September 30, 2010

HMRC-An Update

Regular readers will know that I picked a fight with HM Revenue & Customs.

I asked my tax office here in Scotland several dozen questions. Justifiable, legitimate, lawful questions. They never answered a single one, and they eventually referred my "case" to the Solicitors Office in London. For several months now I have been engaged in a battle with them. I hope that the lady who penned this letter is their sharpest legal advisor.

The day I left for West Africa, a letter arrived, addressed to, (get this!), Mr Captain of Family Ranty. That was the best bit. The rest of the letter was bobbins.

It says:

"...your letters do not disclose any grounds for the remission of your tax debt and the various notices that your [sic] have proffered are entirely nugatory in relation to your tax debt. I advise that you seek independant [sic] legal advice as HMRC has every intention to collect the full amount of the debt from you in line with its statutory obligations".

I have replied thusly:

"Dear XXXX of the Family XXXXXXX

I refer to your letter of 20 August, which was actually delivered on 25 August. I arrived home from West Africa on 28 September. I did warn you that I would be abroad, hence my delayed reply. I remain in honour.

I have to admit that your letter stunned me. Seriously, is this all you've got?

Nugatory??

Magna Carta 1215 and 1297 are nugatory?

The Bill of Rights 1689 is nugatory?

My right to enter Lawful Rebellion is nugatory?

The Bills of Exchange Act 1832 is nugatory?

The Petitions of Right Act 1860 is nugatory?

My THREE unrebutted affidavits are nugatory?

The fact that I paid you twice with YOUR OWN negotiable instruments, which you accepted-because you never returned them to me-is nugatory?

I'll be bringing all of the above into court, and you are going to stand in front of the sheriff and simply say "Nugatory"?

You advise me yet again to "...seek independent legal advice...", and I feel obliged to ask: Have you?

I advised you some time ago to speak with someone well versed in common law and constitutional law. It is clear to me that you ignored that advice. I urge you again to speak with a specialist. Show him/her the negotiable instruments I animated. Tell him/her that the payment method I tendered was not refused. Twice. Nor returned to me. Twice. Tell him/her to read the BoE Act 1832 or the revision in 1882.

I have decided that I will counterclaim. I have not yet decided how much I want but it will be approximately one thousand times what you are trying to make me pay for the third time.

Without vexation, frivolity, or ill will etc etc"

I will keep you all abreast of the situation as it develops.

CR.

17 comments:

Anonymous said...

nugatory - a lovely word.
I expect I will use it at every opertunity.

Adjective

nugatory (comparative more nugatory, superlative most nugatory)

1. Trivial, trifling or of little importance.  [quotations ▼]
* 1872, Benjamin Disraeli, Suez Canal Speech

I might refer to the general conviction and the common sense of society that such an investment cannot be treated as absolutely idle and nugatory.

2. Ineffective, invalid or futile.  [quotations ▼]
* 1792, George Washington, Fourth State of the Union Address

I can not dismiss the subject of Indian affairs without again recommending to your consideration the expediency of more adequate provision for giving energy to the laws throughout our interior frontier and for restraining the commission of outrages upon the Indians, without which all pacific plans must prove nugatory.

3. (law) Having no force, inoperative, ineffectual.  [quotations ▼]
* 1819, Chief Justice John Marshall, McCulloch v. Maryland (17 U.S. 316)

The word "necessary" is considered as controlling the whole sentence, and as limiting the right to pass laws for the execution of the granted powers to such as are indispensable, and without which the power would be nugatory.

4. (computing) Removable from a computer program with safety, but harmless if retained.

Barking Spider said...

That "letter" from HMRC demonstrates perfectly why there are so many major fuck-ups with PAYE - morons!

Captain Ranty said...

Anon,

I looked it up as well, the first time she used it. I had no idea then that it would be their entire defence.

CR.

Captain Ranty said...

BS,

No wonder they don't want to meet me in court.

They have nothing.

As always, I look forward to their reply, but they tend to repeat the same worn-out phrases.

CR.

iangrindey said...

Wonderful isn't it. They haven't got a clue. I've scanned your previous posts on HMRC as I didn't realise you were dealing with them... I shall read in depth a little later.

I'm also in dealings with them. I haven't A4V anything yet but my understanding is you don't return the A4V to the sender you send it to the Treasurey (namely 'Dickhead Osbourne') & just send a copy to the sender. Thoughts?....

I heard from them about 7 weeks ago now, when they knocked on my door at 7pm. I just asked him if he brought a copy of the income tax act with him 'NO' - I then asked him if he'd ever read it? 'NO' so I then said if you haven't read it how the hell do you know I have an obligation to pay it? Then told him to go away, read it, and if he can find a law stating that I have an obligation to pay it under common law, then come back and show me! - Nothing yet!

Captain Ranty said...

Ian,

You are quite right. An A4V should be sent to the chief accountant. Chances are that only he/she knows what to do with it. Ozzie wasn't in office when I started this so he remains clueless. I figured that the Solicitors Office might be vaguely aware of negotiable instruments but here we are, reading their fine words like "nugatory". What a pathetic defence.

I talk about saying "No" all the time. It is a wonderful word. A mighty powerful word.

Your response was absolutely correct. He will be reading that act until hell freezes over and he still won't be able to come back and claim you must pay.

Lovely when you beat them with their own stick, eh?

CR.

NewsboyCap said...

Yo Captain,

Excellent!

Remember we the 'militia' are right beside you and all freemen.Just say the word.

Stand easy.

Captain Ranty said...

NC,

Thanks!

One victory is all we need. Then the walls come tumbling down.

I know I have won. I do not need them to tell me that I have. The proof is in the paperwork I submitted. They constantly threaten, bully and badger, and in the end, all they have is....nugatory?

This cat is skinned.

CR.

James Higham said...

The nugatory pack of bass todds.

Captain Ranty said...

James,

Agree fully.

They are meaningless. I wonder now why I was terrified of them for most of my adult life.

If they had a case, why have I not seen the inside of a courtroom for 18 months?

Ranty 1-HMRC 0.

CR.

Anonymous said...

Wow her grammer is da best. As if she knew what nugatory meant until she was told to use it.

I was chatting to someone who had been studying with the courses at http://www.commercialstanding.org.uk/
(now a disappeared website still some youtube videos though. Basically the same methods as winston shrout teaches for A4V in the UK. He said the A4V needs to go to Sir Nicholas Macpherson,Permanent Secretary to the Treasury since 2005 but they weren't getting a reponse so they started sending them right to the head office, the IRS in the USA where all the bonds are kept (in Iron Mountain I believe).

Anonymous said...

http://www.youtube.com/watch?v=G0opFqTxQ3c
The http://www.commercialstanding.org.uk/
guy in a talk explaining the structure of UK corporation inculding the role of Permanent Secretary to the Treasury

Anonymous said...

Notice she said "The HMRC has every intention to collect the full amount of the debt from you in line with ITS statutory obligations" not YOUR statutory obligations...

Dioclese said...

Clearly this arsehole is trying to dumb down sufficiently to get a job in eBay customer support!

Anonymous said...

Haha!! Love it, love it, love it!!

So glad you didn't quit your blog. Post like this raise the spirits no end!

Stick it to them Captain!

ATB

dangermouse said...

This post has really made my day!
I was feeling rather lonely in my fight against those law-breaking bastards in HMRC until I read this. Cheers!

Captain Ranty said...

DM,

I'm right there in the trenches with you buddy!

No Surrender!

CR.