BN66 - Round 2 (Court of Appeal)

[DonkeyRhubarb]

i would feel much happier if we had something in writing to say Hector will not try to collect until ALL appeals have been concluded.

DR : I think the message of not collecting was from Hector's barrister?

This undertaking was only in respect of the Court of Appeal but I expect they would extend this if we appealed to the Supreme Court.

By the way, there's another TV programme about the Supreme Court on More4 tonight @ 10pm.

[WTF]

HMRC Trying to collect

I've had closure notices for 2 tax years now and also letters from the bloke in Stoke as I foolishly didn't appeal within the 30 day limit. I think my options are limited because of that? My solicitor has advised me that the chances of me winning an appeal now is very slim and the best option would be to pay up on the understanding that if the outcome of any appeals mean that they have indeed applied the law incorrectly I will be expecting the money back plus interest. However, I'm really not happy in handing over anything whilst the appeal is still going on......any thoughts?? Do I have any options???
Thanks!

[pat12345]

Some dude at the HMRC Debt Management and Banking department in Stoke called Mr Bartholemew has sent me a nasty threatening letter saying we still owe £46k, despite the Montp appeal having gone in on time. They are threating to "take us to court and sell our possessions at auction".

It also says "if you do not send us your returns now, we will have to estimate the amount that you owe. Any estimate of the tax you owe will become a legally enforceable debt."

Nice.

Anyone else received anything like this? Letter going off to NW and TW of course.

Yup. Sounds familiar, I got one today too, guess he's just got around to going to the post office to pick up stamps.

[BolshieBastard]

I've had closure notices for 2 tax years now and also letters from the bloke in Stoke as I foolishly didn't appeal within the 30 day limit. I think my options are limited because of that? My solicitor has advised me that the chances of me winning an appeal now is very slim and the best option would be to pay up on the understanding that if the outcome of any appeals mean that they have indeed applied the law incorrectly I will be expecting the money back plus interest. However, I'm really not happy in handing over anything whilst the appeal is still going on......any thoughts?? Do I have any options???
Thanks!

WTF didnt you get your appeal in within 30 days!?

[DonkeyRhubarb]

I've had closure notices for 2 tax years now and also letters from the bloke in Stoke as I foolishly didn't appeal within the 30 day limit. I think my options are limited because of that? My solicitor has advised me that the chances of me winning an appeal now is very slim and the best option would be to pay up on the understanding that if the outcome of any appeals mean that they have indeed applied the law incorrectly I will be expecting the money back plus interest. However, I'm really not happy in handing over anything whilst the appeal is still going on......any thoughts?? Do I have any options???
Thanks!

Assuming you were in the Montpelier scheme...

Have you contacted them? They have dealt with late appeals before and may be able to rescue the situation.

Call them asap on 0161 831 6464.

EDIT

I have just spoken to Montpelier. Your solicitor is not a tax expert and may not be giving you the best advice.

Please call them immediately.

[Tax_shouldnt_be_taxing]

30 Days

Isn't it amazing? HMRC give you 30 days to appeal a CN or you could be outside the "window". Yet they open an Enquiry into a SAR within 12 months of submission and take more than 6 years to confirm....

EXACTLY NOTHING.

As DR states, pass anything like this over to MontP, they have the ability to work the case. And I don't think a "30 day rule" sticks if you choose to escalate the issue.

Anyways, it just acts as a reminder to be on top of your post and don't let anything slide. They may be indept at dealing with tax issues promptly, but it doesn't mean we should join the apethy mob.

Perhaps I can offer HMRC a new slogan "Time shouldn't be Taxing - Tax should be Timing"

[Emigre]

This is more scare tactics from Hector, get individuals worrying in the expectation that they will crack, divide and conquer approach, that’s why this forum is so good…. for us all to stick together and take on the bullies.

Now more than ever.

This looks like opportunistic timing by Hector ahead of the CoA result. Perhaps they know the result and are trying it on ahead of publication? What bothers me most though is the prospect of collections being outsourced to private firms. Just see how long it took for the underhand practices of the cowboy clampers to be reined in.

Should we get the result we deserve perhaps we should employ the same tactics for collection of signed and closed SARs. A letter giving them 7 days notice and then send the boys round. The image of Hartnett working late to sign off my SARs rather than filling his fat belly curtesy of the taxpayer does it for me

[theywontbreakme]

Lord Phillips comments

Did anybody notice this story in the news?

BBC News - Supreme Court independence 'threatened' by funding

It doesn't seem to have had much coverage but it has me concerned...

[TheBarCapBoyz]

Yeah and "the bloke in Stoke" (i like that) knows his scare tactics are aimed people with families. Mrs Barcap was on at me last night to think about negotiating repayments and stuff. She's seriously worried we will lose our house.

I can't for the life of me understand why HMRC are trying to enforce collection when their QC has gone on record as saying they won't do that until [at least] after the CoA ruling.

[DonkeyRhubarb]

Isn't it amazing? HMRC give you 30 days to appeal a CN or you could be outside the "window". Yet they open an Enquiry into a SAR within 12 months of submission and take more than 6 years to confirm....

Except in reality you don't even get 30 days. It is 30 days from the date on the CN, not 30 days from when you actually receive it.

Mysteriously, there always seems to be a time lag of a couple of days or so between the date on the CN and when it was actually posted. And, of course, they send everything 2nd class. As we know, they also have a habit of issuing them just before Xmas when the post is backed up.

My brother-in-law used to work in HMRC investigations. He says some of the tactics are deliberate but mostly they just couldn't care less.