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I was at Court this morning and have sent a detailed update to DR to edit and put into the Opening Post on this thread. It will be with you shortly.
There are strong reasons for the decision or perhaps more resonably why the judge could not find in our favour. This was only ever going to be the start. It still is. There will be more hard work and more beliefe needed and that will go on for at least another 12 months.
Go take that cup of tea or something stronger, feed the cat, and get set for the long haul.
The judge stated that we could have brought proceedings to a close by requesting a Closure Notice at any point.
However, he is forgetting that 4 people did have closure notices and their cases were being brought forward to the special commissioners.
The retrospection then stepped in.
Surely there is a legitimate expectation that once CN's have been issued the cases will go forward to the commissioners and not be overriden by retrospective legislation. And further to this at any retrospection would not affect those lumped in with the 4 cases scheduled for the commissioners? Wasn't that the precedent set by Padmore?
There is also no mention of the Suo Motu settlement and how a select bunch of taxpayers got advantageous treatment. Presumably that isn't a breach of our rights - it is the fact we were never offered the same terms.
This is not a crisis. Panicking and bouncing off walls for the next few hours will only take you back to where you started.
The JR was not the start nor the end of this. Yes, it may all sound doom and gloom but consider this:
There will be an appeal
There will be an appeal to hold off on collection
They cannot just turn up, take the lot and leave you on the street - that IS a breach of your Human Rights
Bankruptcy takes time. Application to a court, 12 months before the Order can be invoked.
The JR was about Human Rights. This is not the only point of contention and never was. There are other hearings related to BN66 going on (March??).
This is a time to re-group, focus and take a moment for the next steps to be architected. I suggest we take a moment to pause, stop turning inwards, having a go at MTM, claiming the Judge was got at and all the other negatives.
I know it's numbing and very scarey at the moment, but nobody ever survived a crisis by whipping it up further.
There are plans afoot. Remain focussed. Have faith.
For the sake of those who have put so much into this campaign, don't do them the injustice of running scared, finger pointing or otherwise pull this community apart at the seams.
Hear hear. Cup of tea from my Keep Calm And Carry On mug and the world seems clearer than it did an hour ago.
Everyone on this forum knows that, had we won round 1 today, HMRC (Hello MrYouKNowWho) ) would have appealled it and we would have been no closer as individuals to a conclusion.
Originally posted by Tax_shouldnt_be_taxingView Post
Folks,
This is not a crisis. Panicking and bouncing off walls for the next few hours will only take you back to where you started.
The JR was not the start nor the end of this. Yes, it may all sound doom and gloom but consider this:
There will be an appeal
There will be an appeal to hold off on collection
They cannot just turn up, take the lot and leave you on the street - that IS a breach of your Human Rights
Bankruptcy takes time. Application to a court, 12 months before the Order can be invoked.
The JR was about Human Rights. This is not the only point of contention and never was. There are other hearings related to BN66 going on (March??).
This is a time to re-group, focus and take a moment for the next steps to be architected. I suggest we take a moment to pause, stop turning inwards, having a go at MTM, claiming the Judge was got at and all the other negatives.
I know it's numbing and very scarey at the moment, but nobody ever survived a crisis by whipping it up further.
There are plans afoot. Remain focussed. Have faith.
For the sake of those who have put so much into this campaign, don't do them the injustice of running scared, finger pointing or otherwise pull this community apart at the seams.
I, for one, thank you for this. While I remain numbed and totally sh1t scared your practical take on today's events do remind me that we still have a long way to go and not to dispair. Let's keep fighting this! After all, what's the alternative...?...
Lord Clyde in 1929: ‘No man is under the smallest obligation, moral or other, so to arrange his legal relations to his business or to his property as to enable the Revenue to put the largest possible shovel into his stores. The Revenue is not slow to take every advantage which is open to it under the taxing statutes for the purpose of depleting the taxpayer’s pocket. And the taxpayer is entitled to be astute to prevent, so far as he honestly can, the depletion of his means by the Revenue.’
Originally posted by Tax_shouldnt_be_taxingView Post
Folks,
This is not a crisis. Panicking and bouncing off walls for the next few hours will only take you back to where you started.
The JR was not the start nor the end of this. Yes, it may all sound doom and gloom but consider this:
There will be an appeal
There will be an appeal to hold off on collection
They cannot just turn up, take the lot and leave you on the street - that IS a breach of your Human Rights
Bankruptcy takes time. Application to a court, 12 months before the Order can be invoked.
The JR was about Human Rights. This is not the only point of contention and never was. There are other hearings related to BN66 going on (March??).
This is a time to re-group, focus and take a moment for the next steps to be architected. I suggest we take a moment to pause, stop turning inwards, having a go at MTM, claiming the Judge was got at and all the other negatives.
I know it's numbing and very scarey at the moment, but nobody ever survived a crisis by whipping it up further.
There are plans afoot. Remain focussed. Have faith.
For the sake of those who have put so much into this campaign, don't do them the injustice of running scared, finger pointing or otherwise pull this community apart at the seams.
Well said, my initial reaction I admit was to call hmrc and try to come to terms. But we should also remember, even if todays judgement had gone our way, we still wouldnt have had closure, HMRC always intended to appeal.
I for one will just keep saving and hoping for the best. Let MP do their job.
[Tinfoil hat moment]
Please remember that there may well be HMRC staff posting on here trying to precipitate some of you into settling.
[/Tinfoil hat moment]
If you have access to money, but aren't totally convinced all is lost then you could put it in a CTD as a half way house measure.
Once you pay up to the likes of HMRC getting it back could easily take many more years.
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