HMRC seek repayment after Fast Tax Rebates Ltd take most of rebate

[Schipoo]

So my deadline is a week on Thursday, what do you suggest I put in my response?

[slick132]

Hi Shippoo,

 

Thanks and please keep reminding us here as necessary re the deadline.

 

Can you remind me, was there any signed agreement, acknowledgement or consent when you first contacted Maxwell/FTR.

 

If so, can you say what it was exactly and which post we can see it in (if it was posted earlier in the thread).

[Schipoo]

No, there wasn’t a signed agreement. I just got an email with the list of things they needed

[slick132]

Have we see the exchange in the thread ?

[Schipoo]

No….I offered but you said leave it for now. 
This was our very first contact email 

 

From: Allan Maxwell <[email protected]>

Sent: 14 January 2020 02:41

To: 

Subject: Fact Find 

 

Hi XXXX

Please complete and return 

 

What we need from you

Who introduced you ? 

Name

Full Address and postcode

Date you moved into your address

Date of birth

Clear copies of your 2017/18 and 2018/19 P60

Mobile number

National Insurance Number

Have you been self employed before Y/N

If yes

Do you have unique tax reference number  ?

Do you have a government gateway account ? if Yes

What is the gateway number and password 

 

Mr Allan Maxwell Esq.

Maxwells Accountancy Limited 

Corbridge Business Centre

Tinklers Yard 

Corbridge 

Northumberland 

NE45 5SB 

 

Mobile 07415 113397

Office 01434 634121 

 

 

[slick132]

Thanks and, as I said, get back here to remind us - Monday will be good as long as you have an email address to reply to HMRC's Litigation team.

 

I reckon the deadline is actually Weds 10th Nov - 30 days from 11th October.

[slick132]

Hi Brad,

 

Read through the threads for Dixon and for Schipoo as they're both ahead of your case.

 

You should find good pointers in the threads but ask here if you're still unsure of what to do next.

 

Do you have copies all all exchanges (texts or emails) between you and FTR ?

[slick132]

Hi Schipoo,

 

I have already raised the points I think are relevant so I'll suggest a reply for you to send to HMRC tomorrow, 8th November.

 

If you have any points you think are relevant, post them here so I can consider them for inclusion.

 

 

[Schipoo]

Hi, what do you suggest I send for my appeal?

[slick132]

Working on it .........

 

Bear with me and I'll try to post a draft tonight.

[slick132]

Hi Schipoo, Go through this carefully and ensure you agree with what I suggest, or amend it as necessary.

 

Dear [sir or madam],

 

I refer to your letter of 11^th October and must raise the following points in response :-

 

1.     Under your heading Travel and Subsistence you say, “Without providing such information to your agent, 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.”

 

I used a tax specialist and assumed they knew what they were doing. You have seen the communications - I was told very little about what allowances were being claimed and had no reason to question what was being done.

 

2.     Under your heading Authorisation you say I engaged the agent, provided documents and information and accepted money from them. But it does not follow that I was happy with the arrangements – the simple truth is that I was told nothing about the refunds I received so had no idea of the amounts repaid by HMRC, or paid to me.

 

2.     Furthermore, under your heading Amount to be repaid you say, “You have been misled by the agent you engaged but did receive the agreed proportion of the repayment.”

 

This is wrong - I was not told about the amounts that were being reclaimed by the agent via my HMRC account and knew nothing of the percentages being paid to me.

 

3.     Under your heading The decision – EIS relief disallowed you refer to the relevant legislation, namely Section 157 ITA07 and Section 203 ITA07.

 

Regarding s.157 ITA07, were any share certificates provided by the agent to support the claim – if so, please provide copies to me. No copy was sent to me in response to my DSAR sent to HMRC.

 

Regarding s. 203 ITA07, you summarise saying, “…….  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.”

 

Please confirm if HMRC issued authorisation certificates for the EIS company for which tax relief was given and supply copies of any relevant documents submitted in respect of the relief claimed.

 

4.     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.

 

5.    If the tax returns were submitted to HMRC by myself with no agent involved, why was HMRC so willing to make refunds to a nominated agent - did this not appear strange !

 

I appreciate that some of these points may not technically qualify as reasons to appeal the tax or delay payment thereof to HMRC. However, I feel HMRC are failing to acknowledge that we are both (myself and HMRC) victims of the fraud carried out by Maxwell/FTR Ltd, who used my Self Assessment account for their own purposes and financial gain.

 

Finally, I am most unhappy that your response effectively treats me as a knowing participant in the fraud, yet I see nothing about HMRC taking action against Maxwell/FTR Ltd who I believe are responsible for defrauding perhaps 20 other individuals that I now know of.

