Montpelier DTA scheme bulletin

[NotAllThere]

On the first day of Christmas
HMRC sent to me:
an invalid APN

On the second day of Christmas
HMRC sent to me:
Two Follower notices
and an invalid APN

On the third day of Christmas
HMRC sent to me:
Three French Hens
Two Follower notices
and an invalid APN

...
On the twelfth day of Christmas
HMRC sent to me:
Twelve False Accusations
Eleven Debtors prisons
Ten Lies to parliament
Nine Bankruptcy Orders
Eight Retrospective laws
Seven Baliffs
Six Inspectors lying
Five home visits
Four Harrassment phone calls
Three French Hens
Two Follower notices
and an invalid APN
.

If I may just go off topic from this serious topic, and indulge in a little frivolity for a moment. What are you doing with those 30 French Hens?

[ns1]

Dawn at Montpelier says Huitson's appeal is in February, and Montpelier's legal advice is that HMRC are acting illegally by issuing FNs.

They are very confident that the FNs will fall away.

[eek]

Dawn at Montpelier says Huitson's appeal is in February, and Montpelier's legal advice is that HMRC are acting illegally by issuing FNs.

They are very confident that the FNs will fall away.

Don't want to be the bearer of bad news but if there was an appeal it would be appearing on the list at https://www.gov.uk/government/public...ister-of-cases and I can't see it listed on either list. Personally I would be going back to Dawn and asking for proof that that appeal exists as its not listed.

[Loan Ranger]

Dawn at Montpelier says Huitson's appeal is in February, and Montpelier's legal advice is that HMRC are acting illegally by issuing FNs.

They are very confident that the FNs will fall away.

That is probably what she is being told to say, but it is very misleading.

If you want to know the true state of the Huitson case, phone the Upper Tax Tribunal.

[BrilloPad]

That is probably what she is being told to say, but it is very misleading.

If you want to know the true state of the Huitson case, phone the Upper Tax Tribunal.

Do they have a phone number?

Can someone post the results of the phone call?

[BrilloPad]

If I may just go off topic from this serious topic, and indulge in a little frivolity for a moment. What are you doing with those 30 French Hens?

CUK Christmas party food!

[BolshieBastard]

Dawn at Montpelier says Huitson's appeal is in February, and Montpelier's legal advice is that HMRC are acting illegally by issuing FNs.

They are very confident that the FNs will fall away.

Ive broken my self imposed exile to clarify this for people. It can be a hard concept to grasp (took me a while in my appeal writing days) but when you think it through, you get there.

MP's position is this; They had permission to appeal to the Tribunal on Huitson but failed to actually make the appeal. Essentially all MP had to do within time was say 'We appeal' and relevant documentation to support our view will follow, within the statutory time limits.

They couldnt even do that simple task!

This means Huitson is now finalised and the case is no longer LIVE.

MP are now appealing the decision that their appeal was made outside the statutory time limits but there were good reasons for this.

Claiming they were overrun with work, letter got lost in the post and the like does not normally count as sufficient reason to allow an out of time appeal.

Legally, their appeal is NOT about the Huitson decision.

A late appeal has three elements;

First, are there good and proper reasons why the appeal was received outside the statutory time limits.

Second, are those reason sufficient for the late appeal to be treated as if made within the statutory time limits.

Third, if the first two elements are both satisfied, re visit the Huitson's case afresh and consider the arguments \ new evidence as if the original decision has not been made. In other words, the appeal doesnt just look at the case as it was at the end of the last appeal hearing, it looks at all the arguments and evidence again.

MP are playing fast and loose with this claim there is an 'appeal' in progress. There is, but it is not in connection with the position of Huitson unless and until the appeal on why they royally eff'd up submitting their late appeal has been decided.

MP told me over 10 years ago they were very confident of winning this whole DTA Scheme dispute that turned into BN66 and not to bother getting a CTD. Listen to them at your peril.

[BrilloPad]

Don't want to be the bearer of bad news but if there was an appeal it would be appearing on the list at https://www.gov.uk/government/public...ister-of-cases and I can't see it listed on either list. Personally I would be going back to Dawn and asking for proof that that appeal exists as its not listed.

Alas its more complex than that!

I just called the UTTT tax tribunal admin office on 020 7612 9730 and I will repeat here what I was told. Feel free to call them to confirm.

Only appeals go on their website. In this case the appeal was "several months late". Effectively the appeal is out of time so the FTTT judgement stands.

However there is an appeal being heard to get an appeal. Those are never listed. The appeal for an appeal was turned down from paper submission. An oral hearing will be heard - however there is no date set yet. A date should be set in January.

I intend to call again in January.

[BrilloPad]

A very good post

To confirm, my post and BBs are essentially the same.

[ns1]

Thanks BB and BP.

So Dawn is not only telling porkies about the state of the appeal, but there isn't even anything scheduled for February.

Montpelier really have gone rotten.