Reply to: HMRC Scheme Enquiries (No Big Group champions or tax advisors here please)

[Dmac]

I was with Smartpay for 18mths and I am trying to get the total loan payments info from them but they are being quite difficult about it.

Same here, they even asked for £250 to provide the information (which I utterly refuse to pay). In the end I trawled through my bank statements to identify the loans (it is usually obvious which are the loans as the weekly amounts are far higher than the "min wage" payments you may have been receiving).

[Clouds16]

Smartpay loans

do we have any other ex AML/SmartPay employees in the forum?

Ive been trying to speak directly with them to get some clarity on loans etc regarding settling but no longer being a paying customer means this is proving to be quite difficult

Emails and replies are much the same.

I was with Smartpay for 18mths and I am trying to get the total loan payments info from them but they are being quite difficult about it.

[kentishlad]

Hi All,

I'm in the same boat as you lot. Originally with Principal contractors, then over to SP Management for just under 4 years so I'll spare the bit about the obvious anger and stress this is causing as its been said so many times by others - but i'm with you on all of that.

I just have some thoughts on this, wanted to share and see if anyone agrees.

* I register for the settlement. isn't this like waving a big flag to say 'Hi HMRC! come and get me!' HMRC are only going to go after those that registered, because you've contacted them. How are they going to identify the 150,000+ folk affected unless I 'wave' at them by registering?

I have not received anything from HMRC about this - just the notification emails from the scheme providers. Surely its logical to do nothing until you actually get that letter through your door?

* After ignoring it I finally get a letter from HMRC in 2019 trying to hit me with the Loan Charge.

* My situation is I do not have the money to repay. I own almost nothing, and dont own property.

* My gut tells me that these vile non-humans at knox/aml etc are ripping you off again if you decide to use their 'scheme' to sort the tax repayments out. HMRC just want you to pay them. PTS are another massive scam! Don't even engage these lizards.

* So given this, my question is - what can they actually do to me. - I don't have the money, and i dont own anything. Bankruptcy?

This is what Im being led to do....

[Rickystevens]

Thoughts

Hi All,

I'm in the same boat as you lot. Originally with Principal contractors, then over to SP Management for just under 4 years so I'll spare the bit about the obvious anger and stress this is causing as its been said so many times by others - but i'm with you on all of that.

I just have some thoughts on this, wanted to share and see if anyone agrees.

* I register for the settlement. isn't this like waving a big flag to say 'Hi HMRC! come and get me!' HMRC are only going to go after those that registered, because you've contacted them. How are they going to identify the 150,000+ folk affected unless I 'wave' at them by registering?

I have not received anything from HMRC about this - just the notification emails from the scheme providers. Surely its logical to do nothing until you actually get that letter through your door?

* After ignoring it I finally get a letter from HMRC in 2019 trying to hit me with the Loan Charge.

* My situation is I do not have the money to repay. I own almost nothing, and dont own property.

* My gut tells me that these vile non-humans at knox/aml etc are ripping you off again if you decide to use their 'scheme' to sort the tax repayments out. HMRC just want you to pay them. PTS are another massive scam! Don't even engage these lizards.

* So given this, my question is - what can they actually do to me. - I don't have the money, and i dont own anything. Bankruptcy?

[cojak]

Hi
what is the ‘'widely advertised and not to be mentioned on this thread' other path ?
Can you elaborate please as I’m in the same boat
Thanks

They mean Big Group. You can find out more about it in another thread on this forum.

[CheekyGemeni]

Other route?

I'm afraid that HMRC would contest that the tax law at the time would still see your scheme as ineffective. If you did recognise that it was a risk and have kept the tax in reserve then you are in a small minority. Certainly none of my colleagues who are in this mess kept a penny for such an eventuality and I've pointed them at 'the tax advisor who cannot be mentioned on this thread but who charges 500'. We're also giving them contractual assurances that if HMRC makes them insolvent they will keep their jobs.

I'm taking a risk in not settling with HMRC and pursuing the 'widely advertised and not to be mentioned on this thread' other path. Why? Because I can afford it if the approach fails and because the independent legal advice I have access to suggests that, at the moment, it's actually got legs. But I just want HMRC to sweat a bit for the ******* tulip they have needlessly piled on those who were not as wise as you.

Hi
what is the ‘'widely advertised and not to be mentioned on this thread' other path ?
Can you elaborate please as I’m in the same boat
Thanks

[GUD]

do we have any other ex AML/SmartPay employees in the forum?

Ive been trying to speak directly with them to get some clarity on loans etc regarding settling but no longer being a paying customer means this is proving to be quite difficult

Emails and replies are much the same.

I used SP in the past. you can PM details to discuss.

[cojak]

Which one?

They keep might be referring to Montpelier, but I’m not sure.

I think MP have been asking for 10% of their loans to be repaid, but that’s not through a court order.

[cojak]

A loan is a loan. If it isn’t then it’s disguised income.

[RoGeorge]

Don’t know, sorry. Any court ruling in a trust’s favour forcing a contractor to pay back loans that they themselves financed would be extraordinary.

I agree but can't these crooks hire a debt collection agency to collect the debts like normal loans or is it something not forcible in this scenario???

Or at least do that to scare us and try to grab some more cash out?

What are their options to enforce this? We were told that trust will need to act in our best interest. God knows how true is that?

[Runster]

Which one?

Don’t know, sorry. Any court ruling in a trust’s favour forcing a contractor to pay back loans that they themselves financed would be extraordinary.

[RoGeorge]

Apparently, 1 scheme in 100 has tried that, and failed.

...if the Scheme provider (trust) demand the repayment what options do we have?
Since some of the new scheme's loan agreement are kind of very commercial looking where provider also completed compliance procedures for loan?

[jazzyg]

Apparently, 1 scheme in 100 has tried that, and failed.

Which one?

[Runster]

The Scheme provider has to agree to write off the loan. If they start behaving funny and asking for money back you will probably need a lawyer to show that arrangement was sham and why you will not pay it back.

Apparently, 1 scheme in 100 has tried that, and failed.

[jazzyg]

HMRC won't.

The Scheme provider has to agree to write off the loan. If they start behaving funny and asking for money back you will probably need a lawyer to show that arrangement was sham and why you will not pay it back.