• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

BN66 - Court of Appeal and beyond

Collapse
This topic is closed.
X
X
Collapse
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    Further recollections and future options

    Just for the record, I was also told in 2002 that the scheme would be limited to 350 people so was likewise astounded to subsequently find that there were thousands in it (a double edged sword I thought at the time - safety in numbers or a more worthwhile target for HMRC?). Also, during an initial presentation by MTM, when asked what would happen if they lost at the House of Lords, their response was - 'oh, we always negotiate in the last instance'. I wonder if this is still a valid option given the 4-0 defeat so far. I suppose the SC appeal would have to be on the cards in order to provide any leverage at all.

    Considering future options, it seems to me that this Human Rights approach hasn't given any glimmer of hope so far as it seems to boil down to the question, 'was the retrospective legislation fair and proportionate?' Of course it is then much easier for the LJs to go for the general public interest argument and side with the government, avoiding having to overturn existing budget legislation - way above their pay grade as already stated. One of our main complaints however is the abysmal way in which this whole debacle has been handled by HMRC over the 6 or more years leading up to the Section 58 legislation. Is it worthwhile considering opening up a second front and complaining to the Ombudsman or whoever is supposed to deal with complaints against the HMRC, coupled with a mass lobbying of MPs (including 'Your Freedom' Nick Clegg and the others who were firmly against retrospective legislation whilst in opposition?).

    Like others on this thread, I would appeciate some communication from Montpelier, but accept they need to be given a few days to consider their tactics.

    Comment


      FYI

      IIRC MP have typically taken about a week to get out a letter after a judgement has been passed down.

      Personally, I would rather they take their time to come up with a considered response rather than blogging, tweeting, or posting on here for example, with a knee-jerk reaction just to keep us happy.

      While HMRC aren't knocking at my door, I'm happy to wait. If that situation should change though, I'll be the first one on the phone. I'm not sticking my head in the sand, I'm being pragmatic.

      MP would suffer huge reputuational loss if they did not support this all the way - we are not their only clients.

      Comment


        Originally posted by swede View Post
        IIRC MP have typically taken about a week to get out a letter after a judgement has been passed down.

        Personally, I would rather they take their time to come up with a considered response rather than blogging, tweeting, or posting on here for example, with a knee-jerk reaction just to keep us happy.

        While HMRC aren't knocking at my door, I'm happy to wait. If that situation should change though, I'll be the first one on the phone. I'm not sticking my head in the sand, I'm being pragmatic.

        MP would suffer huge reputuational loss if they did not support this all the way - we are not their only clients.

        hear hear <waves paper in general agreement>

        Comment


          Originally posted by RingStinger View Post
          So what are you saying? there were too many doing the scheme or not enough? If you knew that 2500 were doing it, then you would've passed? Personally the more doing it the better - safety in numbers and all that.

          You've had a lot to say today. If you feel so strongly, then away you go. Go sue MP. Good luck, and shut the door on your way out. In fact, why not go and start your own dedicated thread?

          I for one, and many others on here, will continue to rely on MP. As has been said countless times, a challenge to the SC was to be expected so there are still no great shocks.

          I've mentioned BN66, IOM DTA's etc etc to other tax advisors and I sort of get a 'Errrmmmm.... yeah......' They haven't a clue, and for that reason alone makes me think that MP are still best placed to act on our behalf. Taking alternative tax advice at a time like this? No chance.
          Here's a question - if Montpelier are playing with such a straight bat why haven't they refunded part of the fees as agreed in their original contract? That would enable us to increase the CTD amount (or whatever offset we choose) but should we eventually win we cash in the CTD and hand the full fee over. They are sitting on tens of millions of money we paid in fees for a service that failed whilst meanwhile the interest racks up against us from HMRC.

          Right now we're being shafted by both sides. And the amount MP are spending on legal fees will be buttons compared to what they are raking in from the fee money.

