Reply to: Trust Loan Agreements (terms 5-10 years) what are our legal options? (no BG please)

[HMRC made Atlas Shrug]

The crux of the matter here is "RETROSPECTIVE"

At the time, the advice or QC opinion you might have had would have been correct, in some instances, maybe not.. It's the government that need to be sued for changing the law due to them not being able to defeat or stop tax avoidance schemes. They had to take measures of going back i.e change the law

I agree but for, it is the individuals working and that worked in the Civil Service that caused and are still causing this. It is the individuals (and their gold plated pensions) that should be gone after due to their incompetence and corruption.

When most people speak about “government”, they think of the current party in government. I.m.h.o it is the constant (the civil servants) that cause most of this. Changing the government will not change how the criminals doing the actual harm, behave. This is properly documented, explained and reported in the 100% factually correct, true and accurate documentary about the Civil Service called, Yes Minister.

[HMRC made Atlas Shrug]

I have just settled and this is the last chapter for me, the actual loan.

Mine was with AML in 2012-14 and I have no idea what the terms and conditions or clauses were.
I am engaging with WTT at the moment to try and work it out and get them cancelled.

To be honest, this I had no clue of until HMRC gave me the settlement figure and I re-joined the forum to check progress before signing.

I also settled and I know this is an old post and someone may already have responded/answered and you may already (sadly) have hit this trap, but be aware. The moment your loan is released (written off), you may be (are) liable for IHT. So walk softly.

[bob19]

The crux of the matter here is "RETROSPECTIVE"

At the time, the advice or QC opinion you might have had would have been correct, in some instances, maybe not.. It's the government that need to be sued for changing the law due to them not being able to defeat or stop tax avoidance schemes. They had to take measures of going back i.e change the law

[QCApproved]

It's also necessary to understand what questions and context were given for the original opinion by the devisor or promoter as well as the opinion itself the former is important too - the instructions are the term I believe via a solicitor most likely.

The whole merry go round of kids leaving HMRC using their knowledge selling tax avoidance schemes based on legal advice from solicitors and Barristers who then might litigate against them in due course is a joke

[Finalwhistle]

Can we start posting these endorsements on social media from said "professionals" put on here and il get some social media activity going

There is a group who will do this for you.... https://www.hmrcloancharge.info
They are driving for media campaign.

You may also wish to speak to Scott Birchall from Smooth Commercial Law (www.smoothcl.co.uk ) with evidence of being advised (incorrectly) by a tax specialist. He will know what you're talking about and be able to discuss something with you that may be of interest...and no don't worry it won't cost you anything (trust me, it really won't). make the call, don't sit about feeling sorry for yourselves...its time to fight and make these people accountable for the sh1t we are now going through.

[Mrcurrey]

Yep - I have his written opinion - it was all above board according to him. Was I really expected to doubt one of the country's leading experts!

Can we start posting these endorsements on social media from said "professionals" put on here and il get some social media activity going

[starstruck]

Yes, and I have been told he is one of the best, and most expensive, and also he defended the rangers case.

From that I take it he is one of the big winners in this.

Yep - I have his written opinion - it was all above board according to him. Was I really expected to doubt one of the country's leading experts!

[Mrcurrey]

It's a melting pot of corruption. The irony leading tax lawyer who represented rangers was in major debts with hmrc and went bankrupt yet still practicing https://www.google.co.uk/amp/s/www.t...-tax-case/amp/

These are the same "tax experts" that drafted and "endorsed" the schemes. The employees / contractors have been truely screwed over by both sides !!!!! Unbelievable.

[Mrcurrey]

Yes, and I have been told he is one of the best, and most expensive, and also he defended the rangers case.

From that I take it he is one of the big winners in this.

They are all from the same bloody company pump tax chambers !!?? Whys no one suing these guys

[me206et]

Yes - Contracting Solutions/Horizon - Julian Ghosh QC, Pump Court Tax Chambers

Yes, and I have been told he is one of the best, and most expensive, and also he defended the rangers case.

From that I take it he is one of the big winners in this.

[Mrcurrey]

You're in a minority.

Yep

https://www.taxchambers.com/barrister/robert-venables/

Kevin prosser and Richard vallat qc

All apparently checked scheme as fine

[Loan Ranger]

Yes - Contracting Solutions/Horizon - Julian Ghosh QC, Pump Court Tax Chambers

You're in a minority.

[starstruck]

Has anyone ever seen a copy of the QC opinion for their scheme? Do you even know the name of the QC?

Yes - Contracting Solutions/Horizon - Julian Ghosh QC, Pump Court Tax Chambers

[Loan Ranger]

What like a QC.
Who appear to me to be in leagues with the crooks that got us into this mess in the first place. Imoo.

There are plenty of tax barristers and QCs who've had nothing to do with the schemes. In fact, many also represent HMRC, in litigation, as well as tax payers.

Has anyone ever seen a copy of the QC opinion for their scheme? Do you even know the name of the QC? All most people had was the say so of the promoter that they obtained an opinion and that it endorsed the scheme. The QCs may well have given caveats or identified risks that you were never warned about.

[RickG]

It might be worth clubbing together with others in the same boat and getting an independent legal opinion.

Easier said than done. The scheme promoter and the trustees are the only ones who could provide me with details of others.

Doesn't seem to be anyone on here with similar circumstances.