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By Doingmybest · Posted
Thanks dx. 1st Claimant form.pdf 2nd Dealer defence.pdf -
Hi Schipoo, Please check the above carefully checking for typos and accuracy. If happy with it, File and Serve to the Tribunal and to HMRC respectively.
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FIRST TIER TRIBUNAL CASE NO: TAX CHAMBER BETWEEN [YOUR NAME] (Appelant) -and- THE COMMISSIONERS FOR HER MAJESTY’S REVENUE AND CUSTOMS (Respondant) APPLICATION FOR PROCEEDINGS TO BE REINSTATED AFTER STRIKE OUT ON 22nd April 2022 1. I make this submission in response to the decision to Strike Out the proceedings made on 22nd April 2022 by Judge Robin Vos. 2. I initially spoke to Alan Maxwell of Maxwells Accountancy Services and he suggested he would be able to help me reclaim tax. 3. I gave Mr Maxwell information as requested unaware that this would be used unlawfully to defraud HMRC and myself. 4. I understand the 3 tax returns (2017/18; 2018/19 & 2019/20) were submitted to HMRC by Fast Tax Rebates Ltd, a separate company run by director Alan Francis O’Hara. 5. Throughout these proceedings reference has been made to Maxwells/FTR but it is important to note that these are 2 separate companies. 6. I never knew about FTR Ltd until after they paid me tax refunds and I never gave them authority to act on my behalf. I therefore suggest the following legislation applies :- 7. 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. 8. The tax returns prepared by FTR Ltd were submitted without my knowledge or consent. 9. The £66,000 EIS relief claimed was for monies allegedly invested in Cryoblast Solutions Ltd, a company also set up by director Alan Francis O’Hara. 10. HMRC failed to reply to my specific questions about Cryoblast Solutions Ltd, namely :- a) If any certificates were lodged on my behalf in support of the EIS relief claimed. b) If HMRC ever approved Cryoblast as a recognised EIS investment. c) HMRC acted rashly in allowing EIS relief with no proof of investment in a company not approved as an EIS scheme. 11. I draw attention to 2 other Tribunal case rulings made in April 2022 regarding the same type of fraudulently claimed EIS relief. 12. McCumiskey v HMRC (12th April 2022) in which the Appellant’s appeal against discovery assessments was allowed. The Ruling noted it was unlikely the Appellant was in a position to make large investments in an EIS scheme, given his modest income. 13. Huntley V HMRC allowed the Applicant’s late appeal against discovery assessments, allowing him to join group litigation action with 9 other Appellants. This group action concerns fraudulent EIS claims made in circumstances very similar to my own, where little regard was made by HMRC as to the taxpayer’s ability to invest large sums in risky EIS schemes. 14. I am grateful to Judge Vos for his comments in para. 12 of his Ruling on 22nd April. If this Application is successful I have already spoken to the tax advisory firm acting for Huntley and others to see if I may join the group litigation. 15. I am grateful to the FTT for considering this Application. Statement of Truth - I believe the facts stated in this Application are true. Signed ________________ [Printed Schipoo full name] Date: xx May 2022
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We all understand the immense stress this has caused you. However, consider this. 90%+ of Caggers are successful in court, and in 90%+ of those cases the other party has a solicitor. Yet the Caggers win. Solicitors can be useful but they can't perform miracles. A rubbish case is a rubbish case. You convinced the FOS and are highly likely to convince a court. You don't need a solicitor - CAG is here to help should you decide to continue.
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By moneymagic · Posted
The monthly rate some banks quote is just an average over 12 months. I believe the annual rate should be (1+monthly rate)12-1. Since months have 28, 29, 30 or 31 days, the daily rate is used for the calculation which looks almost the same as the monthly rate. I’m asking this question because I want to know if my bank is charging me, and others the wrong amount.
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