There was a High Court ruling in 2011 which barred gyms from damaging credit ratings to force consumers to pay gym fees and penalty fees. The case was taken against AMSL Ltd but the ruling set a precedent which applies to similar m/ships.

It was a game-changer and since the ruling gym contracts have not been reported to CRA's.

See here - https://www.consumeractiongroup.co.uk/topic/250816-office-of-fair-trading-v-ashbourne-management-services-9thmarch-2011/

No need to repeat what's been said already ! 

That's why they write it the way they do - so you feel threatened.

But it's just hot air and this cannot affect your credit rating  unless they took you to court, which they don't !!

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

Hi GG,

Glad to hear it's been quiet.

Let's hope it stays that way but, if they pester you again, ignore and let us know.

Hi Schipoo,

A useful summary of the Robson case is set out here by Accountingweb - Loophole leaves agent authorisation open to abuse - you may need to register to read the whole article and the replies from accountancy professionals.

You should find it helpful in understanding how HMRC lost and Robson won the appeal.

Pay particular attention to what's said under this sub-heading - Belief of carelessness - and the subsequent heading.

Focus on what was said in the judge's ruling about the actions of CACL being fraudulent. Also, bear in mind that FTR committed their fraud without you knowing what they'd done - ie they submitted tax returns NOT as your agent but as if you had submitted them yourself.

Hi Schipoo,

You're approaching the final stages of the FTT appeals process and need to prepare carefully to stand a chance of winning in the way Robson won the case highlighted on the general FTR thread - Robson v HMRC https://www.bailii.org/uk/cases/UKFTT/TC/2023/TC08746.pdf

You need to do more than highlight similar points from the Robson ruling which, by the way, is a useful ruling but not a legal precedent.

If you want to join a group action which you know of, now is the time. Otherwise you'll have to knuckle down and use all the info we've seen here to prepare a formal case in the format required by the judges Directions.

Right !

Hi Rob,

Yes, it's certainly different in that the agent made the reclaim through the normal agent's channel, as opposed to the majority of cases here on CAG where the agent used the individuals' access portals to file Returns and claim the EIS relief.

But there are relevant similarities that our CAG cases should use to their best advantage.

@Schipoo @Rob Carr @dixon2094 and others involved with FTR tax reclaims -

Have you taken time to read the judge's ruling in the Appeal heard by the FTT - Robson v HMRC

This thread here is locked but you can comment or reply on your own threads.

Each of you challenging HMRC needs to read through this Judgement carefully to identify useful similarities to your own case.

Thanks again to The LITRG for drawing my attention to this important and relevant ruling from the FTT - https://www.bailii.org/uk/cases/UKFTT/TC/2023/TC08746.pdf  The case was heard in Nov 22 but the Ruling given on 2nd March 23.

Read through carefully to see what parallels this has to your own case.

Please don't comment on this thread - use your own thread to discuss any issues.

Hi SW and thanks for the update.

Let us know if anything further happens re bank accounts, credit applications or ID fraud.

Hi Rob,

The list you just rec'd is HMRC's list of doc'ts they intend to rely on for the hearing.

The doc't you posted on 7th Jan sets out their arguments, contentions and the legislation they'll rely on, much of which you've seen before in exchanges.

IMHO, Para's 91 to 105 are the crutial points. HMRC seek to counter your contention that s.8, ICTA (Electronic Communications) Regs 2003 applies. You've said the refunds were claimed by MaxTax without your knowledge or connivance and HMRC say you DID know about the submissions or connivie with Max Tax.

You have to argue :-

1. You knew MaxTax were acting for you but had no idea what they were doing as you relied on them as tax "experts".

2. You weren't aware that they were acting improperly in using your pesonal Log In access details to file returns on your behalf.

3. You had no knowledge about EIS or MaxTax claiming this on your behalf.

4. You've never suggested you were due any EIS relief, despite HMRC making a big fuss about this aspect. 

5. You're a victim of MaxTax's fraudulent activity, along with maybe hundreds or thousands of similar victims.

We've heard many times about, "Go into branch to collect money." but the branch doesn't allow it for whatever reason.

Poor communication on the bank's part !

If social media gets the attention you need, Tweet away !

If you read other similar threads, you'll see many folk have trouble finally accessing the money as the bank doesn't make it easy.

Keep at it, jump through the right hoops and you'll get it back eventually.

Hi Deery

You now have your own thread to use here.

It would help if we had a brief history of your case.

You ask how long it may continue - once they realise they're being ignored and you're not intimidated, they'll move on to chase easier prey.

Ignore and they'll move on ........

Hi Squeeky and welcome to CAG

You'll probably hear more from Harlands and/or CRS chasing for membership and admin fees.

Ignore their demands. Don't reply at all as this just encourages them.

Keep us posted ........

Hi Dixon,

I'm not aware of anything further you need to send to HMRC's litigation dep't or the FTT.

You'll have seen my remarks to Schipoo, I hope, about the appeal process heading towards the more formal stages ......

Hi Schipoo,

Get back to them asap and remind them you're awaiting a reply.

You and others here are getting to the stage when you could really benefit from specialist advice in handling the formal stages of your appeal. Being part of a Group Action handled by tax litigation specialists could be your best option.

Hi Deery,

Please start your own thread to discuss YH's case, to avoid hijacking this thread.

Hi Joe,

Not surprising based on cases we've seen before.

Read the letter carefully to make sure you do whatever they need to hand your money over.

You need to keep a careful eye on your credit file.

Looks like the delivery was no simple mistake and you need to watch this all carefully.