Montpelier DTA scheme bulletin

[MickyB]

How do we contact Montpellier ?

Also for later joiners of scheme, I thought that we paid the 4% up front and if scheme did not succeed Montpellier would refund this 4% .. anybody else in this position ?

Whats chances of getting the 4% back from Montpellier ?

[mossman]

Update

For the info. of others in the same position, here's an update.

I spoke to Dawn Bull at Montpelier today. She said there's no need to send the warning letter, but send the APNs when you get them and 'we'll check to see if they're even lawful. In any case we've been given a hearing date in February so HMRC are wrong to issue these because it's still ongoing. We'll then provide you with a letter to send to HMRC in response to the APNs. You get 90 days to respond to the APNs'.

I'm still not sure how to play this. Montpelier talk as though there's still a chance they could win.

One thing she did say is that if you decide to settle your tax affairs now (i.e. not just pay the APNs but actually settle) then HMRC will regard your case as closed and you won't get a refund if Montp subsequently win.

[mossman]

Representing

I just want to let people know that I rang HMRC and they advised me to pay up as the notices were legal. I sent MP everything scanned and they advised notices were unlawful. HMRC also advised that MP were no longer representing me I asked why they said that they advised MP had notified them that they were no longer representing me. There was a note in my file indicating they were no longer representing me. So really worried not sure what to do. Any advice would be welcomed.

It seems strange if Montp have told HMRC that they're not representing you, but haven't told you!

First thing is to contact Montp and ask them if it's true that they're not representing you and if so why.

[KK1]

It seems strange if Montp have told HMRC that they're not representing you, but haven't told you!

First thing is to contact Montp and ask them if it's true that they're not representing you and if so why.

Does this not imply that MP have an 'open' appeal? In which case should this not be verifiable with the appeal reference of some sort?

[Grim Reaper]

So if MP give you a letter to appeal against the APN's, do you still get slammed with the penalty for not responding to the FN ? The APN and FN each gives you 90 days.
Just being conscious of being caught out by more delay tactics....

[DonkeyRhubarb]

So if MP give you a letter to appeal against the APN's, do you still get slammed with the penalty for not responding to the FN ?

You can make representations (appeal) against the FN. If you do that then the process is suspended while HMRC consider their response. If they reject the representations, you get a further 30 days to comply with the FN.

[LandRover]

You can make representations (appeal) against the FN. If you do that then the process is suspended while HMRC consider their response. If they reject the representations, you get a further 30 days to comply with the FN.

But ultimately many will not be able to pay a FN. So what next bankrputcy? Will it take mass bankruptcy before anyone takes notice?

[Minty]

Called MP and HMRC

When I sent MP follower notices they were quick to respond but since I questioned them if they are still representing me or not they have gone quiet. Dawn hasn't replied to my email and phone calls goto answer phone. I double checked with HMRC and they said note was put on my file 2nd November saying MP no longer representing me. When I asked could they give me name of individual who requested that HMRC replied they had a list of individuals names that were no longer being represented by MP.

I told them I couldn't afford to pay and they said you need to take corrective action otherwise you will be hit with anything up to 50% penalties.

They said once I take corrective action and agree to settle they will pass my debt onto debt manage my and they will agree payment arrangements with me. They were not interested in doing any kind of deal.

Really concerned in no win situation.

[Minty]

It seems strange if Montp have told HMRC that they're not representing you, but haven't told you!

First thing is to contact Montp and ask them if it's true that they're not representing you and if so why.

I have tried calling MP but Dawn doesn'ttake calls or call back. I have sent an email asking to confirm if they are representing me no reply. Normally I get reply straight away.

[Grim Reaper]

I have tried calling MP but Dawn doesn'ttake calls or call back. I have sent an email asking to confirm if they are representing me no reply. Normally I get reply straight away.

Thanks for the info Minty. Could you let me know if you hear anything back please. I will send the APN's tomorrow and ask what I can expect in terms of support, if any, and timescales. Certainly not raising my hopes too high but it would be beneficial to all if we knew the position.