BN66 - Time to fight back (Chapter 3)

[BrilloPad]

Lurker coming out of the shadows at last ! I've been with MP since 2002 and have now received and sent CN's to MP.

I'll have enough equity in the house to cover the tax and i recall a poster awhile back saying that it's possible that if thats the case then the tax office will accept taking out a second charge on the property to cover the amount. Is this correct as this is probably my only option bar selling the property.

One other point is that if the JR does fail then is that the end of the matter -i.e baliffs will turn up the next day. If HRMC can appeal if they lose do we have that recourse as well - probably not i'd guess !

Thanks and keep up the good work - this thread really does help !

Thank you for de lurking

[BrilloPad]

Just heard a little whisper that someone at HMRC has admitted to not following procedures. very reluctantly though.

I do hope that montp make a formal complaint about this!

I doubt it will stop the bully boy tactics happening again : mind your backs.......

[TAF4]

Recession

I don't post often but I do keep up with the reading. Many thanks to you all.
I thought I would post some details of my current position which I guess will be fairly typical.
I was torn between not wanting to add to MontP's workload by pestering and nervous about whether my CN's (100k plus) had been appealed. I caved in and made the call yesterday to be advised that the appeals were lodged on 13Jan. An email would have saved me and them the call, and my 'Finance Director's' nervous state would have been eased a little sooner.
Regarding ability to pay. Our home (60% equity) has lost 30% of value. My pension fund has lost 65k and the annuity rates available have reduced from 9% to 3% in the last 10 years. How the hell can you fund to keep up with that! My ISA's have lost 8k and my wife's bank shares have gone from 25k to 3k in the last 12 months.
This is a bit like being on the Titanic as she goes down, in the knowledge that whatever lifeboat I manage to get into will be holed by Hector at some point in the future.
I still think we can win this however so I continue to search for a working lifeboat.

[DonkeyRhubarb]

One other point is that if the JR does fail then is that the end of the matter -i.e baliffs will turn up the next day. If HRMC can appeal if they lose do we have that recourse as well - probably not i'd guess !

Hi, and welcome. Can't answer your question about charge on your property but as to your other point above...

I can't see any of the players letting it drop that easily, especially the big guys like KPMG and PwC. If HMRC get away with this then it's effectively the death of "tax planning". I'm sure they will take it to ECHR.

[robinhood]

Hi, and welcome. Can't answer your question about charge on your property but as to your other point above...

I can't see any of the players letting it drop that easily, especially the big guys like KPMG and PwC. If HMRC get away with this then it's effectively the death of "tax planning". I'm sure they will take it to ECHR.

Thanks - well lets hope so but that could take a year or 2. I can't see HRMC hanging around waiting for that

[Squicker]

I can't see any of the players letting it drop that easily, especially the big guys like KPMG and PwC. If HMRC get away with this then it's effectively the death of "tax planning". I'm sure they will take it to ECHR.

Hi

Please can you clarify the above? Is it your view that in the event the JR is lost by MP there is recourse to a higher court by MP or other parties?

Thanks

[Squicker]

I can't see any of the players letting it drop that easily, especially the big guys like KPMG and PwC. If HMRC get away with this then it's effectively the death of "tax planning". I'm sure they will take it to ECHR.

Hi

Please would you clarify the above? Is it your view that in the event of MP losing the JR, they and\or other parties have recourse to a higher court? My understanding, which is not great, is that is what the JR is for; to iron out legislation conflicting with higher legislation.

Thanks

[bombaycat]

Hi All, been lurking for a while given they turned up at my house today i thought i'd share my thoughts with you.

You're probably not ready to laugh about this yet, but when you are this little story from a friend of mine made me roar with laughter.

He is a plumber/builder type and had not paid poll tax (years ago obviously), his mother had just died of cancer after a 5yr battle after losing his dad shortly before to cancer. He was an only child in his early 20's living in his parents council flat. So bailiffs turn up for poll tax, he says come back later so they agree to go away for a couple of hours. He calls his scaffolder mates from the site he's been working on. Bailiffs duly return huffing and puffing and acting like they are hardnuts and he opens the door and invites them in. The bailiffs walk into the living room to see and half a dozen burly scaffolders, with scaffold poles in hand, sitting on the sofa waiting for them. The bailiffs turn tail and run so fast that they fall down the stairs of the council block - they never returned. The scaffolders (I'm assured) weren't actually going to do anything it was just a laugh to see what would happen - while I don't condone actual violence, I do like bullies to get their comeupance!

The Cat

[BrilloPad]

You're probably not ready to laugh about this yet, but when you are this little story from a friend of mine made me roar with laughter.

He is a plumber/builder type and had not paid poll tax (years ago obviously), his mother had just died of cancer after a 5yr battle after losing his dad shortly before to cancer. He was an only child in his early 20's living in his parents council flat. So bailiffs turn up for poll tax, he says come back later so they agree to go away for a couple of hours. He calls his scaffolder mates from the site he's been working on. Bailiffs duly return huffing and puffing and acting like they are hardnuts and he opens the door and invites them in. The bailiffs walk into the living room to see and half a dozen burly scaffolders, with scaffold poles in hand, sitting on the sofa waiting for them. The bailiffs turn tail and run so fast that they fall down the stairs of the council block - they never returned. The scaffolders (I'm assured) weren't actually going to do anything it was just a laugh to see what would happen - while I don't condone actual violence, I do like bullies to get their comeupance!

The Cat

At least they did not do the scene from the full monty.......

[DonkeyRhubarb]

Hi

Please would you clarify the above? Is it your view that in the event of MP losing the JR, they and\or other parties have recourse to a higher court? My understanding, which is not great, is that is what the JR is for; to iron out legislation conflicting with higher legislation.

Thanks

As far as I'm aware, there is nothing stopping the losing party from appealing against the decision of the High Court. I'm sure HMRC will do this if they lose.

I can't recall the details but I read recently of a case which was lost in the UK courts (High Court/Court of Appeal/HoL), and then over-turned on appeal by ECHR.

Incidentally, if my sources are correct, another scheme promoter Steed are considering bypassing the UK courts altogether and proceeding directly to ECHR. Their Counsel are advising that this may be quicker and produce a more favourable outcome.