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    • I've also seen it mentioned that the two parts of Ireland becoming closer is concerning HMG.   And that NI still coming under EU rules for trade could be showing that it's better to be in the EU than in Brexit Britain. If people start to think it shows Brexit isn't working, that's going to be a problem for Johnson et al.
    • You won't be able to bring a counterclaim unless you can produce a properly structured assessment of losses or costs or ancillary expenses and you will need to do this by producing at least written assessment et cetera as I have indicated above. Two of them would be much better. A court won't entertain a counterclaim simply based on your own speculation as to your possible costs. I understand very well that your preference would be to write off the entire job including all of the materials that were supplied and for you to recover your outlay for those materials but I think in order to do that you would have to show that you have acquired no value from those materials and once again I think that you would need an expert assessment which explained why the materials were completely wasted and that you would have to start from zero. You can be certain that the claimant will attempt to say that you have received value and in fact that the items which have been supplied or already installed can still be used. I'm afraid that because the attempt to arrange this contract as a cash only agreement inevitably invites the scepticism of the court, I think the court may well be open to consider arguments that the items which have already been supplied are of use to you. If you can get expert confirmation that the supplied materials are now of no use whatsoever, then you will also have to get a quote for uninstalling them and returning them to the claimant. This means that the whole thing is getting even more complicated. I do think that your best interests would be to discuss the matter with your new installer and to see what items which have been already supplied can be used to finish the project – and then to try and deal with the claimant in respect of those on the basis that the case would be withdrawn and everybody would walk away. I think it's time to start abandoning some of this rancour between you because it isn't helping and it won't impress anybody. Don't underestimate the disapproval that will be felt by the court when they get to know about the cash arrangement and this won't be helped by the fact that you then went ahead to try and get receipts. I understand very well that you say that you simply provided money and that in fact you were the purchaser of the items directly from the retailer – but there is no evidence for that and it would be an unusual arrangement and I think the court might express scepticism about that as well. I think we have to bear in mind your credibility in this – and I think that it is rather fragile at the moment. If you came up with a sensible business- like idea about how to put this one to bed and then put it to the claimant and also mention the fact that as he was involved in a cash only transaction, he also might find that he is incurring the displeasure of the court – particularly as he is the claimant, he might feel inclined to try and wrap it all up and bring it to an end. I think the next thing you must do is to get an expert report as I've already suggested above. You will need to do this anyway. If you don't have an expert report then even if you happen to win your argument that there is a breach of contract, the assessment of how much you win will be impossible for the court to decide. The court will absolutely want expert assessments. So you need an assessment as to the work which has been carried out so far and the work needed and costs involved to carry out the job. You need an assessment as to the usability or otherwise of the equipment which has been supplied. At least that for the moment. I don't think it is possible to do much more until you have this information. If you can get the information then we can decide what to do. Obviously I don't know anything about the subject, but I can't imagine that all of the equipment which has been supplied is useless. It could only be useless if you suddenly say that you want an entirely different system of gates – but on that matter, you are bound by your expectation in the contract and you would only be entitled to install a similar system using similar equipment.  
    • I wonder whether part of the UK issue with current NI protocol, is that it is enabling a better trading environment between Ireland and Northern Ireland.     Northern Irish businesses have anticipated import/export issues with Great Britain, so now trade with Ireland or via Ireland.   Apparently reports are that some Northern Irish businesses have seen an increase in trade. It is only businesses that mostly sell British fresh produce that have been affected by border controls  and even then, they could swap to local produce.   Agree that UK Government are using argument with EU as a convenient distraction, but also there must be a worry about increased risk of a united Ireland, as a indirect consequence of Brexit.
    • Fintan O'Toole has an article about the Brexit negotiations and what he thinks HMG's aims are.   Facing chaos and needing a scapegoat, the Tories seek an endless fight with Europe | Fintan O’Toole | The Guardian WWW.THEGUARDIAN.COM The EU’s proposals on the Northern Ireland protocol offered what business leaders wanted, but the prime minister prefers failure and grievance  
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HMRC demanding repayment of tax refund - Fast Tax Rebates Ltd again


Alvinsmalvin
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Hi Alvin,

 

Take time to carefully read the opinion offered above by @taxhelper as it may be your best way forward.

