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373 Posts

Posted - 27/02/2010 :  21:31:20  Show Profile Send familytaxcredit a Private Message
Hi guys, not been here for a while I know, but still in my thoughts always.
The recent news regards hmrc/brown never takes anyone to court due to hmrc mistakes:

I have known now for 2-3 years they do and have always done so. Without any regard to evidence, because in a nutshell, if hmrc says you are guilty then you are, if hmrc issue a certificate of debt, then even a judge will not argue, or indeed listen to your evidence.

I don't and will not get into arguments with this fact with forum users, as I have in the past.

Many newcomers will not believe the power hmrc have, even over the normal rule of law.
Unless you have major finances available it is impossible to fight hmrc under normal cival law rules.

hmrc dragged me to court nearly 3 years ago, for a 'debt' in 2004...overpaid tax credits; when it first came in. They (hmrc through the 'judge' found me guilty, even though I was 'tried' for overpayments for a period I didn't claim for (and did not recieve any monies) ..they hmrc explained we got dates wrong, we meant blah dates, also 'i said' my wife earned nothing £0.00...they said ooops we meant earned nothing

They also took me to court on the 'certificate of debt' rule, even though their own rules say, 'the certificate of debt rule' cannot be used for tax credit cases (pity the judge didn't know that)

In fact the hmrc catologue of mistakes was far worst but the judge chose not to listen.

Guilty says the judge, cert of debt, nothing i can do, pay back

I say I can't I don't have it, hmrc wants details of all finances ove past years. So I send

Not heard a thing in 2-years...oh well when the tories get in they will send baliffs and pass blame on to previous government.

It is a cert what they are up to, the labour party are bent, the tories will be worst

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Alan the Geordie

3032 Posts

Posted - 28/02/2010 :  00:51:45  Show Profile Send Alan the Geordie a Private Message
Hi FTC ....... long time no see

I agree with you - the tories will be little or no different and may even be worse than this shower of shyte.

"The best way to take control over a people and control them utterly is to take a little of their freedom at a time, to erode rights by a thousand tiny and almost imperceptible reductions.

In this way the people will not see those rights and freedoms being removed until past the point at which these changes cannot be reversed."

Adolf Hitler
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Rank; Really should become a politician

730 Posts

Posted - 01/03/2010 :  19:07:22  Show Profile Send splashin a Private Message

Hope you are well. How right you are in what you have posted. Their are very few cases that I can recall that have succeeded disputing the overpayment at this level. And people should be aware of the powers HMRC do have.
I am quite surprised you have not heard from them since the court ruling. What do you think has happened there?

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Ali M-W

3558 Posts

Posted - 02/03/2010 :  07:56:29  Show Profile Send Ali M-W a Private Message
My guess is that it is too "political" for them to pursue right now. FTC's case has been featured on our website, in Readers' Digest and is often cited in threads here. If they up the ante, they may be worried that FTC will fight back and spectacularly win. I have seen this happen before with another "political" case for a very active TCC member. HMRC hate bad publicity. They'll be afraid we would take FTC's case to Judicial Review using TCC finds (albeit relatively modest) and our lawyers and thrash them.

Yet they would not write his overpayment off overtly as they would see us crowing over that. Hence the stalemate.

That's my take on it, anyway.

Morpheus: I'm trying to free your mind, Neo. But I can only show you the door. You're the one that has to walk through it.
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Ali M-W

3558 Posts

Posted - 02/03/2010 :  08:00:37  Show Profile Send Ali M-W a Private Message
Either that, or this is just another example of HMRC's erratic, unpredictable, inefficient, contradictory, error and loss prone behaviour.

This is the organisation which has had major data losses of 25,000 child benefit NI numbers, laptops, millions of unopened letters, recovery claims on long-dead people, and recently sent a guy 90 demand letters and 90 apologies.

Ultra-efficient is not the phrase which comes to mind.

Just two possible explanations.

Morpheus: I'm trying to free your mind, Neo. But I can only show you the door. You're the one that has to walk through it.
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Ali M-W

3558 Posts

Posted - 02/03/2010 :  08:01:21  Show Profile Send Ali M-W a Private Message
Good to hear from you anyway, FTC!

Morpheus: I'm trying to free your mind, Neo. But I can only show you the door. You're the one that has to walk through it.
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Forum Admin

373 Posts

Posted - 05/03/2010 :  14:56:00  Show Profile Send familytaxcredit a Private Message
Thanks guys
Just been thru old notes and it was early 2006 when in court (for the 'adjournment')so 4 years not time flys! Since the demand for payment shortly after, I ain't heard a thing, I'm not sure why, I don't think its a bad publicty thing because many many people think because of a court ruling it can't be wrong and I should pay back.

With hmrc and browns spin on it most of the population would not be on my side simply because they have no clue how corrupt the justice system is when hmrc are involved.

Hence, I would have thought they would have ram-raided my house by now...oh well time yet!

'Stephen Timms, Financial Secretary to the Treasury, insisted HMRC never took people to court over errors, adding: ‘It initiates court action only as a last resort to recover cash that individuals are not entitled to.’

This last year they (hmrc...Brown) have taken 9000 people to court, and none were errors by hmrc...yeah what a liar, and yes the army have enough choppers and yes 'mistakes' were made with mp's expenses etc etc etc.
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