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By goldeneye22 · Posted
Ok, I will ask him to do that for me. -
I am working through my defence and looking at the statements amount and the default notice the amounts are different amounts. As I put earlier the paperwork they sent through is the same as before so no IP address on the CCA or the terms . Have they fulfilled their part? I did have ROP to start with along with the Identity theft cover they recommended that was quickly stopped after I had paid for it. They did refund the ROP interest later but not what I had paid, and I have been self employed all the time so I wouldn't of been able to claim at all. Thanks JJ -
I asked Schipoo to post this but I'm working on a further draft right now ............ ........... which I'll post later. -
By Nuttyzebra · Posted
hope these worked Doc1.pdf tinywow_from_word_2440141.pdf -
Ok, my final draft….. I would like to appeal the decision to strike out the tribunal below. I sent my objection to strike out application to HMRC on 17th March 2022 (copy attached), Being an unrepresented tax payer I considered this was the right course of action, and the HMRC litigator (who was aware of my unrepresented status) did not advise me to send it to the Tribunal. I was approached by Maxwell Accountancy specifically Alan Maxwell, via a work colleague, to make a claim for expenses. They told me it would cover 3 tax years and was asked to call HMRC to open up years 2017/18, 2018/19 and 2019/20. I called into HMRC on 24.2.2020 to do so which are confirmed in the notes on my SAR. When Sandra Patrick from HMRC wrote to me on 23.2.2021 to ask for EIS certificates I had no idea what she was talking about. I was then advised that FTR Ltd had claimed for EIS relief for 3 investments. I did not give Fast Tax Rebates Ltd any such authority to carry out any work on my behalf. I had no contact from FTR Ltd whatsoever. The suggests to me that Alan Maxwell passed on my information onto a third party without my knowledge or agreement. The funds were requested to be sent to a nominated bank account given by FTR Ltd in a bank account in their name, I didn’t authorise them to do that, and i did not sign any tax returns or authority to receive any money on monies on behalf. subsequently, I found out 12 months later that I only received 1 third of the full amount paid out to FTR Ltd by HMRC. My earnings in those 3 tax years wasn’t enough to justify making the investments FTR Ltd say I made. The Ltd Co they say I invested in has the same director as FTR Ltd. What was it that prompted HMRC to investigate my case? Was it because the officer thought that the amount of investment outweighed what was possible on my salary? I did not see, review or sign any form for any claim with Alan Maxwell of Maxwells Accountancy. Nor did I see any return from HMRC to say I had claimed to having made any investment under the EIS. Nor did I see what was claimed by FTR Ltd. The loss sustained by HMRC was brought about by FTR Ltd and they were facilitated by HMRC’s policy of pay now and check later. 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 knowledge or connivance. I had absolute no knowledge that fraudulent claim was being made by a third party receiving repayment of whom I had no knowledge. The reasoning to overturn the closure notices dated 23.2.2021, refer to Section 8 of the taxes management Act 1970, and that the returns were not submitted in accordance with that provision. Therefore HMRC are not able to open an enquiry under section 9A TMA 1970, and by extension issue a Closure Notice under Section 28A TMA 1970. There has been some very recent Tribunal Rulings which are very similar to my case, they refer to the same scam, and these were not Struck Out. These are McCumiskey V HMRC on 12th April 2022 and Huntly V HMRC on 22nd April 2022. In the latter Huntly was given permission to join 9 others in a Group Litigation being handled by a tax advisory firm. The McCumiskey decision shows that there is a reasonable prospect of success, and that my case is almost synonymous with theirs. This is in terms of the agency aspect, and that the agent that completed the returns was not actually engaged by me. The amount of people who have now been affected by an EIS type fraud is prolific and I have been told that 1 officer has oversight of over 200 of these cases. Indeed there are other cases where they have not been struck out and have been successful in getting to Tribunal.
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