JUSTICE FOR THE SUICIDE VICTIMS OF THE LOAN CHARGE

Hi, my name is Sue and I am fundraising to help individuals and families who have been devastated by the impact of the HMRC's Loan Charge policy.

As highlighted by Sammy Wilson, DUP Member and APPG Member, in a Parliamentary debate on 18th January, 2024, at least 10 individuals have tragically taken their own lives due to the psychological and financial pressures of facing the Loan Charge, with many more suffering from severe harm, including 13 suicide attempts.

We had the Morse Review in December 2019, which was subsequently criticised by the APPG, who concluded that the review was compromised, and its findings and conclusions were discredited. It is now abundantly clear to all those affected by the Loan Charge, that the Morse Review cannot be regarded as independent.

The current Government has promised a new review; however, given its record on issues such as the WASPI women, and the financial implications any changes would carry, we remain highly sceptical that any meaningful reform will be introduced.

Thousands of individuals continue to face unaffordable demands from HMRC, and their lives have been upended by a system many consider to be unfair and disproportionate. Until substantial changes are made, it is difficult to see how the situation will improve.

In response, this campaign aims to fund legal action against HMRC and its Officers, including potential civil and criminal proceedings for gross negligence, misconduct, harassment, corporate manslaughter and other charges related to their treatment of individuals affected by the Loan Charge. The time has come, to bring those responsible to account.

The Loan Charge: A Devastating Policy

The Loan Charge was introduced by HMRC as a mechanism to recover unpaid taxes from contractors who had participated in tax avoidance schemes. In many cases, these contractors were unaware that they were involved in such schemes. The Loan Charge has been widely criticised for its severity, with some describing it as draconian. It has been argued that the charge violates fundamental principles of fairness by undermining the constitutional convention against retrospective legislation and imposing tax liabilities on taxpayers who had previously received legal assurance that no tax was due.

Using retrospective legislation to address shortcomings in HMRC's processes is seen by many as both unreasonable and unjust, as it subjects individuals to tax charges on income earned, gains realised, or transactions completed prior to the introduction of the legislation.

While the government has often sought to balance the need to protect the Exchequer from tax avoidance with the principle of fairness, it typically addresses specific avoidance schemes through prospective legislation, with measures taking effect from the date of announcement, rather than retroactively.

The Loan Charge has had devastating consequences for many, leaving individuals facing crippling tax demands, compounded by interest and penalties. This has resulted in severe financial hardship, personal despair, and tragically, in some cases, suicide.

HMRC has acknowledged that there have been 10 suicides of people facing the Loan Charge and related action and at least 24 additional cases of serious harm have been reported. Many individuals who believed they were acting in good faith have been left with no support, no recourse, and no way out. Families have lost loved ones, livelihoods have been destroyed, and the personal toll has been immeasurable.

Our Goal: Accountability and Support

Our primary aim is to hold HMRC accountable for the harm caused by its Loan Charge policy and bring High Court Actions for the potential civil and criminal liabilities of HMRC officers and behavioural psychologists involved in this process.

This includes consideration of the following:

• Civil Liability:

o Tort of Negligence

o Misfeasance in Public Office

o Causing Injury by Unlawful Means

o Harassment

• Criminal Liability:

o Gross Negligence Manslaughter

o Misconduct in Public Office

o Corporate Manslaughter (Under the Corporate Manslaughter and Corporate Homicide Act 2007)

We also aim to provide financial and emotional support to families affected by the Loan Charge, including those who have lost loved ones and those still facing these overwhelming demands. The funds raised will be used to support legal proceedings, provide expert advice, and offer a lifeline to those who need it most.

Why This Matters:

The Loan Charge has caused untold suffering for thousands of individuals, who are being treated as criminals despite acting in good faith. The emotional toll, particularly on those who have experienced the loss of a loved one, is immense, and many people are still struggling under the weight of this policy.

Your contribution to this campaign will help ensure that HMRC is held to account for its role in causing these tragedies. It will also help support victims’ families in their fight for justice and provide them with the resources they need to navigate the legal and emotional challenges they face.

How Your Donation Will Help:

• Legal Action: All funds received will go towards financing legal challenges against HMRC and pursuing civil and criminal cases related to the harm caused by the Loan Charge including if necessary Appeals. Whilst we are a commercial Law firm regulated by the SRA, we do not aim to financially profit from any of the monies raised. All funds raised will be held in our clients account and separate from the practices own funds.

• Support for Families: Providing financial assistance to families who have lost loved ones, as well as offering emotional and legal support to those still affected.

• Campaign for Reform: Raising awareness about the continuing effects of the Loan Charge and campaigning for policy change to prevent further harm.

• Expert Consultation: Hiring experts and specialists, including psychologists and legal professionals, to provide advice and support to those impacted.

How You Can Help:

• Donate: Every donation, no matter how small, will make a difference in the fight for justice and accountability. Your support can help change the lives of those who are suffering and have suffered.

• Share: Spread the word about this campaign and raise awareness about the devastating impact of the Loan Charge. Share on social media, with your friends and family, and in your local communities.

• Support the Cause: Sign petitions, contact your MP, and join in the efforts to demand change from HMRC.

The Time for Justice Is Now

We cannot let another person suffer or lose their life because of this policy. By supporting this campaign, you are standing up for those who have been silenced by fear and financial ruin. Together, we can hold HMRC accountable and bring about the change that is desperately needed.

Thank you for your support.