Jump to content


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


Schipoo
 Share

Recommended Posts

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 

Link to post
Share on other sites

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.

  • I agree 1

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 !:-)

Link to post
Share on other sites

  • 2 weeks later...

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 ?

  • Like 1

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 !:-)

Link to post
Share on other sites

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 ?

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 !:-)

Link to post
Share on other sites

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? 

Link to post
Share on other sites

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.

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 !:-)

Link to post
Share on other sites

@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. 

Link to post
Share on other sites

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.

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 !:-)

Link to post
Share on other sites

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 

Link to post
Share on other sites

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

 

Get onto the police and make this THEIR responsibility !

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 !:-)

Link to post
Share on other sites

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).

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 !:-)

Link to post
Share on other sites

Have we see the exchange in the thread ?

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 !:-)

Link to post
Share on other sites

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 

 

 

Link to post
Share on other sites

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.

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 !:-)

Link to post
Share on other sites

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.

 

 

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 !:-)

Link to post
Share on other sites

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

 

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

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 !:-)

Link to post
Share on other sites

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 11th 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,

  • Like 1

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 !:-)

Link to post
Share on other sites

Hi Schipoo,

 

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

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 !:-)

Link to post
Share on other sites

Hi, yes I sent it on Tuesday, however the link they sent me to log it onto didn’t work, so I emailed it to my caseworker asking would she forward to correct department, who 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 screenshoted the error message. She then told me I would have to ring the helpline. 
 

Link to post
Share on other sites

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

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 !:-)

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...