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BN66 - the road to Judicial Review

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    I will be there, sitting behind Mr YouKnowWho (TM) and breathing down the back of his neck
    'Orwell's 1984 was supposed to be a warning, not an instruction manual'. -
    Nick Pickles, director of Big Brother Watch.

    Comment


      Other retrospection.

      Good luck for Jan 10.

      <rant>
      Pooh. This is a bit different, but it is about retrospection and I am very cross.

      Last December my wife and I separated. I'm a decent bloke and obviously want to support my children (it's not going well, they have ceased to be ours). At the time my income was such that I thought I had to pay 540 a month child support - though I was wrong in that it was actually 560.

      Anyway for the first couple of months it was 1500 I paid, for a few more it was 1400, then 900 for a few as finances started to bite and then I had to reduce it to what I believed (wrongly) was the correct CSA amount. Last 3 months 540 only. (She is in the main house of 5000 sq ft and a few acres - no mortgage and I am in a small townhouse with a huge mortgage - but that is one for the judge)

      Anyway, as it happens I got a bonus a few month ago. About 5k net. She has decided to make a CSA claim. So what the end game? Yep, got it wrong, so from today going forward I must play 560. The error is NOT backdated, is it right that the bonus should also be forward dated? I'm effectively paying CSA on money I've paid. Trying to be decent has simply put me in the position where I've paid about 6k more than I had to - and now have to pay more on money that she has already had. Don't get me wrong. I'm happy to pay the amount, but if I don't get the same bonus next year (unlikely in the extreme) I have to go to a bloody tribunal. Even though my net income is "inflated" for CSA purpose by 350 a month for what I've already paid on.
      </rant>

      Sorry. Not trying to hijack, just a bit cross. Retrospected for a year.

      Comment


        Originally posted by ASB View Post
        Good luck for Jan 10.

        <rant>
        Pooh. This is a bit different, but it is about retrospection and I am very cross.

        Last December my wife and I separated. I'm a decent bloke and obviously want to support my children (it's not going well, they have ceased to be ours). At the time my income was such that I thought I had to pay 540 a month child support - though I was wrong in that it was actually 560.

        Anyway for the first couple of months it was 1500 I paid, for a few more it was 1400, then 900 for a few as finances started to bite and then I had to reduce it to what I believed (wrongly) was the correct CSA amount. Last 3 months 540 only. (She is in the main house of 5000 sq ft and a few acres - no mortgage and I am in a small townhouse with a huge mortgage - but that is one for the judge)

        Anyway, as it happens I got a bonus a few month ago. About 5k net. She has decided to make a CSA claim. So what the end game? Yep, got it wrong, so from today going forward I must play 560. The error is NOT backdated, is it right that the bonus should also be forward dated? I'm effectively paying CSA on money I've paid. Trying to be decent has simply put me in the position where I've paid about 6k more than I had to - and now have to pay more on money that she has already had. Don't get me wrong. I'm happy to pay the amount, but if I don't get the same bonus next year (unlikely in the extreme) I have to go to a bloody tribunal. Even though my net income is "inflated" for CSA purpose by 350 a month for what I've already paid on.
        </rant>

        Sorry. Not trying to hijack, just a bit cross. Retrospected for a year.
        Sorry to hear of your plight, ASB. I've been through all of what you are going through, and took the same position as you re the children. From what you have said it seems that divorce is inevitable. If so, my recommendation to you is to get the court to agree the financial arrangements as fast as possible. It is the only point at which you acquire some degree of certainty about your commitments. It is also unlikely that the court would agree to what seems like a serious imbalance in the split of joint marital assets.

        I appreciate that you want to do the best for your children. Get the legal split agreed first then you can supplement from a position of choice if you so wish.

        Good luck
        Join the No To Retro Tax Campaign Now
        "Tax evasion is easy: it involves breaking the law. By tax avoidance OECD means unacceptable avoidance ... This can be contrasted with acceptable tax planning. What is critical is transparency" - Donald Johnston, Secretary-General, OECD

        Comment


          Taking us for a ride

          DR, is this you? It looks like you...

          http://www.express.co.uk/posts/view/...a-donkey-ride-

          It appears that in the 2008 EU accounts, a number of projects have come to light where tax payers money has been thrown away. The one that caught my eye was this article.

