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


Schipoo
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How do you prove that ?

 

Throughout this process, you've always made it clear to HMRC that you knew nothing about the EIS relief that was claimed on your behalf and I've not seen them challenge this.

 

So this has to be worth a try, particularly as it's likely the formal appeal process is going to fail.

 

We need to consider how best to present this to HMRC and/or the Tribunal - if you've not heard back from me by 23rd Feb, remind me.

 

What's the latest with the police and have you visited the police station yet ?

 

Reminder (for me) :-

 

1 - With all they know about your case and others, why have HMRC not considered this Regulation 8 as a way to reduce what you must repay.

2 - HMRC Sol'r says much about relief being claimed but not due, which no one denies. They say you failed to provide EIS Cert (obviously)! But they make no reply at all re your Q's about whether the EIS Scheme that was claimed for was actually recognised by HMRC.

3 - Time limit to reply to the Strike Out Application. 

4 - "HMRC consider the Tribunals’ jurisdiction is limited to whether HMRC were correct to reject the Enterprise Initiative Scheme (EIS) claims for relief." But could the Tribunal decide if HMRC are correct in ignoring Reg 8 which could affect how HMRC regard the submissions made on behalf of Schipoo by Maxwell/FTR.

Edited by slick132
corrected to "Strike Out"; Memo added

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On 12/02/2022 at 09:40, unclebulgaria67 said:

Last post temporarily hidden. Checking whether MP's letter details can be made public without redaction.

Did you check this?

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Yes, all noted re the letter.

 

Have you made progress contacting the police ?

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You may also find useful information in the following link :-

 

 

WWW.TAXWATCHUK.ORG

If you want to find out more about TaxWatch, our research, have something to share with us or just want to say hi!, you can contact us using the...

 

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  • 2 weeks later...

Just to update here .........

 

Schipoo sent me (by PM) their draft response to send to the Tribunal, for me to look over.

 

The following post was my reply to Schipoo ............

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Hi Schipoo,

 

Thanks for taking the initiative and drafting your submission.

 

My concern is that you've relayed pretty much the whole story from start to finish - but this is not of concern to the Tribunal.

 

The Tribunal is there to decide if HMRC have followed the relevant Taxes Acts and Regulations properly. And, strictly speaking, they have done that.

 

I think you best bet is to use this opportunity to say some or all of the following  :-

 

1. I was not aware that Max Tax or Fast Tax Rebates Ltd were using my tax account to commit fraud.

 

2. I have recently learned of UK Statutory Instrument 2003, No. 282, PART 3, Regulation 8 - Any information delivered by an approved method of electronic communications on behalf of any person shall be deemed to have been delivered by him unless he proves that it was delivered without his knowledge or connivance.

 

3. I suggest HMRC should have used this Regulation to reduce the tax repayable by me to the amount FTR Ltd paid to me - £5,380.

 

4. HMRC refer to my comments in their submission to the Tribunal dated 16th February, namely :-

 

a) Were any share certificates provided by the agent to support the claim – if so, please provide copies to me.

 

b) 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.

 

c) 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.

 

I make the following points about the above items a, b and c respectively.

 

A) HMRC has not replied to me about this.

 

B) HMRC has not confirmed if Cryoblast Solutions Ltd (the company allegedly invested in) was recognised as an approved EIS investment. If it was not approved by HMRC, no tax relief should have been allowed and no tax rebate made.

 

C) If Cryoblast Solutions Ltd was an approved EIS investment, I maintain HMRC acted rashly by making no checks when the relief was claimed by FTR Ltd.

 

5. I am now aware that FTR Ltd and Max Tax have used the same tactics to obtain tax refunds from many other taxpayers. The Police, Action Fraud, the Low Income Tax Reform Group, Tax Watch are all aware of this and HMRC have changed phone messages, now warning taxpayers about this scam.

 

6. HMRC’s policies and processes have been weak and fraudsters have taken advantage of that. FTR Ltd,  Easy Tax Claims Ltd and Alan Maxwell are still trading and advertising for people to claim rebates from HMRC today.  Attached is Alan Maxwells advert from Twitter now targeting offshore workers in particular.

 

7. I respectfully ask that the Tribunal considers the aspects of my case over which it has jurisdiction so my liability is reduced to repaying the tax rebate which I actually received, not the full amount paid to FTR Ltd.

 

Let me know your thoughts, Slick :-)

  • Like 1

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  • 1 month later...

pdf damaged

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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Schipoo, repost the PDF as we can't see the one you posted.

 

Thanks :-)

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Hi Schipoo,

 

Did you make the submission to the Tribunal as per my longer post 6 posts above ?

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We need an answer so we can consider if you need to lodge an application for the Proceedings to be Reinstated under DIRECTIONS 2. of the Judges Order.

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Yes I did

 

I would like the tribunal to take into consideration the below information before making a decision as to whether it considers me to be liable to pay the whole figure paid out by HMRC to FTR Ltd.
 
I was not aware that Max Tax or Fast Tax Rebates Ltd were using my tax account to commit fraud.
 
