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 denial of a fair trial
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Ali M-W
Mod



3558 Posts

Posted - 22/04/2008 :  15:32:39  Show Profile Send Ali M-W a Private Message
More evidence that HMRC really doesn't want us to have a 'fair trial', and that it is always 'guilty until proven innocent' - with HMRC hanging on unfairly to the very evidence which could save us!

You must be logged in to see this link.

Come to Portcullis House, Westminster at 3pm on 9th June and tell Brown and HMRC, via our MPs and the media, exactly what you think of how they trample roughshod over our rights!

Morpheus: … as long as there is a single breath in his body he'll never give up… and neither can we.
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sammy
Rank; Really should become a politician



690 Posts

Posted - 28/04/2008 :  01:12:25  Show Profile Send sammy a Private Message
PS
If you go to court, watch out for a ferret, a little wormish type fellow may ask questions before the hearing (he she will be squirmishly pleasant) do not tell them anything at all. They will base answers you give, on if to go for you there and then, or play for time if they havn't got the certificate of debt. Tell them **** all!

If they havn't got the certificate they will ask for an adjounment, ask the judge not to grant it, he will refuse your request no doubt, but ask for an explanation. Argue and argue. Demand it is not adjourned. Ask the judge to provide legal documentation has to how your request is not just and fair. The judge does not have to provide anything but he will find it difficult to explain his reasons, you are entitled to an explanation, and it may come in handy later.
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Ali M-W
Mod



3558 Posts

Posted - 30/04/2008 :  07:07:41  Show Profile Send Ali M-W a Private Message
Please just remember that when you get sent a court date, that needn't be the end of the line - get straight onto Paula and your MP and get it stopped - go back into dispute at whatever stage(s) you have been denied and complain that premature court action was taken against you.

We are told by HMRC, like a broken record, that court action should be a last resort, but it clearly isn't. They deny they take people to court without allowing them to enter and exhaust the dispute process, but we have evidence that they do. Present it to them, and we hear a resounding silence. Everyone needs to know that court cases can usually be stopped before they go ahead - if warning letters are acted on at once. Your MP is key here.

Morpheus: … as long as there is a single breath in his body he'll never give up… and neither can we.
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Ali M-W
Mod



3558 Posts

Posted - 30/04/2008 :  07:08:42  Show Profile Send Ali M-W a Private Message
Gordonstein's Monster can be seen here:


You must be logged in to see this link.

Morpheus: … as long as there is a single breath in his body he'll never give up… and neither can we.
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Ali M-W
Mod



3558 Posts

Posted - 30/04/2008 :  07:09:23  Show Profile Send Ali M-W a Private Message
The guy featured reminds me of Sammy...


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Morpheus: … as long as there is a single breath in his body he'll never give up… and neither can we.
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Alan the Geordie
Admin



3032 Posts

Posted - 30/04/2008 :  13:30:15  Show Profile Send Alan the Geordie a Private Message
That's an excellent vid!

By far the easiest way to avoid the overpayment nightmare is not to become involved with the bastard system in the first place, but that's with the benefit of hindsight!

Apathy rules OK - so why do I bother?
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Ali M-W
Mod



3558 Posts

Posted - 02/05/2008 :  08:15:49  Show Profile Send Ali M-W a Private Message
Just to let you know that the 'spellchecked' version has now moved here:

You must be logged in to see this link.

Enjoy!

Morpheus: … as long as there is a single breath in his body he'll never give up… and neither can we.
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Ali M-W
Mod



3558 Posts

Posted - 08/05/2008 :  06:57:37  Show Profile Send Ali M-W a Private Message
Spread the word, please:

You must be logged in to see this link.


Morpheus: … as long as there is a single breath in his body he'll never give up… and neither can we.
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Ali M-W
Mod



3558 Posts

Posted - 17/05/2008 :  07:00:12  Show Profile Send Ali M-W a Private Message
Another way to spread the word:

The Tax Credit Casualties have received an Award Nomination! Please, if you feel we've helped you on You must be logged in to see this link. , add a comment to our New Statesman Media award - Consumer Activism - on You must be logged in to see this link.

This would help us win and get TCC better known to help others...

Help us to help you!


Morpheus: … as long as there is a single breath in his body he'll never give up… and neither can we.
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Ali M-W
Mod



3558 Posts

Posted - 30/05/2008 :  07:24:17  Show Profile Send Ali M-W a Private Message
It's an outrage that Tax Law designed to punish tax evaders for non-payment of tax is brutally used against honest, compliant, hard-working but low waged families to claw back overpayments which were never the victim's fault, and were spent in completely good faith. For the benefit of new victims, please don't let HMRC take you to court and screw you! They will use tax law to abandon your Human Right to a Fair Trial, so all that is discussed is how much HMRC expect you to pay back at what rate; nothing about the legitimacy of the recovery will be up for discussion. A Certicate of Debt which HMRC is entrusted to honestly produce itself will seal your fate!

But we can fight back. Come to room 'n', Portcullis House, Westminster at 3pm on Monday 9th June and tell Brown and HMRC, via our MPs and the national Press, exactly what you think of how these bullies violate our basic constitutional rights! Please write, email or phone your MP to get her/him there too!

Anyone free on the day to attend but unable to because of the cost of the fares, please contact ali@taxcreditcasualties.org as we now have a sponsor to assist those unable to fund who wish to actively contribute to the exciting day we have planned! (The TCC 'team' will self-fund but we don't expect our members who cannot afford this to have to do so.)

Thanks!


Morpheus: … as long as there is a single breath in his body he'll never give up… and neither can we.
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Ali M-W
Mod



3558 Posts

Posted - 09/09/2008 :  07:50:42  Show Profile Send Ali M-W a Private Message
It would be good to hear from anyone - apart from Sammy, that is - who has been taken to court by HMRC. We have some ideas on taking this forward, and do know of others in this situation, but further evidence is always welcome...

