BN66 - Round 2 (Court of Appeal)

[silver_lining]

Last week I heard........ pursue s58.

Well lets hope we win this round.

From a purely commercial point of view, I don't expect MP to continue the fight if we lose this round. I am entirely sure it affects their position or business if they pull out after that point.

I do sincerely I am wrong.

[Squicker]

Well lets hope we win this round.

From a purely commercial point of view, I don't expect MP to continue the fight if we lose this round. I am entirely sure it affects their position or business if they pull out after that point.

I do sincerely I am wrong.

But then, MP have also - many times - said that they intend to fight on and that they have a contingency if we are harrassed for the money in the interim. That sounds like a set of decisions and plans that would have taken some time to formulate. Being as they would have been desiging the restructure of their business for sometime, they must have been formulating those plans in line with a restructure.

And, as MP have sent out written comms stating they'll fight on, it might well affect their business position to renege on written comms on the basis of the COA ruling.

I am pretty sure the written comms stated they'd fight onto the Supreme Court, can anyone clarify this please?

We also have the matter of the outstanding money mentioned by other users of the scheme from earlier times.

That said, I'd not be particularly surprised either way. Perhaps we ought to ask MP for a written statement on this as, if they are going to pull the plug, we need to get our affairs in order fast.

[OnYourBikeGB]

A quick congratulations to our three favourite judges (at the moment) who have now beaten the world record for actually considering the legal implications of our argument. Unfortunately, the bar was set pretty low to start with.

I too would like to hear MP restate their commitment clearly. They have been true to their word so far, so I do not doubt them. That said, I'd like to hear their level of commitment remains unchanged. Helen7 has a legitimate concern. We do not want to become an awkward side issue or worse an embarassing one fobbed off to some junior. If they are moving out of this territory, are they retaining the brains and skills to see us through?

[BolshieBastard]

Well lets hope we win this round.

From a purely commercial point of view, I don't expect MP to continue the fight if we lose this round. I am entirely sure it affects their position or business if they pull out after that point.

I do sincerely I am wrong.

But then, MP have also - many times - said that they intend to fight on and that they have a contingency if we are harrassed for the money in the interim. That sounds like a set of decisions and plans that would have taken some time to formulate. Being as they would have been desiging the restructure of their business for sometime, they must have been formulating those plans in line with a restructure.

And, as MP have sent out written comms stating they'll fight on, it might well affect their business position to renege on written comms on the basis of the COA ruling.

I am pretty sure the written comms stated they'd fight onto the Supreme Court, can anyone clarify this please?

We also have the matter of the outstanding money mentioned by other users of the scheme from earlier times.

That said, I'd not be particularly surprised either way. Perhaps we ought to ask MP for a written statement on this as, if they are going to pull the plug, we need to get our affairs in order fast.

Well we'll see soon enough. MTM as they were, originally only gave a commitment to fight this to the HoL which has now been superceded by the Supreme Court.

Wouldnt surprise me one bit if they chuck the towel in if we dont get a decision on the appeal. The more legal avenues they go through, the more money in legal fees it will cost them. They wouldnt be the first company to change tack especially if they get defeated twice in court.

[deckster]

Well we'll see soon enough. MTM as they were, originally only gave a commitment to fight this to the HoL which has now been superceded by the Supreme Court.

Wouldnt surprise me one bit if they chuck the towel in if we dont get a decision on the appeal. The more legal avenues they go through, the more money in legal fees it will cost them. They wouldnt be the first company to change tack especially if they get defeated twice in court.

I can't disagree with what you say, but let's not forget that Montp aren't the only players in town. Our whole appeal so far is, as I understand it, largely underwritten by a property developer with £60m at stake. With or without Montp, I don't see them giving up whilst there's any possible legal avenue left.

Come to that, there are a good few of us here and I for one would be willing to pony up a few grand to keep things going rather than roll over to Hector.

[SantaClaus]

I can't disagree with what you say, but let's not forget that Montp aren't the only players in town. Our whole appeal so far is, as I understand it, largely underwritten by a property developer with £60m at stake. With or without Montp, I don't see them giving up whilst there's any possible legal avenue left.

Come to that, there are a good few of us here and I for one would be willing to pony up a few grand to keep things going rather than roll over to Hector.

Exactly deckster. Let's not forget we have PWC fighting a separate case on a different point of European law. They have deeper pockets than Montpelier.

Montpelier also stand to lose a lot of money if they give in to HMRC. I wonder how the figures stack up and at which point, fighting the case becomes untenable?

[StellaFan]

sorry? *we* have to pay MP some cash?

If we ultimately win, I'll quite happily pay MP what is legally theirs. That level of outgoing I could cope with...

[DonkeyRhubarb]

Montpelier Circular

Montpelier are preparing a Circular to clients, which they hope to get out tomorrow.

I suggest we wait to receive this rather than engaging in endless speculation.

Thanks
DR

[screwthis]

If we ultimately win, I'll quite happily pay MP what is legally theirs. That level of outgoing I could cope with...

What % is due back to MP in the event that we win?

[BolshieBastard]

Exactly deckster. Let's not forget we have PWC fighting a separate case on a different point of European law. They have deeper pockets than Montpelier.

Montpelier also stand to lose a lot of money if they give in to HMRC. I wonder how the figures stack up and at which point, fighting the case becomes untenable?

Well tbh, I've been told this argument by MontP. In fact they told me back in about 2003 that 'the longer this went on, the more money they made.' Now, Im not saying that was the official line but its fact of what I was told.

I'd also point out, MontP only stand to lose a lot of money while they are solvent.

But, the true reality is as you say in your last sentence. MontP will not throw good money after bad with these legal challenges and, the time will come when the sheer weight of legal argument and defeats will be the cut off point.

As for someone saying they are prepared to put a few more thousand in to continue this should MontP pull out I say, good luck to you but dont expect me to chip in. I already have a big enough debt around my neck due to this scheme and the 'advice' MTM gave me than I have ever had in my life.

I wouldnt even consider legal action against MontP since IMO, it would just be chucking more money away. Everyone to their own though.

Im keeping my fingers crossed for the appeal but Im not hopeful give past experience.