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    • 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
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edinburgh_al v Barclaycard **WON**


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As no one seems to be having much luck getting statements under the DPA, I decided to pay for the few that I am missing for the last 4 years. Thus have requested 6 duplicate statements for a total charge of £18.

 

Once I have these I will have full coverage for the last 4 years and will make an estimate for the previous 2 years.

 

Barclaycard are still quoting up to 35 days however which I think is a disgrace.:mad:

I can confirm that I've ordered the copy statement/s you requested. Due

to the age of the statement/s you require, we will need to retrieve

it/them from our National Records department so please allow up to 35

days for delivery

edinburgh_al vs Barclays

 

28-11-06 Preliminary approach for repayment

11-12-06 Received Offer of £440 Against £925

14-12-06 LBA

28-12-06 Barclays state unwilling to accept compromise

25-01-07 Summary Cause Claim Filed for £1117.

04-04-07 Return date passes with no word from Barclays

03-05-07 Decree received form Court. Letter to Barclays requesting payment by 11/05.

11-05-07 Barclays settle in full

 

edinburgh_al vs LTSB Scotland

 

21-11-06 Preliminary approach for repayment

14-12-06 Letter Before Action

28-12-06 Claim Settled in Full £759

 

edinburgh_al vs Barclaycard

 

27-02-07 Sick of waiting for statements. Small claim filed for £636 based on estimated charges.

06-03-07 Immediate response from BC stating that they will defend the claim.

11-05-07 BC offer to settle in full.

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  • 5 months later...

I have a Small Claim [in Scotland] pending against Barclaycard which was based on estimated charges. Barclaycard have advised that they intend to defend the claim - calling date is 22/05.

 

Since filing the claim, I have received the missing statements and do therefore have an accurate figure.

 

Can anyone offer advise on whether I should make an incidental application to alter the amount of the claim?

edinburgh_al vs Barclays

 

28-11-06 Preliminary approach for repayment

11-12-06 Received Offer of £440 Against £925

14-12-06 LBA

28-12-06 Barclays state unwilling to accept compromise

25-01-07 Summary Cause Claim Filed for £1117.

04-04-07 Return date passes with no word from Barclays

03-05-07 Decree received form Court. Letter to Barclays requesting payment by 11/05.

11-05-07 Barclays settle in full

 

edinburgh_al vs LTSB Scotland

 

21-11-06 Preliminary approach for repayment

14-12-06 Letter Before Action

28-12-06 Claim Settled in Full £759

 

edinburgh_al vs Barclaycard

 

27-02-07 Sick of waiting for statements. Small claim filed for £636 based on estimated charges.

06-03-07 Immediate response from BC stating that they will defend the claim.

11-05-07 BC offer to settle in full.

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Well I sent of the Incidental Application the other day however BC have now offered to settle in full based on my original estimated claim.

 

There is little difference in the two amounts so I will therefore be accepting their kind offer. :)

 

Cheers!

edinburgh_al vs Barclays

 

28-11-06 Preliminary approach for repayment

11-12-06 Received Offer of £440 Against £925

14-12-06 LBA

28-12-06 Barclays state unwilling to accept compromise

25-01-07 Summary Cause Claim Filed for £1117.

04-04-07 Return date passes with no word from Barclays

03-05-07 Decree received form Court. Letter to Barclays requesting payment by 11/05.

11-05-07 Barclays settle in full

 

edinburgh_al vs LTSB Scotland

 

21-11-06 Preliminary approach for repayment

14-12-06 Letter Before Action

28-12-06 Claim Settled in Full £759

 

edinburgh_al vs Barclaycard

 

27-02-07 Sick of waiting for statements. Small claim filed for £636 based on estimated charges.

06-03-07 Immediate response from BC stating that they will defend the claim.

11-05-07 BC offer to settle in full.

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Fantastic! enjoy the money :)

If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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