I've been through the submission and there's really nothing new. I'm not particularly worried about what HMRC have now said.
There's no counter-reply needed now - it's down to the hearing on the day and for the judge to decide :-
1. If the FTT even has a part to play in the appeal process and.....
2. If it does, how this will be moved forward.
Dixon, I suggest you go through each point made by HMRC and make brief relevant notes as necessary. HMRC's submission is clearly written for their own success, and for your failure. It's now down to you to have your counter arguments ready to use if you're given the chance at the hearing.
For example, point 16 - HMRC seek to use what was written in texts to show you were involved in the reclaim process. I suggest this simply shows how FTR were trying to bamboozle you with rubbish and keep you away from your HMRC portal.
Also, they continue to refuse to address the issues you raised about HMRC repaying tax with no checks about the alleged EIS company or the relevant investment certificate.
There are many points you should have ready to argue so get working on this.