          As for suing Montpelier - given the amount of evidence against them in terms of the bulltulip fed to us I'd fancy my chances way better than anything the SC will have to offer.

          Comment


            ombudsman

            Originally posted by reckless View Post
            Just for the record, I was also told in 2002 that the scheme would be limited to 350 people so was likewise astounded to subsequently find that there were thousands in it (a double edged sword I thought at the time - safety in numbers or a more worthwhile target for HMRC?). Also, during an initial presentation by MTM, when asked what would happen if they lost at the House of Lords, their response was - 'oh, we always negotiate in the last instance'. I wonder if this is still a valid option given the 4-0 defeat so far. I suppose the SC appeal would have to be on the cards in order to provide any leverage at all.

            Considering future options, it seems to me that this Human Rights approach hasn't given any glimmer of hope so far as it seems to boil down to the question, 'was the retrospective legislation fair and proportionate?' Of course it is then much easier for the LJs to go for the general public interest argument and side with the government, avoiding having to overturn existing budget legislation - way above their pay grade as already stated. One of our main complaints however is the abysmal way in which this whole debacle has been handled by HMRC over the 6 or more years leading up to the Section 58 legislation. Is it worthwhile considering opening up a second front and complaining to the Ombudsman or whoever is supposed to deal with complaints against the HMRC, coupled with a mass lobbying of MPs (including 'Your Freedom' Nick Clegg and the others who were firmly against retrospective legislation whilst in opposition?).

            Like others on this thread, I would appeciate some communication from Montpelier, but accept they need to be given a few days to consider their tactics.
            I agree, it was mentioned earlier this year that Ombudsman might be worth contacting.

            http://forums.contractoruk.com/accou...ml#post1260217

            could this be done now, since at the moment it isn't in appeal, and I think it would be good to get someone to look at it on grounds other than HR?

            Comment


              Not helpful to the rest of you guys but thank Christ I live in Switzerland now...

              Let them try and get me over here...

              Comment


                Originally posted by sjw View Post
                They are sitting on tens of millions of money we paid in fees
                Are you sure about that?

                The fees were used to finance growth and acquisitions.

                I don't think the company is in such good shape these days.

                They layed off a load of people towards the end of last year and they've just gone through another round of redundancies a few weeks ago.

                I think you're on a hiding to nothing but worse than that I worry that any action against Montpelier now could jeopardise any chance we might have.

                Comment


                  Originally posted by gasha11 View Post
                  Not helpful to the rest of you guys but thank Christ I live in Switzerland now...

                  Let them try and get me over here...
                  Unfortunately, I wouldn't feel quite so comfortable if I were you. OECD Article 27 'Assistance in the collection of taxes' means that HMRC can ask a foreign government to collect taxes from a UK citizen who owes taxes and has moved abroad. Not sure if Switzerland has an agreement with the UK on this. Not all countries do. You'd have to check. Most EU countries do and common wealth countries, AFAIK.

                  HMRC tentacles go everywhere

                  Comment


                    Originally posted by gasha11 View Post
                    Not helpful to the rest of you guys but thank Christ I live in Switzerland now...

                    Let them try and get me over here...
                    I gave them an address in Timbuktoo on the P85 but now live far from there but outside the EU - Maybe they'll send out some bounty hunters out for us

                    Comment


                      Originally posted by MuddyFunster View Post
                      Unfortunately, I wouldn't feel quite so comfortable if I were you. OECD Article 27 'Assistance in the collection of taxes' means that HMRC can ask a foreign government to collect taxes from a UK citizen who owes taxes and has moved abroad. Not sure if Switzerland has an agreement with the UK on this. Not all countries do. You'd have to check. Most EU countries do and common wealth countries, AFAIK.

                      HMRC tentacles go everywhere

                      Humm I'll remember to keep out of the Commonwealth then. - The most powerful country in the world couldn't get to Marc Rich for taxes in CH.
                      Now I just need some ex Mossad bodyguards to keep the HMRC away.

                      Comment

                      Working...
                      X