BN66 - Time to fight back (Chapter 3)

[DonkeyRhubarb]

Surely this would set a precedent and would be 'End Game' for HMRC ?

I suspect they would just try and blame it on an admin mistake. You would need a few like this to show a pattern of inconsistency.

The deals they did with SuoMotu and ir35amnesty are much more damning.

[poppy01]

I suppose HMRC could claim it was an administrative mistake but nevertheless if this is true it wouldn't look good.

On top of the SuoMotu deals, and deals done through ir35amnesty, it all builds up to paint a picture of an organisation that didn't have a clear strategy for dealing with the scheme.

What amazes me is why HMRC would want this going anywhere near a courtroom. Don't they realise it is going to make them look like utter bungling idiots?

I think their strategy from the start has been to ensure it DOESNT go near a court (Retrospection, JR refusal etc..) . If we get denied the JR at the verbal presentation stage where do we go from there. I guess we can still fall back on the ECHR action? or is that something that could also still be denied us? does the 'top 4' promoter also have to get permission to continue to the ECHR?

[DonkeyRhubarb]

I think their strategy from the start has been to ensure it DOESNT go near a court (Retrospection, JR refusal etc..) . If we get denied the JR at the verbal presentation stage where do we go from there. I guess we can still fall back on the ECHR action? or is that something that could also still be denied us? does the 'top 4' promoter also have to get permission to continue to the ECHR?

It is imperative that the Montpelier case is heard. The other promoters like Steed and deGraaf didn't start up until 2004/5, so their treatment doesn't look anywhere near as outrageous.

It is only the history of the Montpelier scheme which fully exposes the shambolic handling by HMRC.

They have dug themselves into a very big hole, and they are now caught between a rock and a hard place. After manipulating Parliament to get the legislation they can't back away from it now. On the other hand, open court is the last place they will want to be.

When all the letters start arriving, I wonder if the Government will finally begin to realise that they've been well and truly stitched up by HMRC.

[normalbloke]

I think their strategy from the start has been to ensure it DOESNT go near a court (Retrospection, JR refusal etc..) . If we get denied the JR at the verbal presentation stage where do we go from there. I guess we can still fall back on the ECHR action? or is that something that could also still be denied us? does the 'top 4' promoter also have to get permission to continue to the ECHR?

If you read the last circular from MP, there are two distinct ways they are challenging this; the JR is one and the other is explained in the second half of the letter.

[bombaycat]

So Timms colluded with the chairman of Ovum to bring in IR35 then. Wonder if this can be used in any way as it sounds like Timms is hell-bent on destroying the independent IT contractor market.
No wonder he's all for BN66!

"The presence of independent consultants in the market is resented by larger consultancies because they are more cost competitive and larger companies tend to lose skilled employees who are attracted to selling their skills and knowledge on an independent basis. In his report for the year ended 31st December 1997, Stephen Dawson, Chairman of Ovum Holdings Limited complained of the difficulty of recruiting and retaining skilled staff.

...

Implementation of the IR35 amendments is likely to diminish this problem and therefore indirectly benefit Mr Timms. "

...who was it that said conspiracies were not as common as people think?...not so sure myself after reading this, what a total sleaze-bag.....

how do these people look at themselves in the mirror? It is a sorry tale.

[Toocan]

...who was it that said conspiracies were not as common as people think?...not so sure myself after reading this, what a total sleaze-bag.....

how do these people look at themselves in the mirror? It is a sorry tale.

It is laws like this that has reduced the competative ability of the UK. Let's make sure everyone knows about this. "They" have removed the jobs they don't like, and soon they will realise that there are none that they do like...

[DonkeyRhubarb]

MPs are on holiday this week

So many may not respond to the letters for a week or two.

Thus far, I have sent out approx 160 copies of the letter. Many have promised to forward on to others.

I have also sent out about a dozen followup letters where MPs had requested more information.

[SLB]

De-lurking

Hi All,
I've been following the threads for a several weeks now so it's about time I de-lurked. I don't have anything new to add to all the comments that have already been posted about the disgraceful nature of the retrospective legislation, as I think most of it has already been said. Although it always helps reading them and knowing that others are in the same boat and feel just as strongly about it.

Something that has been said many times already though and does need saying again is......HUGE THANKS to DR and BP for all their tireless work in absolutely everything, especially finding new angles for us to combat this with - before reading these posts I didn't know anything about SuoMoto or the deals HMRC had done with them.

As for myself, I was with Montpelier from 04-07 but I have not yet received a CN. I have sent my DR letter off to my MP, so Edward Davey should have received it by now. I seem to recall from an earlier post that a previous sender was invited to one of his surgeries, so hopefully I might have the chance to add to the cause. Either way, I’ll post the reply here.

[GBHuhd]

Also de-lurking

I've just joined up, received the email from Joan Cuddly so have been on the boards, reading all the posts - some very interesting stuff here. Have sent the letter to my MP, got the standard bumph back saying he has sent a letter to the financial secretary etc etc.

By the way, i was in MP scheme from 2004-2008, but only 2 years worth in that time, but more money than i can pay back....so hoping something comes off to stop this action.

Cheers

[BrilloPad]

Hi All,
I've been following the threads for a several weeks now so it's about time I de-lurked. I don't have anything new to add to all the comments that have already been posted about the disgraceful nature of the retrospective legislation, as I think most of it has already been said. Although it always helps reading them and knowing that others are in the same boat and feel just as strongly about it.

Something that has been said many times already though and does need saying again is......HUGE THANKS to DR and BP for all their tireless work in absolutely everything, especially finding new angles for us to combat this with - before reading these posts I didn't know anything about SuoMoto or the deals HMRC had done with them.

As for myself, I was with Montpelier from 04-07 but I have not yet received a CN. I have sent my DR letter off to my MP, so Edward Davey should have received it by now. I seem to recall from an earlier post that a previous sender was invited to one of his surgeries, so hopefully I might have the chance to add to the cause. Either way, I’ll post the reply here.

many thanks fopr delurking and for writing to your MP.

I note you have left montp : are you now limited?