I was approached by Fast Tax Rebates Ltd (reg No 12033598) trading as Max Tax Accountancy in particular Mr Alan Maxwell in early 2020.  They advised me they had done a tax rebate for one of my colleagues, and told me that I was entitled to a tax rebate for previous years expenses I hadn’t claimed.  They asked me for some information ie Name, Address, DOB, National Insurance Number and P60’s.  I gave them this information and was asked by them to call HMRC to request they open up the previous 2 tax years as I was going to be putting in a claim of over £2500, which is what Max Tax told me to say.  
There was various emails and text messages between myself and Max Tax over a few weeks.  I then received 3 amounts totalling £5380 from FTR Ltd.
 
The next contact in this matter was nearly 12 months later when I was written to by HMRC to ask for certificates regarding a claim for EIS.  This was the first time I had ever heard of EIS, firstly I didn’t know what it was, secondly that was never mentioned to me by FTR Ltd.  I didn’t have the certificates that HMRC wanted so I called straight away and spoke to the caseworker assigned to my account XXX   We had a long conversation where I explained things from my perspective and she advised I had done the right thing in contacting her and requested evidence of any contact between myself and FTR Ltd which I did.  She told me that it would take a number of weeks to investigate this matter and to bear with her.
 
I tried to get back in touch with Max Tax via email and phone which were ignored.  I called the centre where they office was based and was told that they have left months earlier with no forwarding address.
 
HMRC refer to my comments in their submission to the Tribunal dated 16th Feb, namely;
A) Were any share certificates provided by the agent to support the claim – if so, please provide copies to me.
B) 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.
C) If no such certificated 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.
 
I make the following points about the above items A, B and C respectively..
A) HMRC has not replied to me about this.
B) HMRC has not confirmed if Cryoblast Solutions Ltd (the company allegedly invested in) was recognised as an approved EIS investment.  If it was not approved and no tax rebate made.
C) If Cryoblast Solutions Ltd was an approved EIS investment, I maintain HMRC acted rashly by making no checks when the relief was claimed by FTR Ltd.
Since then HMRC have deemed me liable to repay the full amount to them totalling over 16k as it would seem that I only actually received a third of the amount claimed by FTR Ltd.  
Cryoblast Solutions Ltd (Reg No 11050630) were dissolved in January 2020 which is before I had received the funds.
 
Upon investigation I have found other information surrounding this case.
Alan O’Hara was the director or Fast Tax Rebates Ltd until June 2021 (but was the director at the time of payment) He was also the director of Cryoblast Solutions Ltd named above.  He is also director of Easy Tax Claims Ltd (Reg No 12675977)
Anthony McNabb is still the director of Fast Tax Rebates Ltd and he is also director of Easy Tax Claims Ltd.
I am aware that FTR Ltd and Max Tax have used the same tactics to obtain tax refunds from many other taxpayers. Northumbria Police, Action Fraud, the Low Income Tax Reform Group, Tax Watch are all aware of this and HMRC have changed phone messages, now warning taxpayers about this scam.
 
This isn’t a rare occurrence nor an isolated incident.  HMRC’s policies and processes have been weak and fraudsters have taken advantage of that.  FTR Ltd, Easy Tax Claims Ltd and Alan Maxwell are still trading and advertising for people to claim rebates from HMRC today.  Attached is Alan Maxwells advert from Twitter now targeting offshore workers in particular.
 
I respectfully ask that the Tribunal considers the aspects of my case over which it has jurisdiction so my liability is reduced to repaying the tax rebate which I actually received, not the full amount paid to FTR Ltd.

 

 

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Hi Schipoo,

 

You didn't mention the item I suggested as point #2 :-

 

2. I have recently learned of UK Statutory Instrument 2003, No. 282, PART 3, Regulation 8 - Any information delivered by an approved method of electronic communications on behalf of any person shall be deemed to have been delivered by him unless he proves that it was delivered without his knowledge or connivance.

 

Any reason ?

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Hi Schipoo,

 

This may be a missed opportunity. You asked about proving this point in February and I replied with my views back then.

 

The suggestion of using that piece of legislation came from people more experienced and qualified than me - I was simply passing it on from TaxWatch.

 

Unless you challenge the Judge's decision in the manner stated, HMRC are going to come after you for the full amount. At best, you may be able to agree a repayment plan.

 

It's up to you ............

 

 

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I suggest your best option is to respond to the Judge's decision of 22nd April within 28 days, citing the legislation i referred to 4 posts above.

 

If you want to give this a go, let us know but you'll have to follow our advice closely .........

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Hi Schipoo,

 

Pretty much but please put your draft here first for consideration and possible changes, before you file it with the court and copy it to HMRC.

 

This will be your last chance so let's get it as good as we can.

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Hi - please see below my draft for a response to the tribunal. Can you advise if I’m responding under section 2 to either -

 

apply for proceedings to be reinstated or if I believe the reason to strike out contains an error of law?

 

 

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Posted (edited)

You will apply for the Proceedings to be reinstated but not due to any error in law.

 

I also have some additional case reports which are interesting and relevant to your case. I'll post this later.

Edited by slick132
any ERROR

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Hi Schipoo,

 

Please take time to see the 2 Tribunal Rulings made recently on the EIS General thread - https://www.consumeractiongroup.co.uk/topic/439099-information-on-fast-tax-rebates-ltd-and-the-eis-scam/?do=findComment&comment=5165660

 

 

The cases set no Precedents but the do contain info relevant to your case. Read them cases carefully so you can refer to relevant aspects in your Tribunal appeal.

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