 

Please contact the police to complain you have been the victim of fraud at the hands of FTR and Alan O'Hara. You may need to be determined as the police may not want to get involved initially.

 

But once you do this and get a crime Ref No, you will be in a stronger position to deal with HMRC.

 

The same advice is being given on the other FTR case running here.

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Hi Alvin,

 

Please engage with us by keeping up to date with your thread here as this could be your best chance of challenging HMRC's claim for full repayment to them.

 

Have you contacted the police and given them all the info you can ?

 

Thanks.

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Hi, just to keep you updated. I have sent an SAR to HMRC and awaiting a response. 

 

I have reported this and got a Crime reference number. I am going to contact HMRC to appeal the decision.  They are expecting me to pay 12000 when I only received 4000. Am I doing the right thing?

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That sounds good to me, but see what people like Slick think.

 

How did it go with the police, did you see the local ones?

 

Edit: I've amended your thread title to show this is Fast Tax Rebates again, in case any other deceived clients are looking for information online.

 

HB

Illegitimi non carborundum

 

 

 

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  • honeybee13 changed the title to HMRC demanding repayment of tax refund - Fast Tax Rebates Ltd again

I have reported on the action fraud link above. They report it to the police too. Hope this is right. They have sent me a crime reference number which I am going to send to HMRC when I request an appeal.

 

I am going to get my colleagues to all do the same so hopefully this will create a bigger argument. I understand I should pay the £4000 as that's what I received. I dont think I should pay the other £8000.

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all good, though don't rush to pay HMRC anything yet, but be mindful that at some point, i conclude as you have, they'll want the £4k.

 

just for point of clarity throughout these recent threads, i would expect each of your mates as well as yourself? were asked to give a few mobile numbers of friends to these scammers at some point thats how you got dragged in?

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... 

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On 28/06/2021 at 09:35, Alvinsmalvin said:

Hi somebody from work gave my number to then.  Somebody called Claire rang me on my mobile  I dont have anything bar the emails of me sending my pics.

sorry yes i see now from earlier..i was on a small screen.

 

 

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... 

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Hi Alvin,

 

Please let us have info we need before you approach HMRC.

 

1. Have they sent you revised tax assessments, and for which years. 

 

2. What amount are they now demanding for each year.

 

A Crime Ref No is a start but you'll need to be far more pro-active about this. You need to contact the police again to find out exactly :-

 

3. What they are doing to recover your money (approx £8,000).

 

4. What they will do to trace the alleged fraudster(s).

 

5. When they will contact HMRC confirming the nature of the alleged.

 

Have you carefully read through post #26 above - if so, have you and all those affected, made individual complaints to Action Fraud. If you all contact the police and Action Fraud, you will improve your chance of not having to repay the full amount to HMRC.

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Hi. Yes they have sent revised tax assements. 

 

Year 17/18 £3539

Year 18/19 £5327

Year 19/20 £3443

 

I have reported it to action fraud. As have some of my colleagues. Still waiting to hear back from them..they have reported it to the police though. 

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Hi Alvin and thanks for the info.

 

The revised assessments for the 3 years will include info on what to do if you dispute the figures, including the date by which you should appeal. Make sure you meet this deadline and make it clear you're disputing all 3 years.

 

I suggest you put the following as reasons for disputing their figures :-

 

I dispute the amount demanded for the tax year 2017/18 (2018/19; 2019/20).

 

I have been the victim of fraud carried out by Fast Tax Rebates Ltd who made a tax repayment claim on my behalf and kept the majority of the tax repaid.

 

The matter has been reported to Action Fraud who will report the matter to the police. I am waiting to hear back from Action Fraud and the police but I have been given a Crime Ref No. if you require this.

 

In the meantime please postpone collection of tax demanded for the 3 years.

