Jump to content


  • Tweets

  • Posts

    • Ok, my final draft…..   I would like to appeal the decision to strike out the tribunal below.   I sent my objection to strike out application to HMRC on 17th March 2022 (copy attached), Being an unrepresented tax payer I considered this was the right course of action, and the HMRC litigator (who was aware of my unrepresented status) did not advise me to send it to the Tribunal.    I was approached by Maxwell Accountancy specifically Alan Maxwell,  via a work colleague, to make a claim for expenses. They told me it would cover 3 tax years and was asked to call HMRC to open up years 2017/18, 2018/19 and 2019/20. I called into HMRC on 24.2.2020 to do so which are confirmed in the notes on my SAR. When Sandra Patrick from HMRC wrote to me on 23.2.2021 to ask for EIS certificates I had no idea what she was talking about.  I was then advised that FTR Ltd had claimed for EIS relief for 3 investments.  I did not give Fast Tax Rebates Ltd any such authority to carry out any work on my behalf.  I had no contact from FTR Ltd whatsoever. The suggests to me that Alan Maxwell passed on my information onto a third party without my knowledge or agreement.    The funds were requested to be sent to a nominated bank account given by FTR Ltd in a bank account in their name, I didn’t authorise them to do that, and i did not sign any tax returns or authority to receive any money on monies on behalf. subsequently, I found out 12 months later that I only received 1 third of the full amount paid out to FTR Ltd by HMRC.   My earnings in those 3 tax years wasn’t enough to justify making the investments FTR Ltd say I made.  The Ltd Co they say I invested in has the same director as FTR Ltd.  What was it that prompted HMRC to investigate my case?  Was it because the officer thought that the amount of investment outweighed what was possible on my salary?      I did not see, review or sign any form for any claim with Alan Maxwell of Maxwells Accountancy. Nor did I see any return from HMRC to say I had claimed to having made any investment under the EIS.  Nor did I see what was claimed by FTR Ltd.  The loss sustained by HMRC was brought about by FTR Ltd and they were facilitated by HMRC’s policy of pay now and check later.     I have recently learned of UK Statutory Instrument 2003, No. 282, PART 3, Regulation 8 - any information delivered by an approved method of electronic communications on behalf of any person shall be deemed to have been delivered by him unless he proves that it was delivered without knowledge or connivance. I had absolute no knowledge that fraudulent claim was being made by a third party receiving repayment of whom I had no knowledge.    The reasoning to overturn the closure notices dated 23.2.2021, refer to Section 8 of the taxes management Act 1970, and that the returns were not submitted in accordance with that provision. Therefore HMRC are not able to open an enquiry under section 9A TMA 1970, and by extension issue a Closure Notice under Section 28A TMA 1970.   There has been some very recent Tribunal Rulings which are very similar to my case, they refer to the same scam, and these were not Struck Out.  These are McCumiskey V HMRC on 12th April 2022 and Huntly V HMRC on 22nd April 2022.  In the latter Huntly was given permission to join 9 others in a Group Litigation being handled by a tax advisory firm. The McCumiskey decision shows that there is a reasonable prospect of success, and that my case is almost synonymous with theirs. This is in terms of the agency aspect, and that the agent that completed the returns was not actually engaged by me.    The amount of people who have now been affected by an EIS type fraud is prolific and I have been told that 1 officer has oversight of over 200 of these cases. Indeed there are other cases where they have not been struck out and have been successful in getting to Tribunal. 
    • can we see your particulars of claim please and the defence they filed.   how many miles did you travel in the car before the belt failed. when should the belt have been changed under the ford service schedule and do you have evidence it was?
    • Hey guys, I just want to check with yourselves if I don’t turn up to this hearing tomorrow will it be bad or not too important at this stage? I’m going to be on a stag do abroad that’s the only reason I’m asking 
    • Well yes that's a further option to raise at the hearing ...inform the judge the claimant has agreed to a settlement in principle by way of a TO. If the judge accepts that then there is no need to go into not informing the court of a change of address and not receiving the Notice of Allocation to the correct address...if he does not accept then you will have to just come clean.
    • Post hidden as all details are in file/properties. Please only use pdf. Read our upload guide carefully. Put everything in one mass pdf we need the 1st page with their particular s of claim too please Dx
  • Recommended Topics

  • Our picks

  • Recommended Topics

Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt***Claim Dismissed***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1511 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 157
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

that's good

smark cookie this sheriff.

your IA will further go toward bolstering his doubts they are liable to do anything more and run away.

 

looks like you might get some compo too!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 3 weeks later...

post 120

and let andy comment too

 

what are they on about..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I will draft you a a more detail response which you can submit in response......Cabot/Nolans now seem to think they are the creditor in this instance.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Cheers fellas.

I wonder if nolans thought because they read my response to both incedentals they assumed the sherriff had too?

And since sheriff never made an issue of it assumed they could still play that angle?

That would be great if you could andy

thank you.

Link to post
Share on other sites

  • 2 weeks later...

Give me a nudge when your ready to submit Gerald...I have not forgotten:wink:

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 2 months later...

Hi folks

nearly that time again any tips for court next week? :)

 

i have not received any post from nolans

 

i dont think they have submitted any new evidence

(i think i read it had to be in 10 days before the hearing)

 

that should mean no default notice and no signed agreement

 

hopefully the sheriff will go with the agreement not being executed properly?

 

cheers.

Edited by dx100uk
spacing
Link to post
Share on other sites

shame your left it till 2Am

 

you should have rang the sheriffs clerk today and asked .

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

go ring the clerk and tell them.....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

so just noticed a message from nolans on the answer phone looking to speak to me, lady on the phone left a number to call them back on tuesday, not sure how they got my number actually, think i should ring them? cheers

Link to post
Share on other sites

err NO!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Ok I won't bother! Although I wish I knew what they were ringing for!

 

Just off the phone to the sheriff clerk, they say nothing else has been submitted by nolans since last time I was at court.

Link to post
Share on other sites

theres no such thing as a diet of proof in an SPC claim..

 

just trying to frighten you me thinks..

 

did you not state to the clerk that nolads have failed to comply with the sheriffs orders of the date...

 

did yo file you IA too?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

the last IA was sent but got an email saying it was submitted too late, which led to the sheriff telling them to ask for a hearing if they wanted one which they did but on the understanding they didnt think a default notice was needed.

 

only asked the clerk if any more evidence was submitted.

Link to post
Share on other sites

and your IA is too late this time too.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Whatever type of civil action is raised, it is likely that hearings will take place before a date is fixed for a proof. These hearings will assist in clarifying the issues in dispute. A diet of proof is where a sheriff will hear evidence in the case and, in the case of an ordinary action, will issue a written judgment.

 

Where actions are summary cause or small claims a sheriff may give his/her decision verbally from the Bench at the conclusion of the proof diet.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks Andy not sure why nolans think I need to discuss a diet of proof then! This is the written orders calling for the hearing.

 

When requesting the hearing they said a default notice isn't required if the creditor is only seeking arrears, but like you said Andy, they aren't the creditor so I think I'll be fine with that along what you said dx, about jd defaulting me on 2/6/16 and assigning debt on 7/6/16 not giving the required 14 days.

New Doc 2018-03-22.pdf

Link to post
Share on other sites

" its is the parties responsibility to lodge evidence and bring witnesses to court in accordance with the Simple Procedure Rules "

 

A diet of proof

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...