BN66 - Time to fight back (Chapter 3)

[Lazylobster]

Sent the petition link to a few friends and also some other forums.
Nice to see some familiar names now on the list. These are people not affected directly at the moment but understand the seriousness of the issue at hand and the impact further down the line.

LL

[Emigre]

Sent the petition link to a few friends and also some other forums.
Nice to see some familiar names now on the list. These are people not affected directly at the moment but understand the seriousness of the issue at hand and the impact further down the line.

LL

Great work. This is the only real way of spreading the word. Persistence will make a difference. We've made a noise, now we need to make sure they know we're not going to pipe down either!

[poppy01]

Speaking of which, MrYouKnow (TM), will you get a move on with my Data Protection Act request please!

May I also suggest to anyone who hasnt done so, send a request under the Data Protection Act for all records, emails, correspondence that HMRC hold on you. They have to reply within 40 days.

That should keep them busy for a while

I reckon there will be very few if any internal emails regarding individuals within the scheme. because we are and never were real people to them. The only correspondence will probably be the annual letter we received.

I would be more interested in a request for all records, emails and discussions between HMRC and the Treasury regarding the decision to introduce Section 58. What HMRC told the treasury and when, which counsel advised them it did not violate the Human Rights act and correspondence to that effect.

and the petition just went over 600 :-)

[poppy01]

Human Rights

Following on from the previous post I went on the FOI website to see how its done, and our rights are listed there. Check out number 6

Your human rights are:

the right to life
freedom from torture and degrading treatment
freedom from slavery and forced labour
the right to liberty
the right to a fair trial
the right not to be punished for something that wasn't a crime when you did it
the right to respect for private and family life
freedom of thought, conscience and religion, and freedom to express your beliefs
freedom of expression
freedom of assembly and association
the right to marry and to start a family
the right not to be discriminated against in respect of these rights and freedoms
the right to peaceful enjoyment of your property
the right to an education
the right to participate in free elections
the right not to be subjected to the death penalty
If any of these rights and freedoms are breached, you have a right to an effective solution in law, even if the breach was by someone in authority, such as, for example, a police officer.

[DonkeyRhubarb]

Would MTM not mail shot all 2000+ clients with the petition details ?

LL

I suggested to WG that they put something in the next circular but never got any response. They wouldn't have to actually endorse the petition, they could just say something like:

"A number of clients have brought to our attention a petition on the No 10 website calling for the repeal of Section 58. We would like to point out that Montpelier is in no way involved with this, and we have no opinion on it one way or the other"

Unfortunately some people at Montp have a closed mindset. They are so convinced they know best, that they won't listen to anything we say.

[DonkeyRhubarb]

FOI Request

I would be more interested in a request for all records, emails and discussions between HMRC and the Treasury regarding the decision to introduce Section 58.

What do you reckon to this?

With regard to Section 58 Finance Act 2008, HMRC wrote to users of the scheme in May 2007 stating “…HMRC now intends taking a number of representative cases forward for hearing before the Special Commissioners…”

There must have been a decision process at some point between May 2007 and March 2008, when Budget Note 66 was published, which changed this strategy. I would like to request copies of all internal memos, minutes of meetings, correspondence and any other documentation which (a) relate to this decision process or (b) discussed the measure proposed in BN66.

[poppy01]

love it!

[DonkeyRhubarb]

Comments Please

I have split the one mentioned earlier to give 2 bites at the cherry.

As I have already submitted 2 previous requests, does anyone fancy volunteering to submit FOI requests? You can do it on-line and it only takes a couple of minutes. Email me if you are willing.

1) Test cases
With regard to Section 58 Finance Act 2008, HMRC wrote to users of the scheme in May 2007 stating “…HMRC now intends taking a number of representative cases forward for hearing before the Special Commissioners…”

There must have been a decision process at some point between May 2007 and March 2008, when BN66 was published, which changed this strategy. I would like to request copies of all internal memos, minutes of meetings, correspondence and any other documentation where the decision not to proceed with the test cases was discussed.

2) BN66
With reference to Section 58 Finance Act 2008, can HMRC supply copies of all documentation, between March 2007 and March 2008, where the measure proposed in Budget Note 66 was discussed, including memos, minutes of meetings, internal correspondence, correspondence with the Treasury etc.

3) Risk assessment
In respect of Section 58 Finance Act 2008, the imposition of backdated tax demands would inevitably lead to some people facing severe financial difficulties. Can HMRC confirm if any risk assessment was undertaken to determine the impact Section 58 would have on the users of the scheme. In particular, did HMRC or any other Government agency/department produce any estimates of the number of users who might be forced into bankruptcy? If such an assessment was commissioned, please can you supply a copy of the report.

[SantaClaus]

Looks like Vincent Cable just signed our petition.

Keep up the good work guys and gals! And if you havent signed or written to your MP to sign, what are you waiting for?

[DonkeyRhubarb]

Vince Cable

Looks like Vincent Cable just signed our petition.

Keep up the good work guys and gals! And if you havent signed or written to your MP to sign, what are you waiting for?

I am trying to confirm if it's for real.