 

Do your best to put away money each week or month so, if you ARE required to repay some or all of the tax, you will be better prepared to offer at least something.

We could do with some help from you

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Thank you so much the exact amount I received from FTR was 4016 

 

Thank you so much I will do that tomorrow. The date on the letter is 1st August to appeal

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Sent email as advised.  They wanted to ring to discuss further but I confirmed I would like everything in writing.

 

Reply is below- 

 

Dear Alvinsmalvin,

 

The email you sent regarding the reason for the appeal is sufficient. 

 

I will send a letter to you next week and this will set out HMRC’s view of the matter.

 

The view of the matter has to be sent to you before an appeal or independent review can be considered.  If after receiving the view of the matter letter you then wish to continue with the appeal or an independent review I can ask for that to be done.  At that point I will arrange for the tax to be informally stood over.  Interest will still accrue and be applied if HMRC’s decision is upheld.  Please contact the time to pay helpline on 0300 200 3835 to discuss your payment options.  Any payments you make will reduce the interest.  If HMRC’s decision is reversed the payments you make will be repaid to you.

 

I understand you would prefer to deal with this via email. 

 

I am here to guide you through the process.

 

Kind regards

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Hi Alvin,

 

I've edited your post above - please hide personal data including name, address, etc.

 

Absolutely right - keep all comms in writing only !

 

Please confirm, did the person replying give a job title or position, or just their name. We don't need their name but tell us if they used a title or position, thanks.

We could do with some help from you

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Her email signature says-

 

 

Her name | ISBC | Complex & Agents |

Indv and small Business Compliance, HM Revenue and Customs, BX9 1LE

 

Don't know if that helps?

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  • 2 weeks later...

Hi,

 

Just an update. I have received a letter from my case worker outlining her view of the matter.  

 

The EIS claims made are invalid and because I have not disputed their decision to remove them I am liable to pay all tax paid to FTR.

 

It says I made a contractual arrangement with the agent who provided my personal information and it is not for the HMRC to judge the reasonableness of my decision to engage with an agent.

 

They empathise with anyone who have been misled about tax affairs but the responsibly lies with me. 

 

Is there a way to post the letter or send it to somebody for advise on my next step?

 

The next options are ask for an independent review. 

Appeal to the tax tribunal or withdraw my appeal 

 

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I am trying to copy and paste but it won't let me

Hi,

Just an update. I have received a letter from my case worker outlining her view of the matter.  

The EIS claims made are invalid and because I have not disputed their decision to remove them I am liable to pay all tax paid to FTR.

It says I made a contractual arrangement with the agent who provided my personal information and it is not for the HMRC to judge the reasonableness of my decision to engage with an agent.

They empathise with anyone who have been misled about tax affairs but the responsibly lies with me. 

Is there a way to post the letter or send it to somebody for advise on my next step?

The next options are ask for an independent review. 

Appeal to the tax tribunal or withdraw my appeal

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Hi Alvin,

 

Best if you take a pic or scan the comms from HMRC and post here as a PDF but hide any personal info.

 

Then we can advise a response to HMRC's last comms.

We could do with some help from you

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read our upload guide carefully

its all there

 

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... 

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Yes downloads are viewable.

 

The issue you will have with any further appeal to the tax tribunal, is that the grounds for appeal will be fairly narrow.

 

HMRC just see this as you have used an agent to handle tax returns and you should have taken more care in checking information.  So under the law, you are solely responsible for the repayment of the tax rebate amounts and it is up to you to take separate action against the agent.

 

If the law does not provide for alleged criminal acts by agents to be considered by HMRC when making decisions, then I am not sure the tax tribubal is going to be able to help.

 

 

 

 

 

We could do with some help from you.

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

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Hi Alvin,

 

Thanks for uploading the letter from HMRC.

 

We will take time to consider your options properly and come back with suggestions in the next few days.

 

 

We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Please confirm :-

 

1. Date you sent HMRC the SAR

 

2. Date of HMRC's letter rejecting the initial appeal.

 

We need to ensure you don't miss the date to tell HMRC your decision.

 

 

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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