BN66 - Time to fight back: Continued

[BrilloPad]

I'm beginning to think helen7 is a troll too now.

Does anyone disagree?

[poppy01]

As it happens I know who Mal is and why he posted what he did - I am not allowed to say publicly though!!

I have an idea who you are. But who cares? You are either with us or against us.

I dont think anyone on here trusts montp. I think we look at what they are doing - and while they do everything possible then we support them. Can you suggest anything else they should be doing right now? Apart from more information and that point is debatable....

What I object to is you trusting anyone against montp - especially HMRC. You take whatever they say and believe it. And you try to destabilize others. You will not succeed.

Why dont you STFU and go back to lurking.

I defended helen7 in the past, but recent posting have been a little odd to say the least. I too am not sure what she's up to any more. Seems a bit like a divide and conquer tactic to me. Rest assured though, if the JR goes against us, questions will be asked of Montpelier. Just nows not that time....

I am looking forward to the new letter, it will be forwarded directly to my MP.

[helen7]

My question was quite reasonable.

If we win the JR and the change is deemed incompatible with EHR can HMRC reject the appeal and still demand the money?

[ASB]

My question was quite reasonable.

If we win the JR and the change is deemed incompatible with EHR can HMRC reject the appeal and still demand the money?

Yes, they can. But that is far from the end of the game (unless you want it to be).

"A declaration of incompatibility under the HRA 1998 does not lead to any further remedy for the benefit of a taxpayer. In practice however the possibility of courts granting such declarations may have two effects. Firstly, one might expect that courts will strive to construe statutory provisions to be compatible with the HRA 1998 as far as possible. Secondly, a declaration of incompatibility would inevitably put pressure on the government to amend incompatible legislation. The real purpose of such a challenge will usually be to apply such pressure and, if successful, no doubt the pressure would lead to change. Having said that, it appears to have been common ground between the parties in the IR 35 litigation that the basis upon which the application was made gave rise to a situation where the court would have power to actually disapply the provisions – even though they were primary UK legislative provisions. (See the decision of Gibbs J in the application for permission to apply for judicial review.)"

http://www.tax.org.uk/showarticle.pl?id=519&n=379

[TheBarCapBoyz]

If we win the JR and the change is deemed incompatible with EHR can HMRC reject the appeal and still demand the money?

I was wondering about this, but the other way round. ie if the High Court rules that BN66 is incompatible with the ECHR, is that sufficient grounds for the commissioners to uphold our appeals, [I]regardless[I] of whether the legislation is struck off?

[smalldog]

dont know if anyone else did but I got my remaining year closure notices through the post....thats one mighty big bill, just under the 6 figures....Whats quite weird is Im not actually that stressed about it anymore as I know they have got F*** all chance of getting it from me as I dont have it....they bankrupt me they will probably get about £5k, mind you secondhand sofas have probably dropped in value lately...

[Ratican]

HMRC Troll

Yup. No doubt there is something strange. I think we should try to find out too. If she is an HMRC troll - then we can probably use it to our benefit either now or in the future (when we sue HMRC for harassment, etc).

(S)he has given enough information to find out from MontP if she is who she claims - including details of phones calls, liability, dates, etc..

Anybody up for the task?

[ContractIn]

Does anyone disagree?

I think some of Helen7 questions are legitimate and I do remember Helen7 started a discussion about being investigated whilst with MTM a long time before BN66 was even known about.

She/he is not in the league of malvolio.

[Ratican]

dont know if anyone else did but I got my remaining year closure notices through the post....thats one mighty big bill, just under the 6 figures....Whats quite weird is Im not actually that stressed about it anymore as I know they have got F*** all chance of getting it from me as I dont have it....they bankrupt me they will probably get about £5k, mind you secondhand sofas have probably dropped in value lately...

Actually, it seems like you could be in quite a good position - from what I gather bankruptcy is quite easy on individuals these days and you're not blacklisted for very long. I think you are banned from being a company director for 1 year. Might have to think about this. I would probably rather spend a good couple of nights blowing it in Las Vagas than hand it over. I could put it all on black and if it comes in - pay the bill and avoid the inconvenience. If not they can sing for it.
I wonder what rules HMRC have about this...

[smalldog]

I think some of Helen7 questions are legitimate and I do remember Helen7 started a discussion about being investigated whilst with MTM a long time before BN66 was even known about.

She/he is not in the league of malvolio.

IMHO I think helen has asked some questions that maybe have been answered before etc but nothing I have seen anyway implies she is trying to disrupt the forum etc....maybe just a bit naive at times but hey we all started somewhere on this board and all have different levels of understanding and knowledge....just my two pennies worth, which doesnt necessarily count for much