 

I continue to try and involve the police in this matter but they seem as unconcerned as HMRC in bringing the true perpetrators to account.

 

Yours faithfully,

[slick132]

Hi Schipoo,

 

No word from you but I'm hoping you got this letter fired off to HMRC already ?

[Schipoo]

Hi,

yes I sent it on Tuesday,

 

however the link they sent me to log it onto didn’t work, I emailed it to my caseworker asking would she forward to correct department, said she couldn’t deal with it and was very awkward with me telling me to try again as that’s how it is submitted.

 

I told her that I had tried 3 times and screenshotted the error message.

She then told me I would have to ring the helpline. 
 

Edited January 18, 2022 by dx100uk
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[slick132]

If you haven't already done this, send a printed copy of your letter to :-

 

Solicitor's Office and Legal Services Reviews and Litigation

S1755 NEWCASTLE

NE98 1ZZ

 

Send it 1st Class (if you can, post it at a post office and get a free Certificate of Posting to keep) with a covering letter saying :-

 

Dear sir or madam,

 

I tried to email my reply to you using the link provided but this didn't work and the caseworker I contacted was unable/unwilling to help me at all.

 

I therefore now enclose a copy of my reply which I trust you will consider with regard to my case.

 

Yours faithfully

[Schipoo]

Hi - just an update on the last post - I wrote to the solicitors office and have proof of postage but I haven’t had any acknowledgement or response. 
 

 

[Schipoo]

I have also sent another email today to Northumbria Police urging them to look into this case, see below

 

Hi

 

I am writing again because I have not received a response regarding this matter.

 

I called Northumbria police also and it seems you do not know anything about this case, but this isn’t what we are being told by Action Fraud and the NFIB.

 

There are many many people who have been scammed by this company who are based in Northumbria and this matter needs to be taken seriously.

 

I am at the tribunal stage with HMRC and don’t have much time left before they reach a final decision.

 

This is going to cripple me to repay the money Fast Tax Rebates Ltd have stolen by fraud. 

 

Please would someone come back to me ASAP it is now a matter of urgency. 

Edited January 18, 2022 by dx100uk
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[Schipoo]

I have also received the attached files from the tribunal 

 

2022-01-12 HMCTS Ack Notice of Appeal.pdf 2022-01-12 HMCTS resp decision Notice.pdf

[slick132]

Hi Schipoo,

 

I've already said this several times to users here - improve your chance of NOT being ignored by visiting the police station in person and making a formal complaint with details about FTR Ltd and the people involved.

 

I'll come back about the letters from the Tribunal over the weekend.

[slick132]

Hi Schipoo,

 

In the 2nd document above from HMCTS, it starts by referring to 3 items attached, namely :-

 

Appeal/Application

Respondant Decision Notice

Supporting Documents

 

I assume the 2nd item is the first PDF posted above but please confirm.

 

If there are any other documents, can you post them up, redacted.

 

I'm not experienced in this appeal tribunal process but we'll do all we can to support you. However, are you prepared to follow guidance, submit documents/replies in the manner we suggest and meet any deadlines. Please confirm.

 

At the risk of repeating myself, any joy yet in visiting the police ? Of all the issues likely to affect your case, I think this is crucial.

[Schipoo]

Hi

there weren’t any attachments with either of the letters. 
Do I need to confirm back to them that I am happy to communicate via email?

I am happy for any guidance. 
 

Re the police, I’m no further forward. Local police refer to Northumbria Police and them to Action Fraud 

[slick132]

Re the police, was this contact in person or by phone ?

 

Yes, you should reply confirming your email addy but I'm thinking also of possibly objecting to them deciding if they'll accept your "late appeal".

 

Bear with me but come back 3 or 4 days BEFORE the 14 day deadline so we don't miss it. I'll seek advice on this.

[Schipoo]

Hi

 

Just received another email today regarding the tribunal 

 

2022-01-18 HMCTS Appeal Allocated.pdf

[Schipoo]

21 hours ago, slick132 said:

Re the police, was this contact in person or by phone ?

 

Yes, you should reply confirming your email addy but I'm thinking also of possibly objecting to them deciding if they'll accept your "late appeal".

 

Bear with me but come back 3 or 4 days BEFORE the 14 day deadline so we don't miss it. I'll seek advice on this.

I contacted the police via phone and email. 

[slick132]

Surely a visit is worth trying seeing no other contact has worked so far.

 

 

[Schipoo]

I will do that this weekend. 
 

the email received today is a result of the letter I sent to the Solicitor's Office and Legal Services Reviews and Litigation on your recommendation.

 

What you suggest my response should be, and should it be the same response I give when replying to the tribunal emails?

Edited January 18, 2022 by dx100uk
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