HMRC seek repayment - another FTR fraud with EIS

[BradX]

Hi,

 

I received a letter today from HMRC saying they don’t accept my appeal, even though I didn’t receive all the money I still allowed the company to do it.

 

The last email I received from HMRC was that the self assessment account had been closed and a no payment trigger set.

 

I asked for a SAR twice which I never received,

 

I have 30 days to appeal the decision either with another member of HMRC or go to tribunal.

 

Can anyone advise on what I should do next?

 

thank you

[BradX]

Hi, mines being appealed and is with someone at HMRC who wasn’t involved in the case. They said i should hear back by the end of this month. I requested certificates etc for the eis scheme they paid out on. I’ll let you know when they get back to me. 

[slick132]

Thanks Brad,

 

Are you chasing the police to get them more involved. This could be vital in getting HMRC to take better notice of this EIS scam.

 

Please read the threads of Dixon and Schipoo as they've been active and show good examples of dealing with HMRC.

 

 

 

 

[slick132]

Hi brad,

 

Further to our exchange on the general thread, please give a more detailed update about what contact you've had with HMRC and tell us if it's their Legal Team, or others.

 

Thanks

[BradX]

Hi, I had a response saying basically I owed the full amount although I’m saying it was a scam I still give all my details for them to do this so the full debt is for me to pay.

 

I could appeal it through another HMRC agent who isn’t involved in the case and can go to tribunal if I wish. I replied asking for the DSAR which I’d requested months ago and asked for another HMRC agent to look over it.

 

Since then I’ve had the DSAR posted (4 months after I requested it) and a letter off the agent who is now looking into it. It states I will have an update at the end of this month. I’ve also asked for certificates that was used for this EIS scheme as I’m presuming there was nothing provided for this payment to be made.

 

The feedback I got from the letter before I appealed it was, it’s my fault for giving the information out so wasn’t very helpful or reassuring to be honest. They basically said I should of rang and checked that what they was doing was correct to which my response was I had no reason to believe it wasn’t correct.

 

The only reason I knew I had been scammed was when I received the letter from HMRC. I’m waiting for another letter which will no doubt be the same response saying the full debt will be for me to pay

Edited January 14, 2022 by slick132
Please use paragraph spacing - makes posts easier to read

[slick132]

Thanks Brad,

 

I've added spacing to your post above - big blocks of text are far harder to read.

 

You need to lodge a formal appeal against the tax assessments - there are examples of this on the threads of Dixon and Schipoo. Use these to prepare the appeals and post here as a draft first, for us to check over.

 

Also follow the same advice as on those threads- visit the police to report the event as a crime and give them all the info you have about FTR and the eople involved.

 

Don't let the police just fob you off. 

[BradX]

Hi,

 

I’ve received an email today, HMRC have tried to get my case struck out. The tribunal have requested a hearing via video link. Any advice to help me with this?

 

 

 

HMRC have applied to have your appeal struck out, copy enclosed, on the basis, they argue that the grounds of appeal which you have raised are not matters which the Tribunal can consider and that you have no reasonable prospect of success.

 

We will therefore arrange a hearing before a judge to consider HMRC’s application to strike out the appeal and your response.  We expect to conduct the hearing by video, or if that is not possible we will arrange a face to face hearing in the Tribunal Centre in Manchester.  Information about video hearings and a short demonstration hearing can be viewed via: https://www.gov.uk/tax-tribunal/if-you-have-a-hearing . 

[honeybee13]

Hi Brad.

 

I'll copy this to your own thread; it's best to ask questions there rather than divert Schipoo's one. I expect @slick132will be along to advise as soon as he can get here.

 

HB

[slick132]

Hi Brad,

 

Yes, always post on your own thread - we'll see your post and it avoids hijacking other threads.

 

You have good examples of HMRC seeking to have tax appeals Struck Out on Schipoo's and Dixon's threads. They include content and format.

 

You need to go through each thread carefully and adapt what you find to properly reflect your own case and circumstances.

[BradX]

Hi,

 

apologies, i thoughts I’d gone onto mine. Sorry.

 

I’ll have a look through them all and get something together, is it a good sign that they haven’t just struck it out? Or is this normal procedure?

 

thank you 

[slick132]

No Probs Brad,

 

HMRC have to apply for the Strike Out - they can't apply one themselves. It will be considered by the First Tier Tribunal of the Courts Service.

[BradX]

Ok, thank you. I’ll get something together and send it to them. Thank you 

[slick132]

Brad, I assume you received this communication from the Court Service but please confirm exactly.

 

You said earlier, " HMRC have applied to have your appeal struck out, copy enclosed, " - Can you please let us see the copy of HMRC's Application.

 

I'm not sure yet if a written submission is best, as opposed to a video hearing, or a face to face hearing. 

 

We first need to see what you've received ...........

[BradX]

Hi,

 

this is the strike out letter,  the court have asked me to get any other info to them by the 19th July then a video hearing between dates 11th aug and end of Oct.

 

 

220614 Strike out application.pdf

[slick132]

Hi Brad,

 

Go through the submissions made by Dixon and Schipoo. Tailor your submission to the court to reflect your own case and the points that HMRC have made against your appeal.

 

Stick to the deadline to submit to the court and to HMRC.

[BradX]

Hi, will do thank you. I’ll make a start on it now

[BradX]

Hi Slick,

 

can I use the example from schipoos  case?

 

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.

[BradX]

Hi, 

 

Thank you, I’ve re-wrote it all to my case. It was just that example. I think the para 14 confused me as I didn’t know if it was about the case above or specific to schipoo’s.

 

Thank you 

[slick132]

If you'd read Schipoo's thread, a PDF was posted on 24th May - it was the FTT's decision dated 22/4/22 to Strike Out Schipoo's appeal and included the comments of Judge Vos.

 

After Schipoo lodged an objection, HMRC agreed to NOT object to the appeal being re-instated.

[BradX]

Hi, I received an email last week from the tax appeals office who copied HMRC into the email (HMRC weren’t copying me into any emails asking for extensions) the tax appeals copied me in and also added this case to their reply to HMRC stating mine was very similar and the ruling was against HMRC. They did say it could be appealed but as it stands this is the ruling. I took that as a positive?

 

apologies if this is the wrong thread I get mixed up with them but thought it might be useful. 

[honeybee13]

I think it's useful, Brad. Thank you.

 

If you have questions about your own case though, please ask them on your own thread.

 

HB

[slick132]

Hi Brad,

 

Please keep a note of this thread (yours) and don't post on others. 

 

I've just spent ages moving your posts back here after accidentally merging them with Schipoo's thread.

 

Can you please expalin exactly what you've received from HMCTS about your case. Or post a copy of the letter as a PDF but with personal info hidden.

 

Thanks

[slick132]

Hi BradX,

We now know others (Schipoo and Rob Carr) are affected by HMRC successful challengethe to the Group Action being run by Independent Tax. A judge has ruled the cases must be heard at the appeal tribunals separately.

If your case has been resolved successfully, can you please supply details so we can assist others whose cases are ongoing.

Thanks