HMRC Court Claim seeking Tax Scam repayment - Fast Tax Rebates Ltd - **WON Hearing Vacated Tribunal closed its file**

[honeybee13]

As far as I can see, anyone can set themselves up as a tax consultant and you don't need any professional qualifications.

 

The EIS thing isn't clear to me. From memory, there is a list of authorised EIS schemes but HMRC won't release it.

 

Also, no money changed hands, it was a ruse by FTR to make money. I can't imagine Cryoblast/Cryoblast Solutions planned to issue any certificates to 'investors'.

 

HB

[Schipoo]

My concern is that if I don’t submit anything new the review will come back with the same response as my caseworker. 
I will go back to the police and do all I can but until others start making noises with the relevant people I’m going to be ignored..

[honeybee13]

What would be great is if @Blog81 could let us have the name and contact details of the investigating officer in Northumberland.

 

HB

[slick132]

Hi Schipoo,

 

I understand your concern but the deadline is a long way off and I hope, by then, progress will have been made.

 

You may have to be persistent with the police but stick with it.

 

What police authority do you live in ?

[slick132]

3 hours ago, unclebulgaria67 said:

I may have misunderstood some information, but I thought FTR had been recognised by HMRC for them to be able to submit EIS related tax rebate claims.

 

If this is correct, surely FTR must have some registration with an appropriate professional body ?

I doubt this is the case as the EIS relief was claimed by FTR using each taxpayer's Gov Gateway tax account but HMRC had no idea at the time that the claim was filed by FTR and not the individual taxpayer.

 

Acting in this manner, FTR had no need to be registered with or recognised by HMRC or a professional body - they were not acting as a tax agent.

[Schipoo]

19 minutes ago, slick132 said:

Hi Schipoo,

 

I understand your concern but the deadline is a long way off and I hope, by then, progress will have been made.

 

You may have to be persistent with the police but stick with it.

 

What police authority do you live in ?

Lancashire 

[slick132]

Ok, get onto them as per my post #89 above, made 12 hours back.

[Schipoo]

Hi everyone ,

ive had this back from my review request and it isn’t good news….

20211011_S Hodgson_Conclusion Letter[1140].pdf

[dx100uk]

and someone is in the Bahamas laughing their socks off with a few £100k they got from all they scammed.....

 

dx 

[unclebulgaria67]

These people conducting the EIS scams are probably very aware of all of the legislation that applies and will be aware that the clients they have assisted will owe HMRC the full amounts.

 

It stinks and in my opinion HMRC will allow it to go to Tribunal and argue for years to come, that they have correctly applied the law.  And Treasury ministers are unlikely to offer any assistance.

 

 

 

 

[slick132]

Hi Schipoo,

 

You have 30 days to submit further objections - make sure this does not catch us out and come back to remind us 7 days before the deadline.

 

What progress have you made in contacting the police ?

[honeybee13]

I'm sorry about the reply you've had, Schipoo. To my mind, HMRC aren't covering themselves in glory over this.

 

As Slick says, contacting the police and your MP [as Dixon did] is something you can do about this right now.

 

HB

[Schipoo]

I have done everything I can, they are hanging on to the fact that I gave Maxwells access to my gateway account and told hmrc I was opening up the previous tax years to file a rebate for expenses. Not that Maxwells then submitted something completely different which I’d need to give hmrc proof of with me not having a clue what EIS is!

ive sent the MP a copy of the response asking for urgent help. 
The police aren’t really interested, just telling me to go to action fraud which I have already done 

[honeybee13]

I know I've said it before but it would be really helpful to know who in Northumberland police is looking into this, so that all the cases can be directed to them. I see Slick asked @Blog81for an update last week but we haven't heard anything yet.

 

HB

[Schipoo]

To be honest I think that’s a case of crossed wires because when I heard about that I called Northumbria police and they didn’t know anything about it. Plus the number that was given wasn’t a crime number it was an action fraud number as it’s very similar to mine 

[slick132]

You need to be insistent with the police - don't let them fob you off with, "You should report this to Action Fraud".

 

Insist on speaking to CID; if you continue to be blocked, ask why they're refusing to investigate a scam that may well have netted hundreds of thousands of pounds for the perpetrators; tell them you'll escalate your complaint to seniors if necessary; tell them you were not aware of what Maxwell/FTR were doing and they abused the access you gave them; tell them you are one of many victims and will do whatever it takes to have this investigated properly.