          A donkey is travelling around schools in Europe keeping a journal of the different European identities.

          And our government is worried about tax receipts! Well 6.1 billion quid to the EU on such projects as this seems to be a good starting point to save tax.

          And they say donkeys can't write

          Comment


            Originally posted by ASB View Post
            Good luck for Jan 10.

            <rant>
            Pooh. This is a bit different, but it is about retrospection and I am very cross.

            Last December my wife and I separated. I'm a decent bloke and obviously want to support my children (it's not going well, they have ceased to be ours). At the time my income was such that I thought I had to pay 540 a month child support - though I was wrong in that it was actually 560.

            Anyway for the first couple of months it was 1500 I paid, for a few more it was 1400, then 900 for a few as finances started to bite and then I had to reduce it to what I believed (wrongly) was the correct CSA amount. Last 3 months 540 only. (She is in the main house of 5000 sq ft and a few acres - no mortgage and I am in a small townhouse with a huge mortgage - but that is one for the judge)

            Anyway, as it happens I got a bonus a few month ago. About 5k net. She has decided to make a CSA claim. So what the end game? Yep, got it wrong, so from today going forward I must play 560. The error is NOT backdated, is it right that the bonus should also be forward dated? I'm effectively paying CSA on money I've paid. Trying to be decent has simply put me in the position where I've paid about 6k more than I had to - and now have to pay more on money that she has already had. Don't get me wrong. I'm happy to pay the amount, but if I don't get the same bonus next year (unlikely in the extreme) I have to go to a bloody tribunal. Even though my net income is "inflated" for CSA purpose by 350 a month for what I've already paid on.
            </rant>

            Sorry. Not trying to hijack, just a bit cross. Retrospected for a year.
            If you start a thread in general or PM me I will try to help. As you say, best to keep this thread clean.

            Comment


              Originally posted by SantaClaus View Post
              I will be there, sitting behind Mr YouKnowWho (TM) and breathing down the back of his neck
              Dont forget what you have to do. Just wait until I set off the fire alarms to distract everyone.......

              Comment


                At the moment, 19th Jan is just a provisional date, and we should know more after the Directions Hearing next week.

                Comment


                  Jr

                  Has anyone spoken to MontP about this and established who will be representing us - will it be the same gents hwo did us proud at the original JR request meeting?

                  Do we know what "dirt" we will be presenting to the JR and under what basis? Call me a pessimist but can you honestly se ethe govermnet allowing us to win this....!??

                  Originally posted by DonkeyRhubarb View Post
                  At the moment, 19th Jan is just a provisional date, and we should know more after the Directions Hearing next week.

                  Comment


                    Attendance?

                    What's the view on us attending the hearing?

                    Just an idea; but perhaps we should turn up for a couple of hours so that Hector and the Judge can be reminded that there are real people affected by this, especially if we can get a good turn-out?

                    Comment


                      Originally posted by nuffsaid View Post
                      What's the view on us attending the hearing?

                      Just an idea; but perhaps we should turn up for a couple of hours so that Hector and the Judge can be reminded that there are real people affected by this, especially if we can get a good turn-out?
                      A few of us attended the application hearing in July. These court rooms are not large and they don't permit standing. HMRC had a team of about 10 people there. Then there were representatives from Steed, deGraaf, and PWC. There were only a few seats left! Its important that we have a presence there and maybe we agree to have more people than the court can hold in order to let the court know of the level of interest.

                      Originally posted by ROBIN REDBREAST View Post
                      Has anyone spoken to MontP about this and established who will be representing us - will it be the same gents hwo did us proud at the original JR request meeting?

                      Do we know what "dirt" we will be presenting to the JR and under what basis? Call me a pessimist but can you honestly se ethe govermnet allowing us to win this....!??
                      You're a pessimist.
                      Join the No To Retro Tax Campaign Now
                      "Tax evasion is easy: it involves breaking the law. By tax avoidance OECD means unacceptable avoidance ... This can be contrasted with acceptable tax planning. What is critical is transparency" - Donald Johnston, Secretary-General, OECD

                      Comment

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