BN66 - Court of Appeal and beyond

[portseven]

Yes, funnily enough I did today!

Can you share his view of our situation? PM if u like

[Godber]

Time for Action!!!!

Just sent to letters to MP, MSP, MEP, David Gauke, Treasury Committee

When are Montpelier going to issue some guidance on this?

[nevergiveup]

Just spoken to an IP (Insolvency Practitioner) regarding an IVA (Individual Voluntary Arrangement) and it looks like in my case bankruptcy may now not be an option. Thank god.
So basically the job of the IP is prove to the creditors that they will get more money going down the IVA route than the bankruptcy route.
In my case, I have no liquid funds or assets and only 80K equity in my house (which my wife jointly owns); so 40K is my share of this, of which HMRC may get if they went down the bankrupting me route.
So if I can afford to pay into the IVA £1000.00 per month, over 5 years totaling £48k (Yes I know its close). HMRC say I owe 110K, minus the 48K and the remaining 62k gets written off after 5 years. Happy days☺
There is lots too do on this still and more work to be done (plus everybody’s circumstances are different), but it’s better than going down the bankruptcy route. I keep my house; I keep the 80K equity in my house. Just one clause that is annoying is that HMRC will insist that in 4 year of the IVA a revaluation is carried on the house. This will complicate things if house prices increase, and an additional year may be put onto the IVA (moving it to 6 years). I am looking into this point in further detail.
My IP says in his experiences of dealing with HMRC typically they do agree to the above…..

Sounds very interesting but £1,000 x 60 months is £60,000.

[BrilloPad]

When are Montpelier going to issue some guidance on this?

I suspect never. I suspect they will take the case to ECHR and represent us during tax appeals.

They will tell us as little as possible - after all it was HMRC who alerted us to the Supreme Court loss.

So far they have done everything legally correctly. Even if their communication is abysmal. The montpelier foot soldiers are doing a great job - but WG/JC are keeping the rest of montpelier in the dark.

[BarneyCool]

In a nutshell

Can you share his view of our situation? PM if u like

The first thing he mentioned was the reveiw being made by the treasury commitee and I would urge everyone who has not yet done so to write.

Where I think he can assist "some of us" is if they had never reveived their closure notices within the correct timeframes I.E within 2 years of the 31 of Jan for that particular year even if one year does not conform along with any other discrepancy then it is porbably a loophole that can be positively challenged.
A collective representation is a nonstarter as each individual case must be reviewed on its on merits and there are obviously charges involved and I would fully expect MP to be on the case with this although it is well worth checking all of your documentation.

In terms of collection it comes down to 2 options
A) Make full payment
B) Bankruptcy

With regards to making full payment then If you can prove have have the means to pay some with the remainder over a period of upto a few years obviously still accuring interest then this "should be considered as making full payment" although you will probably be left with enough to live off beans on toast everynight.

If you do not then it looks like option B

Insolvency was not discussed

In the mean time keep writing...

[reckless]

First Salvo Fired

Letters sent to my MP, to Nick Clegg and George Osborne. The next salvo this weekend will be to David Gauke, the Treasury Commitee and David Cameron himself. Let's keep firing off the letters to as wide a range of relevant recipients as possible so that it simply becomes too big an issue to just quietly ignore, as has been the case up until now.

[TalkingCheese]

What do they care ?

Just thinking... if I am made bankrupt and then the ECHR decides in our favour and the money has to be paid back, I will sue for endless amounts of money ! Years of living on the bread line, lack of income due to credit status, loss of home, stress etc etc... but what do they care ? They are not affected as individuals and my life (along with many others) would have been ruined. It is the public money they are playing with and the public money they would have to pay with. They will tout their decisions as being by the rules and blur the real story with tax dodger headlines. It is individuals fighting a mostly faceless organisation, and the faces there are may get slapped wrists. And of course this is one of the better scenarios... what a crock !

(will work on lightening up my mood for the weekend )

[BarneyCool]

They Don't

Just thinking... if I am made bankrupt and then the ECHR decides in our favour and the money has to be paid back, I will sue for endless amounts of money ! Years of living on the bread line, lack of income due to credit status, loss of home, stress etc etc... but what do they care ? They are not affected as individuals and my life (along with many others) would have been ruined. It is the public money they are playing with and the public money they would have to pay with. They will tout their decisions as being by the rules and blur the real story with tax dodger headlines. It is individuals fighting a mostly faceless organisation, and the faces there are may get slapped wrists. And of course this is one of the better scenarios... what a crock !

(will work on lightening up my mood for the weekend )

Unfortunately they don't! When Gauke made his oppossing stance known he instantly gained the votes of all of us and those around us. Job done!

Now lets see where his real convictions lay.

The same goes for that pi55 pot website they put together shorlty after winning the election. What a joke that was!

Again our plight does not matter to them. Once they have stiffed us. We will have nothing left for them to take so may as well be left to fester somewhere. If however we had the Tax generating powers of Barclays in the future then they would look again I'm sure.

But as we have nothing else left to lose writing a few letters is the least we can do. Even if it does feel like your Pi55ing in the wind.

[Fireship]

3000 letters? We should be so lucky!!

We can’t expect the a great turn out when it comes to letter writing campaigns simply because most MP clients that I’ve spoken to in recent years aren’t aware of this forum, the topics discussed, and actions proposed….

However, as MP know who their clients are it might be worth approaching them about a mail shot directing them to this forum (specifically a summary written for the newcomers, the action we’re taking, and why it’s important they act quickly)….

MP rightly want to stick to the legal rather than political argument however making their clients aware of this forum could be seen as merely passing on information without becoming directly involved…. After all the treasury committee review is a onetime deal with a limited window. If the treasury committee were sufficiently motivated to overturn the legislation then MP would also benefit as it:

-Proves they were right all along and the establishment agree with them rather than HMRC.
-Reduces their legal bill massively by bringing this to a close now rather than having to go to Europe!

Just a though… Surely it can’t hurt to ask?

[DonkeyRhubarb]

Just a though… Surely it can’t hurt to ask?

I've asked several times over the past few years but the answer has always been No.

I get the impression that they're not wildly enthusiastic about the forum, so probably the last thing they'd want to do is direct more clients to it.