HMRC asking me to repay Fast Tax Rebates Ltd scam rebate

[dixon2094]

Hi all,

 

Sorry for delay - I've been working non-stop but just got a bit of time now to update you.

 

Essentially, the hearing lasted 10-15 mins and was in relation to HMRC's strike out application. In summary, the Judge finally refused their application as they don't see any clear or obvious reason to accept the strike out, and so now my appeal progresses on.

 

The notes I prepared, etc, weren't required so I will save them for later. I didn't really need to say anything as it was more for HMRC to provide definitive reasoning behind their application, which they couldn't, hence the Judge's decision.

 

Please see attached for PDFs for next steps, etc.

Directions.pdf

[slick132]

Hi Dixon - this is good news, that the strike Out Application by HMRC has failed.

 

I'll look through the PDF's properly in due course but I note the Judge's timescale suggests this could be heard between April and August 2023 so no quick resolution !

[honeybee13]

Thank you for the update, Dixon. You're over that hurdle then.

 

HB

[dixon2094]

Yes that's right.

However, I presume that's also more time for me to prepare and others to potentially help find useful information, and perhaps other articles/outlets to feature reports/Government meeting updates, etc.

Also, I understand my interest on the amount "owed" to still be paused, pending outcome of this appeal, so I can't see any problems my side - unless I'm wrong?

[honeybee13]

From a quick read of the pdf, you'll have things to do for November. Let slick have a read though.

 

In the meantime, as you say, search for anything you can find and hopefully other people who are affected will do the same.

 

HB

[slick132]

10 hours ago, dixon2094 said:

Also, I understand my interest on the amount "owed" to still be paused, pending outcome of this appeal, so I can't see any problems my side - unless I'm wrong?

No Dixon, that's wrong.

 

Normally any tax that you have to repay will attract interest from the date of HMRC's Determination assessments, ie last year.

 

Planning ahead, at least make provision if you can to repay the tax rebate that you received from FTR. Any extra you can save on top can go towards the interest element.

 

But also bear in mind that you could be required to repay the FULL amount that HMRC repaid to FTR, plus interest.

[dixon2094]

Hi all,

 

Hope you're all well. Just as an update, HMRC sent this last month to myself and Tribunal but I don't have a response (I presume the Tax Appeals response would also CC me).

 

Does this mean it's NOT been accepted?

 

PS: it's interesting the nature of why they're asking for an extension... 

 

PPS: I presume there's nothing I need to do until HMRC has sorted there side?

Application for Extension of Time.pdf

[Rob Carr]

Hi Dixon, have you seen my thread? 
 

 

I got the same email a few days ago. 

[dixon2094]

Ahhh, interesting.

 

It seems HMRC are really second-guessing their approach here.

[slick132]

Hi Dixon,

 

Contact HMCTS and seek confirmation that the FTT has accepted the Application to Extend and ask why you've heard nothing more about this.

[dixon2094]

Hi, I sent this to the FTT and CCd HMRC on Tuesday; still yet to receive a reply.

 

Surely they should’ve acknowledged HMRC’s application for an extension, whether it was acceptance or rejection?

 

Hi,

Please can you confirm if HMRC’s application for an extension of time was accepted?

I’ve not heard anything via email or phone relating to a decision, so I’m not sure what’s going on.

Thanks in advance,

[slick132]

Hi Dixon,

 

I'm sure you'd have heard if there was any issue. The silence suggests to me that the extension was or will be granted.

 

To confirm, try calling HMCTS if you can.

[dixon2094]

Hi, please see attached HMRC's Statement of Case.

 

Do I need to do anything now - does this change anything? It's been a long while since the last hearing.

 

PS: the Tribunal did grant the extension in the end.

 

20221014 Statement of Case.pdf

Edited December 18, 2022 by dixon2094
PS

[slick132]

Hi and I'll read and respond fully asap - in next couple of days

 

[dixon2094]

Thanks slick. A load of it seems repetitive insofar what I've already told them multiple times, but then again, this is their "overview" I presume.

[slick132]

Hi Dixon,

 

The submission is their Statement of Case referred to in the FTT's Directions dated16th August 2022. It was due to be in by 17th October but HMRC Sol'rs asked for a 2 month extension to 16th December.

 

I assume all the dates in the Directions of 16th August should be put back 2 months and you'll need to comply with each stage of those Directions to stay in the process.

[dixon2094]

Hi slick, I've emailed Tax Appeals and said:

 

"Following HMRC's Application for an Extension of Time and recent Statement of Case PDF, please can I be provided with updated Directions for myself with updated/accurate deadlines?"

[slick132]

Yup, good idea ......

[dixon2094]

Hi, please see attached the updated directions - the next "deadline" I believe is 27th Jan which is Friday, however, do I need to send anything across?

 

Everything I've sent, is included within their file isn't it? Unless there's anything else now I can include, which may be useful?

Directions updated.pdf

[slick132]

Hi Dixon,

 

I'm not aware of anything further you need to send to HMRC's litigation dep't or the FTT.

 

You'll have seen my remarks to Schipoo, I hope, about the appeal process heading towards the more formal stages ......

[dixon2094]

I've not unfortunately - are you able to link me or paste here?

[dx100uk]

you've been following that thread since lasy year. dixxy...

[dixon2094]

sorry lol i've not been actively keeping up to date with it - i've been in hospital for surgery since Oct and only getting round to existing things like this needing updates.

 

FYI: this was sent by HMRC yesterday:

 

Quote

 

In accordance with Tribunal directions dated 7 December 2022 please find attached HMRC’s list of documents.

You will note that these are the same documents that were included in the bundle for the strike out hearings.

Can you please provide details/copies of any additional documents that you would like included in the bundle on or before the Tribunal deadline of 27 January 2023.

I can confirm that a copy of the list of documents has been sent to the Tribunals Service.

Kind Regards

 

 

 

[FTMDave]

Open.

[dixon2094]

Sorry for the massive delay, I'm due to go back into hospital for surgery on 26th Sep 2023, so my mind has been elsewhere.

I have an update provided by the Tribunal, sent on 11th Aug 2023 which I've just seen in emails.

1 - see attached PDF "Letter to Me".

I believe this is in relation to me still needing to provide a Witness statement. Please can somebody help with what I need to provide here? It's passed the 14 days, but I'm sure I'll be okay if I get a response to them today.

Contained within the "Letter To Me" are details re a "Case of Robson", which contains precedence for a likewise case in relation to mine, in which the appellant won and the Tribunal accepted their appeal.

 

2 - see attached PDF "Full Directions".

This is the full log and event for the Directions and proceedings. Just so you can see where things are up to and what's due to come across the next few weeks/months.

 

Robson v Revenue And Customs (DISCOVERY ASSESSMENTS - EIS - whether taxpayer responsible for actions of fraudulent agent) [2023] UKFTT 226 (TC) (02 March 2023)

WWW.BAILII.ORG

 

Quote

 

81.         I concluded that CLAC was the not authorised agent of Mr Robson. That being so, the return cannot be deemed to have been submitted on behalf of Mr Robson. As s29 TMA requires the filing of a return the statutory requirements are not satisfied.

CONCLUSION

82.         For the reasons set out above, the appeal is allowed."

 

 

 

Full Directions.pdf Letter to Me.pdf