Trinity: The answer is out there… and it's looking for you, and it will find you if you want it to.
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Ali M-W
Mod



3558 Posts

Posted - 14/09/2008 :  08:26:42  Show Profile Send Ali M-W a Private Message
The LITRG has written an article about Tax credit overpayments and the County Court:

"A more aggressive stance by HMRC is leading to more tax credit debt being pursued in the courts. The courts sometimes may not realise that tax credit debt should be treated differently to ordinary tax debt.

The production by HMRC of a certificate of debt is not conclusive that a tax credit debt is due and unpaid..."


You must be logged in to see this link. .

Going to court is still a dangerous game, but at least the LITRG has identified that evidence should be re-examined, and I would recommend all those threatened with court action print off a copy of this article and get in touch with LITRG for details of how they would recommend doing this, and what is possible if HMRC and the courts continue not to 'play ball'.

Trinity: The answer is out there… and it's looking for you, and it will find you if you want it to.
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Alan the Geordie
Admin



3032 Posts

Posted - 14/09/2008 :  14:06:52  Show Profile Send Alan the Geordie a Private Message
Well done LITGR - and not before time!

Let's hope that the Courts take the trouble to read the article and carefully consider what it is saying.

"Dave Anderson (Labour) MP for Blaydon for Prime Minister!!"
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auntieh
Rank; Really should become a politician



United Kingdom
625 Posts

Posted - 14/09/2008 :  20:34:59  Show Profile Send auntieh a Private Message
Surely this information has huge implications for Sammy as it would appear that his case was not heard correctly by the judge?

Auntie

"You can dress a pig in a suit but you can't stop it grunting"
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sammy
Rank; Really should become a politician



690 Posts

Posted - 14/09/2008 :  23:21:37  Show Profile Send sammy a Private Message
thats the best link i've seen for ages, i hope you're right auntieh. Now can i go to the echr? pretty please mr blunkett
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auntieh
Rank; Really should become a politician



United Kingdom
625 Posts

Posted - 15/09/2008 :  20:11:24  Show Profile Send auntieh a Private Message
quote:
Originally posted by sammy

thats the best link i've seen for ages, i hope you're right auntieh. Now can i go to the echr? pretty please mr blunkett



Yes so do I! Do you have any access to legal advice re appealing to ECHR? It might even be worth investing in a one off consultation with some legal bod to point you in the right direction - assuming you don't know already what that is!

Good luck Sammy.

Auntie

"You can dress a pig in a suit but you can't stop it grunting"
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sammy
Rank; Really should become a politician



690 Posts

Posted - 15/09/2008 :  23:32:05  Show Profile Send sammy a Private Message
Ahh, legal advice is not forthcoming. Blunkett said sorry nothing he could do, tax man said no appeal, judge said no appeal.
Cab said whats tax credits -;)
No one will take the tax man on without a big bung, except me and I ain't been bunged just yet. But I will take them on without legal 'expertise' As I found out ages ago, no option
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Ali M-W
Mod



3558 Posts

Posted - 16/09/2008 :  07:37:58  Show Profile Send Ali M-W a Private Message
"...take them on with legal 'expertise'..." Why not? I'd suggest having a chat with Paula and seeing what's possible.

Alan's MP Dave Anderson's Personal Secretary has recently told us words to the effect that HMRC is allowing 'done and dusted' cases to be looked at again. Simple really - you didn't get a fair trial, your evidence wasn't even looked at, and you really feel it should be.

Has Blunkett actually taken the time and trouble to meet with you face to face, or is he responding to emails and letters?

And who was it who did that interview with you from Readers Digest a while back? A good little line to him with some of the stuff you've got, eg. Dawn Primarolo's spiel that court is used as a last resort, the LITRG's recent report, and evidence of this infringement to your Human Rights could produce quite a story on the eve of the Labour Conference.

Why not write to Jane Kennedy? My own MP actually got her to agree to have details of my case sent to her if I lost my case with the Ombudsman, but in the end HMRC backed down - something I have never seen before - between failed Adjudicator ruling and the Ombudsman! So there is precedent for cases going back to earlier dispute stages and HMRC reconsidering internally (obviously with considerable external pressure). Is Blunkett really that useless? Is this really the same bloke who caused a party scandal by admitting he had taken cash from his own wallet to help a tax credit victim? Is this what ailing fortunes of your party, fear of your leadership and anticipation of losing the next election does to MPs?

Manchester's coming up. Not exactly on your doorstep, but not that far away. What opportunities does that present us with, I wonder?

Trinity: The answer is out there… and it's looking for you, and it will find you if you want it to.
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Ali M-W
Mod



3558 Posts

Posted - 10/10/2008 :  07:51:40  Show Profile Send Ali M-W a Private Message
I'm sure someone would like to tell their story of Denial of a Fair Trial on our latest addition to the campaign - our 'Diary of the Damned'?

It's here..... You must be logged in to see this link.

Morpheus: They are the gatekeepers, they are guarding all the doors and holding all the keys.
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Ali M-W
Mod



3558 Posts

Posted - 18/12/2008 :  07:09:50  Show Profile Send Ali M-W a Private Message
Talking of unfair trials, the Lib Dems have picked up the fact that more and more tax credit overpayment victims have been taken to court, and have been the first to announce their policy with regard to tax credits.

This is going to be on the website soon, I believe.

I've also had a letter from Nick Clegg's office about Lib Dem policy - basically a return to fixed awards (much safer) and a right to independent review of disputed cases.

Wonder what the other parties have planned? (Will try not to be cynical about Nu Labour's view on this...)

Trinity: No one has ever done anything like this.
Neo: That's why it's going to work.

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