BN66 - Court of Appeal and beyond

[helen7]

On that basis, it seems to me that the only way to challenge the assessments which have been raised would be on the basis that the effectiveness of the scheme which you implemented was not affected by the amendments made by Section 58 FA 2008,.

BINGO!

[ContractIn]

Legal

Montpelier have had productive talks with Steed/KPMG and PwC.

I've not heard anything about deGraaf.

The way forward is very likely to involve Europe as well as the UK tax courts.

Political

Montpelier fully understand why we want to do this but can't be involved. We have their moral support though.

A lobbying firm has been briefed. Watch this space...

Hi DR

I've been away recently and only just getting up to speed on where we are at. I'll be dropping my PM a letter asap.

Regarding the above why can't Montpelier be involved from the political front? I would have thought as an organisation they should be lobbying against this injustice just as much as us. In hindsight I would even suggest they donate to the conservative party to get in front of cameron! Could be cheaper than pursuing the court route!

[TAF4]

Now under normal circumstances I would have expected MP to have looked into this avenue of approach but, given the focus on the HR issue, are we certain that this is indeed the case?

What makes you think that MtP are not exploring this approach?

If there is an angle as your solicitor suggests I am fairly sure MtP has it covered, together with any number of alternative approaches. I wouldn't expect to be informed of their strategies.

[VictorValiant]

Neither Would I

What makes you think that MtP are not exploring this approach?

If there is an angle as your solicitor suggests I am fairly sure MtP has it covered, together with any number of alternative approaches. I wouldn't expect to be informed of their strategies.

I would expect them to have considered this already but sometimes the obvious gets lost in the mix and, like you, I would not expect to be made aware of all the possible strategies under discussion.

[Ganimos]

The impossible dream

A MESSAGE

On a dull Monday afternoon to all those who have lost hope, who think the game is up, have lost the will to live, are worried about no positive news from MP/ no APPARENT direction / no answers YET! / Bankruptcy / losing your house/ Marriage breakdowns / kids schooling / and even worse.

Take 20 mins off,put your feet up, have a cup of coffee and have a look @ this....

The Impossible Dream-Man of La Mancha - YouTube

See it through to the end its 8 mins.

And after that go to here......

http://forums.contractoruk.com/accou...n-funding.html

There are things happening. There are able people about, there are people who haven't given up!! It can't be done without funds.

It might be the best pounds you have ever spent in your life !!

[moira under the stairs]

A MESSAGE

On a dull Monday afternoon to all those who have lost hope, who think the game is up, have lost the will to live, are worried about no positive news from MP/ no APPARENT direction / no answers YET! / Bankruptcy / losing your house/ Marriage breakdowns / kids schooling / and even worse.

Take 20 mins off,put your feet up, have a cup of coffee and have a look @ this....

The Impossible Dream-Man of La Mancha - YouTube

See it through to the end its 8 mins.

And after that go to here......

http://forums.contractoruk.com/accou...n-funding.html

There are things happening. There are able people about, there are people who haven't given up!! It can't be done without funds.

It might be the best pounds you have ever spent in your life !!

[SantaClaus]

A MESSAGE

On a dull Monday afternoon to all those who have lost hope, who think the game is up, have lost the will to live, are worried about no positive news from MP/ no APPARENT direction / no answers YET! / Bankruptcy / losing your house/ Marriage breakdowns / kids schooling / and even worse.

Take 20 mins off,put your feet up, have a cup of coffee and have a look @ this....

The Impossible Dream-Man of La Mancha - YouTube

See it through to the end its 8 mins.

And after that go to here......

http://forums.contractoruk.com/accou...n-funding.html

There are things happening. There are able people about, there are people who haven't given up!! It can't be done without funds.

It might be the best pounds you have ever spent in your life !!

As I commented on the other thread, excluding the AndyW option, £28,600 pledged so far. Just think what we could do if everyone pledged just £100.

[DonkeyRhubarb]

I would expect them to have considered this already but sometimes the obvious gets lost in the mix and, like you, I would not expect to be made aware of all the possible strategies under discussion.

The angle your solicitor alluded to has been considered. The appeals of our closure notices cite this as well as HR.

[nevergiveup]

As I commented on the other thread, excluding the AndyW option, £28,600 pledged so far. Just think what we could do if everyone pledged just £100.

Only 83 people have voted so far. Where's the other 2500 people

[Oakleyacc]

Negotiation - compromise - here's hoping

I have added my vote to the contribution to lobbying thread.

My position regarding the situation is that the law was changed in 2008/9 and that's fine. I left the MP scheme in 2006 as I could see that things were getting angry and I saw no point in waiting for the axe to fall. MP said to me before joining the scheme they would only have a maximum of 1,000 people on it so that they would not attract attention. It seems they more or less stuck to that number, perhaps up to 1,300 from what earlier posts have said.

Obviously I agree that to change the law retrospectively is morally unacceptable, particularly as I'd left the scheme over 2 years earlier.

I am prepared to negotiate with HMRC but I've no idea if they'd be prepared to negotiate with me. My standpoint is that the starting point is the value of the tax calculated as being due while with MP now that the law has changed. What I cannot stomach (or indeed afford) is charging interest on money that was not due at the time. I would be prepared to accept interest being charged from the date the law was changed. I'm not sure what that date officially is but it may be from when it received Royal Ascent. The question of NI contributions concerns me too. I paid NI contributions on the amount of income not put through MP like everyone else. If NI contributions are due on the amount put through MP then that would push the individual's contributions above the maximum limit for the years in question. So again, my point of view is that it's OK to charge NI contributions but only up to the maximum for an individual.

Whatever that total comes to would be an acceptable base to me (as I said, I don't expect HMRC to agree very readily to it but that is my starting point). Depending upon the amount, I would propose to pay it over a period of 4 to 5 years. Quicker than that, I can't do.

If all of that is unacceptable to HMRC, then someone will be calling in the Official Receiver and we'll be going down the bankruptcy route. I would like to avoid it as I believe my proposal is reasonable but I simply dont know how they will react to it.

For reasons completely unrelated to this, I sold my house a long time ago, dont own a car, have no assets that I am aware of and no income to speak of any more so HMRC really would get nothing. I dont know if that would matter to them.

You might ask how I would propose to pay HMRC given my current situation. I hope to re-establish myself before too long and my wife is prepared to make a certain level of contributions on my behalf until I do. However, she has no obligation to do this. It's in the interests of avoiding my bankruptcy. All of this depends upon HMRC being prepared to be reasonable which we will just have to wait and see.

I suspect there would be quite a number of people who would be prepared to make similiar proposals to HMRC rather than go bankrupt but we don't yet know how hard their line will be. If they play hard ball with no deals, then there will be a lot of pain and suffering. I'm not especially hopeful, but this is where I stand.