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BN66 - Court of Appeal and beyond

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    Message from Brillopad

    <admin ..dont shoot the messenger>


    Brillo was at court the other day and follows events closely. ..and writes

    "
    I still hope one day the bn66 forum will move from cuk so I can post again. I believe we will win this – but my end date has switched from 2012 to 2015. I am relieved closure notices are not being enforced – only sensible option as we are going to win! Keep the faith and please try not to bicker or put up anything that will help HMRC – you can be traced!

    On a personal note my new marriage is working out will and all my 3 children are in great form. I still give blood. I have given up coffee, tea, alcohol, chocolate, pasta, rice, potatoes and bread. I cycle to and from clientco every day – 11 miles each way.

    BP
    "

    Comment


      Scheme Numbers

      As quite a few people have pointed out it looks like MP at various stages have given people differing figures regarding the numbers that would be accepted into the scheme.

      Hence I was wandering if anyone has ever challenged them on this and what their response was?

      Comment


        Originally posted by Fireship View Post
        Quick question:

        Our house is in joint ownership and I’d like to protect it against bankruptcy should the worse happen (though I’ve no idea how I’ll continue to pay the mortgage with no job or future!!). I understand that HMRC can only come after my half however that in itself would involve a forced sale in order to release my half of the equity.

        Any ideas how I would go about transferring it into my wife’s name in such a away that HMRC couldn’t touch it?? I understand that simply transferring assets isn’t possible as HMRC can still come after them as the transfer occurred during a period where a perceived debt was under dispute and as such would be regarded as attempting to falsely reduce ones net worth…. However could my wife legally buy me out at current market value?? That way the house would be hers and HMRC would then target the proceeds of the sale rather than the house??

        I’m not intending to find myself in such a position but it’s better to research all options now in order to be prepared! If I lose everything including the shirt off my back then I’d rather it be in a way I have some control over and leaves my children in familiar surroundings to sleep at night.
        I am not a solicitor, but I think your wife could buy you out for the true market value of your share.

        If you sold your share to her for less than market value, it would be deemed a "transaction at under value" and then she could be bankrupted too in order to get her share.

        Again, as someone said, get proper legal advice.
        'Orwell's 1984 was supposed to be a warning, not an instruction manual'. -
        Nick Pickles, director of Big Brother Watch.

        Comment


          Originally posted by Leyther70 View Post
          I once looked into this myself a while back for a totally different reason but was told that the courts take a very dim view on any such transactions, however if your serious you should probably seek professional advice rather than word of mouth off here.

          Good Luck
          Thanks for the feedback….

          Yeah I definitely want to go down this road if it’s an option but make no mistake I want to do this in a legit manner that would see the proceeds of the sale being set aside for HMRC should the worse happen – I’m not trying to prevent them getting their hands on anything, instead I’m making sure they’ll get (in terms of value) my half of the house whilst still providing a home for my family. Net result would be the same as a forced sale only in this case my wife would be buying me out at full market value…. Can’t see the courts having a problem with that….

          I’ll seek professional advice and who knows I may even ask HMRC, maybe for once they’ll be able to help – doubtful but worth a try

          Comment


            Originally posted by Fireship View Post
            However could my wife legally buy me out at current market value?? That way the house would be hers and HMRC would then target the proceeds of the sale rather than the house??
            In theory yes. But the mortgage lender might be an obstacle.

            You would also need to be careful that any money used to buy you out was her money, and not from joint savings. You can't give her money to buy you out if you get my drift.

            If you're serious, get some professional advice.

            Comment


              Has anyone FOI'd HMRC on the annual number of people made homeless through their action ?

              Comment


                Originally posted by DonkeyRhubarb View Post
                Be careful very what you say on here.

                HMRC have been known to monitor the forum in the past.
                How many HMRC stooges do you think post on here ? none ? .... are you sure ?

                Keep your heads peeps !! don't give anything away.
                MUTS likes it Hot

                Comment


                  Originally posted by DonkeyRhubarb View Post
                  In theory yes. But the mortgage lender might be an obstacle.

                  You would also need to be careful that any money used to buy you out was her money, and not from joint savings. You can't give her money to buy you out if you get my drift.

                  If you're serious, get some professional advice.
                  Agreed which is why we need to approach lenders now before the credit rating takes a dive. She has some money of her own put aside, should be enough to make a deposit and get a loan approved - fingers crossed!!

                  Comment


                    Letter from MP

                    Yeah Just got a letter today.

                    Says the same as the info that was posted on this site after the decision. Slightly differently worded but nothing extra.

                    At least they are trying to communicate.

                    I feel we need to give them a chance with the SC, if people have had enough then get a CDT and forget about it.

                    Originally posted by Boycie View Post
                    I received a letter today from Montpelier through the post - a debriefing following the CoA - anyone else receive this?
                    I don't believe it.........

                    Comment


                      Personnel Developments at the Supreme Court .....

                      This caught my eye during a my daily scan of the Grauniad. It appears there are some vacancies at the Supreme Court.

                      Who will be the two new supreme court judges? | Joshua Rozenberg | Law | guardian.co.uk

                      I hereby nominate Donkey Rhubarb!!!

                      On a more serious note, "Who will get Lord Brown's seat at the court? As far as I can see, no minorities are represented among the front runners – although I am told that Rabinder Singh QC is shortly to become the first Sikh high court judge."

                      This wouldn't be our mate we've been up against so far would it?

                      Comment

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