1) What if I have been sent a CN but somehow it got lost in transit. What would HMRC's next step be?

2) Why have we not heard about the JR appeals process? I thought that this had to be done within 3 months of the legislation taking effect?

3) What are other parties impacted by BN66 doing about it i.e. PwC, KPMG etc

Anyway, back to work

[MuddyFunster]

...and issuing distraint notices where action starts 22 days after issuance of the CN is down to monumental incompetence

[Emigre]

...and issuing distraint notices where action starts 22 days after issuance of the CN is down to monumental incompetence

Another blatant attempt to breach our human rights

[Emigre]

Hi all

Things that are bugging me:


1) What if I have been sent a CN but somehow it got lost in transit. What would HMRC's next step be?

2) Why have we not heard about the JR appeals process? I thought that this had to be done within 3 months of the legislation taking effect?

3) What are other parties impacted by BN66 doing about it i.e. PwC, KPMG etc

Anyway, back to work

1) was discussed at length a while ago

2) MP have applied for a JR; we are waiting for a date to be set by the Court

3) Apparently nothing. Strange when Glenn Whiting, head of tax at PwC was so clear about the illegality of retrospective taxation. The head of tax at E & Y was equally clear. Clearly don't want to slow down their knighthoods...

[BrilloPad]

I've now received details of four amended tax returns for 2003-2006, I presume these are closure notices, three just say that I had omitted my partnership income and show my updated calculations.

One thing that confuses me is that it states:-

Your return is amended as follows:

Your SA before enq was X tax was due.
My Amedment results in a Y increase in tax due.
The ammended SA is now X+Y Due.

And then at the bottom of the letter it has a figure showing the total now due on my SA Account. However this figure seems to include all of the X figures from above which I'm guessing I have already paid!?

Also the letter for year ending 2003 is in a different format to the other three!

I've forwarded them all to MP, but does somebody have the correct phone number for NW/TQ?

Of course you did neglect to say that you only sent them in very recently!

I do wish NW/TQ could be given a bit of a chance......

[poppy01]

...and issuing distraint notices where action starts 22 days after issuance of the CN is down to monumental incompetence

I imagine receipt of such notice might result in considerable worry and mental distress, what if someone was on the edge and received such a notice. Suicides could result from this kind of 'mistake', they should be brought to book for it

[BrilloPad]

I imagine receipt of such notice might result in considerable worry and mental distress, what if someone was on the edge and received such a notice. Suicides could result from this kind of 'mistake', they should be brought to book for it

Without backup - then yes. But we have montp on the case which should give everyone great comfort.

[ContractIn]

1) was discussed at length a while ago

2) MP have applied for a JR; we are waiting for a date to be set by the Court

3) Apparently nothing. Strange when Glenn Whiting, head of tax at PwC was so clear about the illegality of retrospective taxation. The head of tax at E & Y was equally clear. Clearly don't want to slow down their knighthoods...

1) Was it discussed on what your rights are? Would HMRC accept that you did not receive and re-issue or would you get the 5% penalty applied as you have not appealed or paid? and how would you get notified, do they follow up to say that they have not received a payment or an appeal notice?

2) OK this must have slipped past me as wasn't aware that MP have actually applied. Good news

3) Something smells fishy

Thanks for the responses

[DonkeyRhubarb]

3) Something smells fishy

PwC and KPMG were heavy promoters of property schemes. It is rumoured that they have been warned off getting involved in any challenge, for risk of reprisal (losing public sector contracts etc.).

I don't know where that leaves their former clients but presumably up the creek without a paddle.