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HMRC pulling a fast one (allegedly)

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    #11
    Originally posted by BolshieBastard View Post
    Should you need to appeal any HMRC decision regarding your problem, you should make a detailed note of this including the date they said they sent the letter(s), your request for the second letter and the fact they wouldnt extend the period for you to response.

    These are material facts which will support any appeal. The interest of natural justice demands that you be informed of any action and that you have sufficient time to respond.

    If you can clearly support your position that the original letter wasnt received \ was unduely delayed and, the second letter sent by HMRC was similarly delayed, then it is not reasonable you havent been given time to consider the information, gather the info required and respond.
    I'm in a bit of a Catch22 as I potentially do wish to appeal a HMRC decision but need this letter to do so.

    I have only been given until the 15 March to lodge my appeal and I do not envisage receiving the letter from HMRC and discussing it with my accountant before then.

    As such, can I lodge a 'generic' appeal now without the HMRC letter, which contains figures I need to work from to investigate their claim, or do I need their letter to do so?

    My other concern is if I kick up too much of a fuss, it might make me a target for investigation.

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      #12
      Originally posted by Clippy View Post

      My other concern is if I kick up too much of a fuss, it might make me a target for investigation.
      Same as before, this is exactly what they want.

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        #13
        Originally posted by Clippy View Post
        I'm in a bit of a Catch22 as I potentially do wish to appeal a HMRC decision but need this letter to do so.

        I have only been given until the 15 March to lodge my appeal and I do not envisage receiving the letter from HMRC and discussing it with my accountant before then.

        As such, can I lodge a 'generic' appeal now without the HMRC letter, which contains figures I need to work from to investigate their claim, or do I need their letter to do so?

        My other concern is if I kick up too much of a fuss, it might make me a target for investigation.
        AFAIA you can lodge an appeal stating the broad reasons why you wish to do so. You could add that you are in the process of obtaining further information to support your position but due to the fact that HMRC's letters have not been received timeously, you will provide this other information later.

        Remember though Im not a lawyer.

        As far as making yourself a target for HMRC, well, I think the way to address that is all of us already are.
        I couldn't give two fornicators! Yes, really!

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