 

If that fails to get the response you deserve, complain to your MP with very brief details of the scam and the police's failure to investigate.

 

Unless you get more pushy, you'll have no chance of disputing HMRC's claim for repayment of the full amount.

[slick132]

Hi Schipoo,

 

1. HMRC suggest you were complicit in the fraudulent claim of tax relief to some extent, evidenced by you providing Maxwells with documents, information and access. Do you still have a copy of all emails and text msg comms with Maxwells/FTR ?

 

I ask because we've seen this in Dixon's case and we can seen virtually nothing said in comms about EIS being claimed - only FTR telling Dixon to back off and leave FTR to deal with it all.

 

So let us know if you have all comms available to review.

 

2. HMRC say about EIS - " in order to claim this relief, the individual needs to have made a qualifying investment in a company, the company is required to submit forms to HMRC and HMRC needs to issue authorisation for compliance certificates to be issued to the investors, which enables any relief to be claimed "

 

So I suggest, when replying to challenge the latest decision, you ask: -

 

Referring to your comments about EIS relief, please confirm if HMRC issued authorisation certificates for the EIS company for which tax relief was given.

If no such certificates were issued to the company or investors, surely HMRC was premature to allow such relief without sight of proof of investment, given the relatively rare nature of EIS relief claims.

 

3. Under the heading Travel & Subsistence, HMRC says - " I cannot see how it would be a reasonable expectation for you to conclude that any expense claims made on your behalf could be accurate "

 

The answer to that could be - "I engaged Maxwells as tax experts and had no reason to doubt or question their advice or their actions."

 

Any Joy yet with the police ?

[Schipoo]

Hi

Yes I still have the emails that I provided to Hmrc. 
No joy with police yet, but I’ll keep trying. 
Shall I upload the emails? 

[slick132]

Hi Schipoo,

 

No need to upload the comms for now.

 

But can you confirm if Maxwells/FTR made any reference to an EIS investment, or anything specific relating to a possible tax refund.

 

What stage are you at with the police ?

[Schipoo]

Hi

ive just checked through again and nothing at all was mentioned about EIS or a tax rebate, I mention a tax rebate when I asked for an update. 
I’m still getting told to speak to Action Fraud as they’re specialised to deal with this kind of thing. Do you think I should email them again? 

[slick132]

Thanks for checking on that.

 

No, Action Fraud have simply noted the report but appear not willing or able to help you personally.

 

That's why forcing the issue with the police remains an important step if you can do it. If the police are again telling you to report to Action Fraud, I would go back to the police and say they should not just leave this to AF. Instead, they should investigate the crime you allege was committed against you by Maxwell/FTR.

 

I would tell them you'll make a formal complaint if they continue to refuse to investigate.

[Schipoo]

@slick132

I am reviewing all the correspondence from HMRC and have noticed that in the last letter that was sent to me when saying I had 30 days to submit further information to support the request for review I was advised on here that it wasn’t the time to go into all the info on the directors and Limited companies I had, so therefore I didn’t, and that is noted in their response.  I am concerned now that went against me. 

[slick132]

Hi Schipoo,

 

I don't share that concern.

 

HMRC's appeal process deals just with your appeal against the determinations for the relevant tax years and the tax they now seek to recoup.

 

In dealing with YOUR tax affairs, HMRC is uninterested in Maxwells/FTR or their directors/employees. This is onfo you need to pass on to the police.

 

We may bring the points I made in post #108 above to the attention of HMRC in the appeal process, suggesting they failed to act with due diligence but this may be ignored anyway.

 

Get a meeting with the police and have the info ready to pass on then.

[Schipoo]

I have also had an email from the MP which basically says I am liable to pay it all back, that hmrc aren’t breaking any laws in laying the liability at my door and wouldn’t have any clue what agreement I would have had with FTR or what share each party would get. It also has an email from the Insolvency Service and acting director Steve Timewell at HMRC basically saying thanks for the heads up, we’ll ensure no one else gets scammed but you’re still liable 

[slick132]

......... none of which is surprising but this changes nothing.

 

Get onto the police and make this THEIR responsibility !