hi all
this is my first post, but an important one so please read and respond.
I am taking legal action against think accounting over the well documented tax situation.
my solicitor would like anybody else that has been caught out by think accounting/mypay to get in touch.he will explain the the way we are doing it,i have documented evidence from hmrc that over 2000 companies/individuals etc have been caught out.
if you have received an unexpected tax demand from hmrc then please get in touch with
Jeremy Garside at Chadwick Lawrence
e-mail jeremygarside@chadlaw.co.uk
phone 01484 519999
class1 driving for over 25 years
To be fair the tax demands aren’t really unexpected, people have been warning for years that the tax man would come calling and thousands of drivers would be receiving a nasty shock in the post.
HMRC have been negligent in failing to nip it in the bud. Everyone, including them, knew agencies were operating a business model that involved a merry go round of dubious tax dodges.
They cold have easily said all agencies must take on all staff PAYE end of. I can only assume they didn’t because, at the time with the economy, they’d rather have had someone in a tax dodge job than forking out for them to be on the rock and roll.
Good luck anyone who wants to join the class action against HMRC/THINK, but IMO you’ve more chance of seeing pigs fly, than winning the case.
peirre:
Good luck anyone who wants to join the class action against HMRC/THINK, but IMO you’ve more chance of seeing pigs fly, than winning the case.
There’ll be a few, anyone daft enough to fall for one of these schemes over the last few years is probably daft enough to try this as well.
Look at the confused questions we’ve had on these boards from people who have paid thousands of pounds out for the pleasure of being on these schemes when they could have done it themselves, properly and legally, with the help of a proper accountant for a fraction of the cost.
I worked for a bloke 10 years ago and was being paid £450 a week after tax. I had a nasty letter from the tax office because he hadn’t been paying my tax. Few letters and bank statements exchanged and it was settled. But if you’re self employed you’re responsible to pay it all in full, nobody else. If you paid somebody else to stretch it out, just to subsidise your wages, then you’ve got to accept what’s coming. That’s why I never went down that road when I was doing agency work
Reed, one of the biggest recruitment companies in the world, was told by HMRC they must repay 152 MILLION pounds from running a dodgy travel and subsistence scheme. They tried to claim the temporary workers should be the ones repaying it, but HMRC said no.
HMRC have also stated many umbrella schemes are illegal, so there going to be a lot of doors knocked on and monies recovered.
LIBERTY_GUY:
HMRC have also stated many umbrella schemes are illegal, so there going to be a lot of doors knocked on and monies recovered.
Indeed, and legal action is just going to jump that person to near the head of the door knocking queue. 
When I last did regular agency work in 2004, there were drivers from Scotland, living in digs in Luton, working at Waltham point. They were claiming milage from scotch to wp, then another 5 shifts from Luton to hams hall. A massive fiddle that had most of them netting 1k for 6 nights. I was more than happy with 800 paye. Some of those guys were still at it not so long ago. They were very smug at the time but I bet they’re ■■■■■■■■ it now
It’s going to end in tears, and ultimately there’s only going to be one winner …
…Jeremy Garside
With the joint and several collection of taxes operated by HMRC, the Directors at what was Think Accounting will also be waiting for even heftier tax demands than what the drivers will be receiving. How it works is that if the Drivers company cannot pay the bill then the Driver himself will be billed, if he can prove that he cannot afford to pay the full bill then the Directors of Think will be liable…what goes around comes around.
…and if the driver can’t pay, what’s the chances of the driver getting a visit at home from high court bailiffs wanting immediate payment? I can’t wait to see future episodes of “the sheriffs are coming” … To a tax bill dodging driver near you 
I’ll pull up the sofa, can someone get the drinks and snacks.
I think this thread is going to generate a lot of controversy
…Joint and several means exactly what it says…no bailiffs…even the Agencies can be billed.
HMRC has the right to recover any monies owed to them. If folks are unwilling or unable to pay, they will just send the bailiffs in to seize goods to pay the bill - no arguments. Failing that they will have money deducted at source from your wage packet for years to come, including the interest owed.
It is extremely rare for anyone to win a case against the crown. Like they say, if something sounds too good to be true…
Now might be a good time for some to start shifting title deeds to major assets to the nearest and dearest. Before contacting Jeremy
I remember a conversation with a fellow driver at the height of all this. He said I was mad not to get on it, I said I was the sensible one. It was blatant tax dodging. I was always taught that there’s two people you will never beat, the grim reaper and the tax man
peirre:
Now might be a good time for some to start shifting title deeds to major assets to the nearest and dearest. Before contacting Jeremy
Done! Sweet FA in my name, hasn’t been for the last ten years either tbh.
HMRC have a collection department, if someone caught up in the MSC claims they cannot pay the full amount and on submitting proof of income and outgoings is found to be unable to pay then the joint and several comes into play. Its not the same as an individual who refuses to pay, then bailiffs would be instructed. HMRC will get their money from all involved. The MSC legislation allows collection from the Co and also the Director and the Agencies and from Think and its Directors.
HMRC will go for the easiest target to squeeze 1st, the driver
HMRC will first try to get the money from the company, ie the Drivers own company, some Drivers have been hit with bills of up to £30000, obviously the co will not be able to pay it, then HMRC will go for the Director, ie the Driver, again if the Driver cannot pay then the legislation allows collection from Think Accounting, failing that from the Directors of Think Accounting then even the Agencies. The Directors of Think Accounting should be in the process of changing their underpants for clean ones as there are going to be rather hefty bills going their way.