Stung by stamp duty avoidance scheme help!!!!

ecswtrav

We were aware of the risks beforehand. I did my research but took their advice based on their stated success record. CDP corporate are based in an affluent area and I wrongly took their advice and success stories and location studpidly as a green light so to speak.

I cant believe these firms are not governed by anyone? The liklihood is I'm one of many as they sit back and line their pockets knowing nobody has a chance of stopping them.

It is an expensive lesson no question. Will citizens advice help? The financial ombudsman doesnt oversee situations like this and I'd like evidence to assure me that they were not still processing my case after the March Budget which I think they still were.

BazzaDP

Governed by who? The government? They are in the business of working around government rules so what makes you think adding more rules they will work around is the answer?!? Much better to fix the original problem - which HMRC have now done.

Smith_007

ecswtrav wrote: »

Will citizens advice help?

Citizens Advice: Funded by the tax payer & charities and currently subject to cuts.

You really are digging yourself a hole aren't you?

You get stung trying to avoid a legitimate £8700 tax bill (on a £300,000 property) then expect charities & the tax payer to give you free legal advice?
:T

shortchanged_2

I don't think I'll pay stamp duty on my next house purchase. Is that alright with everyone?

Vomityspice

Perhaps next time you buy a property, and when the estate agent tells you about a great scheme to avoid stamp duty you will remember that they are selling you a product of dubious legality (as you have now discovered).

Simply say "Will you indemnify me against any future possible claims?", and when they don't say the magic words 'Yes'. Run, run very fast and make sure you don't do business with shysters.

Whilst I can understand the desire to reduce your expenditure, if you can afford a £300k house, you really should pay the stamp duty (like everyone else has to).

ecswtrav

The fact is the process that has been carried out is legal. Stamp duty avoidance is legal its evasion that is the issue. Anway, regardless of the ethics and morals of this process I'm holding my hands up - I don't need a reminder of this.

And regardless of whether I recoup 4pence of fees or 4grand the simple fact is I'd like my case investigated to ensure they were not acting after they were aware of the legal changes. I would assume that there is no other route other than a small claims court which is what i will now pursue. Thanks for the responses

chickaroonee

ecswtrav wrote: »

The fact is the process that has been carried out is legal. Stamp duty avoidance is legal its evasion that is the issue. Anway, regardless of the ethics and morals of this process I'm holding my hands up - I don't need a reminder of this.

And regardless of whether I recoup 4pence of fees or 4grand the simple fact is I'd like my case investigated to ensure they were not acting after they were aware of the legal changes. I would assume that there is no other route other than a small claims court which is what i will now pursue. Thanks for the responses

fine if you want to use your own money to pay for this, but if you think any public money should be spent helping tax evaders like yourself then you're not going to get much support here.

ILW

Think you may be getting another letter from HMRC with a £5000 penalty.

Vomityspice

ecswtrav wrote: »

The fact is the process that has been carried out is legal. Stamp duty avoidance is legal its evasion that is the issue. Anway, regardless of the ethics and morals of this process I'm holding my hands up - I don't need a reminder of this.

It wasn't legal, as you have now found out to your cost!

Whilst it irks me to give usefull guidance to someone who was happy to 'bend' the rules to avoid paying, perhaps a better methodology in persuing this is you look up which solicitor acted for you and then write a nice letter to them to enquire about a refund (with the implicit threat on complaining to the SRA if they want to play hard ball).

Doing it this way won't cost you anything (and indeed you may even have an option of complaining to the FSA as this was a financial transaction??). Your shyster solicitor will then have to answer to the code of conduct of the profession and this may encourage him/her to offer a settlement. It might be helpful to look at the complaints proceedure on the SRA website.

martinsurrey

Vomityspice wrote: »

It wasn't legal, as you have now found out to your cost!

Whilst it irks me to give usefull guidance to someone who was happy to 'bend' the rules to avoid paying, perhaps a better methodology in persuing this is you look up which solicitor acted for you and then write a nice letter to them to enquire about a refund (with the implicit threat on complaining to the SRA if they want to play hard ball).

Doing it this way won't cost you anything (and indeed you may even have an option of complaining to the FSA as this was a financial transaction??). Your shyster solicitor will then have to answer to the code of conduct of the profession and this may encourage him/her to offer a settlement. It might be helpful to look at the complaints proceedure on the SRA website.

the OP will have signed a contract with the solicitor along the lines of "the OP is performing their own STLT arrangement, the solicitor has no input in to either the calculation or submission or accuracy of this and will not be liable for any errors" (solicitors have no legal duty to ensure a STLT form is completed, it is a separate service that you can take up)

And the contract with the company would have said something along the lines "we will for a fee provide a service to do X and Y, however the success of X and Yis not guaranteed and we are only acting on OP's behalf, the OP is liable for all charges and penalties if X and Y is found to be none compliant"

Only one person on the hook, and that’s the OP.

a very expensive lesson!

OP what grounds of the contracts you signed would you complain about? you did read the contracts in depth?