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Is ECtHR exempt from ECHR?

Re: Is ECtHR exempt from ECHR?

Postby smuge » Fri Dec 19, 2014 11:27 am

Hairyloon wrote:
smuge wrote:Thank you for posting, Atti. Have been waiting for almost 3 years to have a case heard. This information is exactly what i needed. :)

Is this a case at the European Court?
I have no idea, ape. Having not read through the document yet, It may give me something to throw back at HMRC to hurry things along.

The thing is, even though the accountant states a court case is pending, penalties apparently still apply and mounting to an unacceptable level. Having recently fought off HMRC bailiffs i'm becoming frustrated with them.

Any information that a gives a fighting chance is better than nothing. Its all a learning curve. :D
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Re: Is ECtHR exempt from ECHR?

Postby Hairyloon » Fri Dec 19, 2014 12:09 pm

I'll take that as a "no" then.
If it is government agencies that are causing the delays, then Article Six may be applicable so it might be worth reminding them of that... Of course, doing so might just wind them up into screwing you harder.
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Re: Is ECtHR exempt from ECHR?

Postby atticus » Fri Dec 19, 2014 12:15 pm

You should verify what your accountant is telling you.
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Re: Is ECtHR exempt from ECHR?

Postby Hairyloon » Fri Dec 19, 2014 1:22 pm

If we accept that the accountant is correct, and assume (for the sake of discussion) that the delay in having the matter settled at a fair hearing is both unreasonable and caused by government agents, then that delay would seem to be a breach of Article Six.
In which case, could smudge bring a case for damages resulting from that breach to his county court?
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Re: Is ECtHR exempt from ECHR?

Postby smuge » Fri Dec 19, 2014 1:55 pm

Had a discussion with account only last week about this, and advice from him is a court hearing is advised (in writing) by hmrc. Apparently though it is not unusual for HMRC to send out bailiffs while court date pending in an attempt to frighten ppl into paying up.

Somewhat embarrassing to have a cpl of bruisers on your doorstep telling you what is and what is not. Atm, a £60 a week penalty is applied so very much hoping things go my way in court -if not, im pretty much stuffed as the bill has risen from 2k to 7.5k to date.
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Re: Is ECtHR exempt from ECHR?

Postby atticus » Fri Dec 19, 2014 2:00 pm

Can't you settle?

Is your accountant on top of this? I am concerned that you may have an adviser who is out of his depth.
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Re: Is ECtHR exempt from ECHR?

Postby smuge » Fri Dec 19, 2014 2:15 pm

atticus wrote:Can't you settle?
I could but the account feel there is a case to fight. In hindsight it would have been better all round to have paid the original 2k and took the hit. Now that the bill is up to 7.5k the hit would be difficult to swallow.

atticus wrote:Is your accountant on top of this? I am concerned that you may have an adviser who is out of his depth.
Ive wondered the same thing, atti, The firm does have a good track record with these matters. Still rather worrying though.
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Re: Is ECtHR exempt from ECHR?

Postby atticus » Fri Dec 19, 2014 2:21 pm

A bigger hit will be harder still. won't they take £2K and half the penalties?
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Re: Is ECtHR exempt from ECHR?

Postby smuge » Fri Dec 19, 2014 2:42 pm

atticus wrote:A bigger hit will be harder still. won't they take £2K and half the penalties?
Have discussed this with accountant and apparently not. An offer of 3k was refused. I'm advised they are going after every penny they can screw out of the working class and appear to be a little more lenient with the conglomerates.

Not that this applies to me personally but goes to show the new mentality and determination of HMRC - Contractors and subcontractors recently received a lette stating that if Cash-in-hand is discovered then HMRC will fully investigate accounts going back to day one of starting the business. Things have changed and are still changing.
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Re: Is ECtHR exempt from ECHR?

Postby Hairyloon » Sat Dec 12, 2015 11:53 am

atticus wrote:More cases than judicial time available. Something has to give.

ECHR Guide wrote:296: Since it is for the member States to organise their legal systems in such a way as to guarantee the right to obtain a judicial decision within a reasonable time, an excessive workload cannot be taken into consideration

Sauce for the goose, but not for the gander?
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