BN66 - Round 2 (Court of Appeal)

[SLB]

In a situation like this it's best not to think too much.

If we had weighed up the chances of success before we started, no letters would have got sent.

For those who still have the will to continue, we are preparing more follow-up letters.

PS.

I'm just off to smash up some concrete posts with a sledgehammer, and I know exactly which organisation I'll be think of every time I swing it!!!

I'm up for more letter sending as I still haven't had a reply from Ed Davey on my original or follow up letter!

[DonkeyRhubarb]

Why the Government might not want to comment

They've already seen what can happen when someone is driven to breaking point - Derrick Bird. This guy appears to have evaded tax; consequently his fury wasn't directed at HMRC but those close to him who wouldn't bail him out. After this he completely lost the plot and lashed out at anyone who got in his way, before turning the gun on himself.

Our situation is completely different to that of Bird. We didn't break the law as it was at the time. HMRC may have disagreed but then they should have tested this in court. However, by their hand, they have put us in virtually the same predicament as Bird.

According to HMRC, around 2500 individuals used this scheme. That is an awful lot of angry/desperate people. Is it beyond the realms of possibility that one of these people could flip like Bird?

If the brown stuff does hit the fan, the Government will want all fingers pointing at HMRC. After all, they voted against it in opposition so why should they carry the can.

However, we shouldn't let them off the hook. They may not be to blame for s.58 but, since it is within their power to do something about it, responsibility now rests with them.

"No comment" is therefore not an acceptable response.

[SleeplessNites]

Response from MP

Just to let you know that my MP has responded to my letter, saying they will be raising the matter with the Chancellor of the Exchequer.

Keep up the good work everyone... you're giving me hope for the future.

[OnYourBikeGB]

IMHO, not at all simplistic or naive.

I think we all knew it was a "big ask" to expect them to repeal at this stage. I always said this was a longshot but we had nothing to lose.

We have lost nothing. But I think we have gained ground. The Government now know that we're not going away.

100% agree, btw. I was referring to my reasoning as simplistic / naive - not the letter writing, if anything, ive surprised that it does seem to be more positive than before. It's essential we don't go away.

[DonkeyRhubarb]

New Letter

See signature below.

This is if you get the "standard reply" from your MP. Note that you can still send this even if you've already sent a follow-up.

We are also working on a stinging response to the letter from HMRC.

[smalldog]

See signature below.

This is if you get the "standard reply" from your MP. Note that you can still send this even if you've already sent a follow-up.

We are also working on a stinging response to the letter from HMRC.

sent, I got the standard reply and sent the second letter last week, Ive also bolstered it with this additional one. Lots of people in government should be starting to realise this is more than just a tax bill we cant/dont want to pay.

[Lobscouse]

Reply from Dominic Raab (Esher and Walton)

Reply received 11th June.

"Thank you for your letter dated 23rd May regarding the retrospective nature of Section 58 of the Finance Act 2008. I apologise for the delay in responding. We are currently in the midst of being allocated offices, and I am still recruiting my new team.

I share your concerns about their retrospective legal application. I have written to the Treasury ministers on the matter. I hope this will be taken into consideration in the forthcoming emergency budget, bearing in mind the great pressures on the public finances."

Fairly non-committal.

[Boycie]

Reply received 11th June.

"Thank you for your letter dated 23rd May regarding the retrospective nature of Section 58 of the Finance Act 2008. I apologise for the delay in responding. We are currently in the midst of being allocated offices, and I am still recruiting my new team.

I share your concerns about their retrospective legal application. I have written to the Treasury ministers on the matter. I hope this will be taken into consideration in the forthcoming emergency budget, bearing in mind the great pressures on the public finances."

Fairly non-committal.

Got my reply last Friday from Dominic Rab, Esher-Walton too - word-for-word the same as yours. Justice only when the nation's coffers are in a good state!

[DonkeyRhubarb]

Reply to the letter from HMRC

See (2) below.

[TAF4]

http://wimg.co.uk/ShV.doc


Excellent DR - truly excellent.