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BN66 - Court of Appeal and beyond

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    Originally posted by helen7 View Post
    Hope everybody made preperations for this. I would hope that Montp can put together an arugement to eliminate the interest up to the point at which this change was announced.

    I am shocked that many of my collegues have used loan and EBT based schemes for the last 10 years and have NEVER been challenged. Many of them continue to use them. I do not understand why this one scheme has been targeted and rest left to 'get away with it'.
    Helen7 - can you see the elephant too? Nobody will talk about it...
    There's an elephant wondering around here...

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      DR u didn't give me hope matey. I never thought an sc outcome would go in our favour anyway on the basis of purely an argument over hr. I think now is when things will get interesting at the tribunal stage when all hmrcs nasty dealings come out!

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        Originally posted by OneUnited View Post
        I just can't believe MP I phoned them at 14:50 and they knew nothing.
        I don't know who you spoke to at MP but they have known since the day the decision was announced.

        Perhaps they should have sent out a circular immediately but I think they wanted to wait until they had formulated strategy with Counsel.

        As soon as I hear anything I will post an update.

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          What a load of effing bollocks. Unlike many people, Im not one bit surprised the appeal has been turned down. Im not surprised MP having known since 7 Feb yet have uttered not a single word to us.

          But most of all, its effing bollocks our case was built on the Human Rights angle.

          Appeal to ECHR? Yeah, ok, you can go through the motions of building your hopes up again but, everyone except the blind can see where this is going.

          Im not going to bore everyone with any more anger. I feel desparately sorry for the people who are in this above their heads. I truely hope you can get things sorted.
          I couldn't give two fornicators! Yes, really!

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            Montpelier

            Originally posted by DonkeyRhubarb View Post
            I don't know who you spoke to at MP but they have known since the day the decision was announced.

            Perhaps they should have sent out a circular immediately but I think they wanted to wait until they had formulated strategy with Counsel.

            As soon as I hear anything I will post an update.
            Optimistic. Think they'd have waited to tell you if they'd won ?

            I suspect they're seeing if any of you guys is in a position to sue them - there has to be some kind of prima facie negligence case.

            In the meantime, people in a similar position to Montpelier would no doubt be making sure that there are few assets available for potential litigators, so nothing will be there even if they win. The best hope for victims of this scheme is for Montpelier to have a stack of liability insurance - although if you think the case against HMRC was slow, it'll take a lifetime to sue somebody like Montpelier.

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              Originally posted by northernSoul View Post
              I suspect they're seeing if any of you guys is in a position to sue them - there has to be some kind of prima facie negligence case.
              I don't see a valid prima facie negligence case - if money ends up being paid to HMRC it is because the law was changed after the fact. Where is the negligence? In fact, caveat emptor would apply. I doubt they would be liable for anything in these circumstances - they have no control over what Parliament decides to do. Let's hope that Montpelier decide to continue the case to Europe/TC's.
              There's an elephant wondering around here...

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                This is awful. Mainly though because I don't understand what next. DR please keep up your work on this - no flames from me - just grateful for all your work.

                DR please advise on what next. I have 4 children and I don't know if they will have anywhere to live soon.

                What is next and how long will it take?

                Why has the KPMG/Steed case taken so long to get to ECHR?

                Will HMRC take the money even if we apply to ECHR?

                What is a tax tribunal? How long does it take? Is it individual?

                Help please
                Last edited by Fog; 15 February 2012, 22:45.
                Join the No To Retro Tax Campaign Now
                http://notoretrotax.org.uk

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                  Originally posted by Toocan View Post
                  I don't see a valid prima facie negligence case - if money ends up being paid to HMRC it is because the law was changed after the fact. Where is the negligence? In fact, caveat emptor would apply. I doubt they would be liable for anything in these circumstances - they have no control over what Parliament decides to do. Let's hope that Montpelier decide to continue the case to Europe/TC's.
                  Before we go through this suing Montpelier crap, everyone needs to wait and see what Montpelier have planned. They haven't ditched us yet and I'm sure they won't ditch us now and the fight will go on....

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                    10 years and now what.....

                    Oh dear, a bit of a gutter to say the least.....

                    I don't get how this can be reasonable when previous scheme users were allowed to broker deals at an earlier stage. That and the current issues with EBT's that are affecting Rangers FC and other clubs. How come some of these have been able to perform "deals" with HMRC.

                    http://www.telegraph.co.uk/sport/foo...hts-deals.html

                    I can't quite get my head around the fact that I'll receive a tax demand plus interest some 10 years after the earnings were made lawfully. Life has changed a great deal in this period and conditions are very different.

                    I hope Montpelier provide some strong guidance as to what the next steps are likely to be. There will be alot of very nervous people wandering how this will affect them in the coming weeks, let alone months.

                    Terrible, just terrible.

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                      she isnt singing just yet

                      i know this is a bit of a blow but its not the end in my mind, we still have the tax tribunals and I fully expect MP to engage with HMRC and take some cases forwards. I do think the result of that will ultimately be the end but its our chance to tell the full story and not just an HR defence.

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