BN66 - Court of Appeal and beyond

[Disgusted of Coventry]

This is taken from the witness statement of one of HMRC's investigating officers at the Judicial Review.

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Don't you just hate the way these ****holes mess around with language!

Especially the smarmy use of the words "claim" & "choice".

[Leyther70]

This is taken from the witness statement of one of HMRC's investigating officers at the Judicial Review.

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That 2nd paragraph should be 'clarified' to read, should they have had a crystall ball.....

As a UK non resident I no longer have an MP to write to but its very heartening to see the determination and willing of people on this board. We've been royally screwed and these bastards cant be allowed to get away with this!

The interest portion is particuarly galling for me, in the latest HMRC correspondance they dont even hide behind the 'clarification' any more, they actually state 'the validity of the application of the restrospective legislation', that sentance alone should be enough to say the interest is unfair and unjust!

Keep up the excellent work chaps, the longer this goes on the more my determination to fight this 'shafting' grows, I'd rather die on my knees than pander to these bstards.

[Disgusted of Coventry]

This is taken from the witness statement of one of HMRC's investigating officers at the Judicial Review.

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Sorry for banging on about it, but this has got me really pissed off.

Take out the words "they claim that" and "in extreme cases", and then see how it reads.

"Because of s58 marriages are being put at risk, they may lose their houses to fund the liability, or they may even be declared bankrupt."

You said it, mate!

[TalkingCheese]

They have no excuse !

This is taken from the witness statement of one of HMRC's investigating officers at the Judicial Review.

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And this means that it is ok for them to faff around for 6/7 years with a loophole they knew about for 21 years, playing with public money (not their own!) to bankrupt individuals ?

[SantaClaus]

I've asked for a meeting with my MP. He's written to the TSC and Mr Gauke and once he has a response he's going to see me and my wife.

Excellent stuff!

[SantaClaus]

And this means that it is ok for them to faff around for 6/7 years with a loophole they knew about for 21 years, playing with public money (not their own!) to bankrupt individuals ?

I think when Judge Parker listened to the COA case, the wool from his wig must have got stuck in his ears.

[helen7]

This is taken from the witness statement of one of HMRC's investigating officers at the Judicial Review.

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Anybody that spent all the money was foolish. We did know we were entering into something that was not 100% guarenteed. And anybody who has not been saving for the last 4 years is equally as foolish.

What we have learnt is that the government can do what they want, when they want and there isn't a bloody thing we can do about it. The courts won't even hear our case.

[moira under the stairs]

Anybody that spent all the money was foolish. We did know we were entering into something that was not 100% guaranteed. And anybody who has not been saving for the last 4 years is equally as foolish.

What we have learnt is that the government can do what they want, when they want and there isn't a bloody thing we can do about it. The courts won't even hear our case.

... and that is what the HMRC and Government are expecting and wanting you to do, sit there do nothing and take what is being dished out.... I and like others on this forum will fight this all the way its not right, not constitutional, its bullying of the highest degree, someone in the HMRC is trying to cover their ar$es they have screwed up for leaving this for so long.... think about it.. its unbelievable what they are trying to impose. Tax dodgers bollocks, HMRC slackers more like.

[TalkingCheese]

Absolutely !

... and that is what the HMRC and Government are expecting and wanting you to do, sit there do nothing and take what is being dished out.... I and like others on this forum will fight this all the way its not right, not constitutional, its bullying of the highest degree, someone in the HMRC is trying to cover their ar$es they have screwed up for leaving this for so long.... think about it.. its unbelievable what they are trying to impose. Tax dodgers bollocks, HMRC slackers more like.

Hindsight is a wonderful thing. I for one have not been frivolous throughout, havent contributed to pensions for the past 4 years, have lived well within my means throughout (or so I thought) and can perhaps scrape together the tax "due". It is the interest that almost doubles my liability and does me in. Sure, say what you like about what we should have done but what Section 58 does is just plain wrong.

If I had the slightest idea that they could change the law like that and effectively double my liability (let alone the tax and scheme charges already paid) and have a hold over my life for so long there is no way I would have entered into the arrangement. And I believe this is what it boils down to... legitimate expectation.

[DonkeyRhubarb]

Anybody that spent all the money was foolish. We did know we were entering into something that was not 100% guarenteed. And anybody who has not been saving for the last 4 years is equally as foolish.

You can't know that because you don't know 3000 people's individual circumstances.

Many people have divorced over the past 10 years, which has left them a lot poorer.

Over the last 4 years there has been severe recession and high unemployment.