HMRC Enquiry Letters for Choice Premier / Berwick Associates/ Runnymede Services

[Axeman]

Excellent idea. I'll have a look through my folders from the time. I didn't attend the two sessions you mention but I had lots of emails at the time assuring me of the compliance of the arrangement, counsel approved etc.

There's also a mis-selling thread over on LCAG - I've not approached them yet but they're looking for this sort of information

[Centrick]

'Always defective' payroll facilities and miss-selling.....

Excellent idea. I'll have a look through my folders from the time. I didn't attend the two sessions you mention but I had lots of emails at the time assuring me of the compliance of the arrangement, counsel approved etc.

There's also a mis-selling thread over on LCAG - I've not approached them yet but they're looking for this sort of information

Mega. I've discovered Wes Streeting MP is a member of the Treasury Select Committee! Appointed by the House of Commons, the purpose of the TSC is "....to examine the expenditure, administration and policy of HM Treasury, HM Revenue & Customs....". Therefore, it can surely only be of help to past customers of facilities under investigation that Mr Streeting, in the position he holds, has been so outspoken on the designers and promoters. To quote what Mr Streeting said in the Commons Chamber on 8 January 2019: "There remain serious questions to be asked of the promoters of these schemes....and also of HMRC. If people were given tax advice and followed it, and if HMRC was aware of these schemes but did not take action in any previous tax year, how on earth could any reasonable person have concluded that they were doing anything wrong? Mel Stride has also said legislation exists to go after those who created anything unlawful all those years back, so perhaps that's what Mr Streeting and his colleagues will seek to leverage. All in all, even though I'm not one of his constituents, I'm deffo sending stuff in Mr Streeting's direction as well as Sir Edward Davey's and Tommy Sheppard's!

As for the potential of miss-selling, great shout Axeman.

[Axeman]

I think I still have some of the emails from the arrangement I was using pre Berwick. I'll have a dig

[Centrick]

Berwick Associates 2011 LLP - How can HMRC have allowed it to be 'struck off'??!

Have just been messaged that back in January 2018 our friends at HMRC allowed Berwick to be 'struck' from the register at Companies House. Does anyone understand, and can explain here, how HMRC could possibly allow that to happen if their enquiry is still open and they are saying the transactions Berwick undertook were not legal and the payroll 'facility' never worked?

There was at least one email from MJ Kerridge (mid 2014 I think?) where he said the loans received by Berwick customers were nothing to do with him, but as far as I'm concerned if you were a Berwick customer you had to receive foreign currency loans; it's just the way the facility functioned as per what it says in the promo stuff he gave out at his sales meeting.

Why is HMRC not using the legislative powers Mel Stride says have been there for years to go after the creator and promoter rather than us? Maybe webberg can please give some clues on this.....

[Axeman]

I didn't find much in the way of mis-selling ammo last night but I did find and number of emails along the lines of "you will have seen the new legislation that is being introduced to counter the use of .... as a result we are winding down this arrangement."

The clear conclusion being that the arrangements DID WORK - whatever Stride tries to claim - and were being picked off by tactical legislation year on year.

[webberg]

My name has been mentioned and I'll respond to the points that I can.

Mis-selling. Of what? You had an opinion as to the tax effects of the arrangements. You had no guarantee that they would work as claimed.

Even if you could show that you placed reliance upon the opinion of a (in this case) professional, were you that professional's client? I suggest not. I suggest that you were a person buying a product rather than a person buying a professional service in which that professional has to adhere to minimum standards and could be sued for giving negligent advice.

Negligent advice can be given only to a client to whom a duty of care is owed. You were not. You were buying a product and the professional gave an opinion to whomever owned that product. That may have been a connected party (even him/herself) but the opinion belonged to the owner and you had no legal rights if you relied upon it.

Whether you had moral or ethical rights is not a question I can answer.

In terms of HMRC powers to go after the "creator/promoter", there are none.

Rules around the penalties that can be visited upon promoters of schemes that fail were introduced only a few years ago. Even then the process is long. When does a scheme fail? Is it when HMRC raise an enquiry? Is it when you pay an APN? Is it when a Judge says so. The first point is a year from submitting a tax return, the second, perhaps 3 years, the third perhaps 10 years. What benefit do you get from such penalties? None.

HMRC does have powers to move against employers. They have blatantly failed to do that in many cases (you cite Berwick being "allowed" to be struck off - I don't know why that was permitted).

It is a harsh truth but you bought a product that depended upon a tax opinion which in turn you have no legal rights to sue over, should it be wrong.

You bought an opinion. A Judge would say that a reasonable man would have executed a degree of due diligence and background checking when you were spending a year, 2 years, 3 years salary on an opinion. Perhaps seeking an independent view from a suitable professional. (If you did and were not warned about the risks, then you have a prima facie case against that second opinion).

[webberg]

Post deleted at request.

[administrator]

Several posts have been removed from this thread while we investigate any facts behind them.

[Centrick]

....posts have been removed.......while we investigate any facts.....

How is that going to be done please? After all, it rather depends who you ask as to what you get back by way of 'facts'........

[Specsgalore]

How is that going to be done please? After all, it rather depends who you ask as to what you get back by way of 'facts'........

One user has told me he's got screenshots of the whole thread (for some reason of another) and remarks the user 'mjkberwickexposed' no longer exists, so perhaps that's what it's all connected with as he did make some strong statements? Anyway, don't see why everyone else's posts were taken down and I'm happy for the mods to check facts with me if they want! Hope this site doesn't become like RT.......