Category: Ark Class Action

  • Julian Hanson – why pension scammers must be prosecuted

    Julian Hanson – why pension scammers must be prosecuted

    Pension Life Blog - Why pension scammers such as Julian Hanson must be prosecuted - julian hanson - Barratt and Dalton
    Why pension scammers such as Julian Hanson must be stopped before they burn more victims’ pension funds – such as in the Ark and Barratt and Dalton scams

    Julian Hanson – why pension scammers must be prosecuted.

    And jailed.

    BARRATT AND DALTON PENSION SCAM: The Pensions Regulator has announced that on 23 January 2018, four pension scammers have been ordered to pay back £13.7 million they stole from their victims.

    BARRATT AND DALTON PENSION LIBERATION SCAM:

    245 victims had their pension funds stolen by David Austin, Susan Dalton, Alan Barratt and Julian Hanson. Their company – Friendly Pensions Limited (FPL) – acquired the pension funds using cold calling techniques with promises of ‘tax-free’ payments.

    The Pensions Regulator (TPR)  had asked the High Court to order the defendants to repay the funds they dishonestly misused or misappropriated from the pension schemes – the first time such an order has been obtained.

    But this clearly demonstrates that pension scammers should be prosecuted and jailed quickly before they go on to scam thousands more victims.  Julian Hanson – an integral part of the Barratt and Dalton scamming team – was also an integral part of the Ark scam.

    Julian Hanson acted as an introducer/adviser in the ARK case (also in the hands of Dalriada) in 2010/11.  He scammed over 100 victims out of their pensions – totaling around £5.5 million worth of retirement savings.  Hanson, in common with the many evil scammers creating scam after scam, was happy to push aside the appalling predicament of his Ark victims and stroll on to find new victims for the Barratt and Dalton scam.

    Hanson had promised his Ark victims their pensions would be profitably invested in “high-end London residential property” and would grow sufficiently to discharge the 50% they were allowed to take from their funds.  This, he assured the victims, would NOT be taxable.

    As soon as the Pensions Regulator placed the Ark schemes into the hands of Dalriada Trustees, Julian Hanson should have been prosecuted and prevented from ever scamming pension savers again.  But, sadly, he was left free to continue his evil trade.  Hanson was one of a whole army of scammers peddling the Ark scam:

     

    Pension Life Blog - Why pension scammers such as Julian Hanson must be prosecuted - julian hanson - Barratt and Dalton

    And hereby lies a basic flaw in the system: had Julian Hanson (along with his fellow scammers) been prosecuted and jailed for scamming the Ark victims, in 2011, the subsequent Barratt and Dalton victims might have been saved.  However, it will hopefully be the last one that Julian Hanson is allowed to get away with, as his name will now be synonymous with pension scams.

    The same is true for the other introducers/advisers peddling Ark who remain free to continue their trade:

    Andrew Isles is still a practicing accountant at Isles and Storer

    James Ian Hobson of Silk Financial went on to operate more companies which operated lead generation and cold-calling services for further scams such as Fast Pensions and Trafalgar Multi-Asset Fund

    Stephen Ward went on to scam thousands more victims out of their pensions and into toxic investments as well as illegal liberation in the Evergreen QROPS; Capita Oak, Westminster, Southlands, Headforte, and London Quantum.

    The mastermind behind the Barratt and Dalton scam was apparently David Austin – a former bankrupt with no experience of pension investments.  He invested victims’ pension funds in truffle trees and St. Lucia timeshares, and then laundered the victims’ pension funds through relatives in the UK, Switzerland, and Andorra.  Austin used a number of businesses he had set up in the UK, Cyprus and the Caribbean – including Friendly Pensions Ltd.  Austin’s family clearly had no shame about where their money came from and flaunted their new-found wealth all over social media. Fortunately, this vulgar and heartless bragging made the job of gathering evidence for the High Court much easier for tPR

    Pension Life Blog - Why pension scammers such as Julian Hanson must be prosecuted - julian hanson - Barratt and Dalton TPR had appointed Dalriada Trustees to the case, and with this ruling, they will be able to attempt to recoup the stolen money from the four scammers. Unfortunately it is unclear how much money is actually left to recoup as scammers are notoriously clever at hiding their ill-gotten gains offshore and presenting themselves as “men of straw”.

    Nicola Parish,TPR’s Executive Director of Frontline Regulation, said: “The defendants siphoned off millions of pounds from the schemes on what they falsely claimed were fees and commissions.

    “While Austin was the mastermind, all four took part in stripping the schemes almost bare. This left hardly anything behind from the savings their victims had set aside over decades of work to pay for their retirements.

    “The High Court’s ruling means that Dalriada can now go after the assets and investments of those involved to try to recover at least some of the money that these corrupt people took. This case sends a clear message that we will take tough action against pension scammers.”

    One the investments in the Barratt and Dalton scam was £2 million in an off-plan timeshare development in St Lucia called Freedom Bay. This same development also took millions of pounds’ worth of funds from the victims of the ARK scam.  Freedom Bay is now in administration.

    In this scam, operating between November 2011 and September 2014, 245 people were cold called, promises of a cash lump sum and compliant investments at 5% were promised.

    The reality of what happened to the funds was:

    • More than £10.3 million was transferred to businesses owned or controlled by Mr Austin
    • Just £3.2 million of the funds was invested
    • False documents were made to cover these figures
    • Funds given back to the victims were a % of their actual funds and NOT profits
    • More than £1 million was paid to the “ introducers” or “agents” who conducted the cold calls

    Pension Life Blog - Why pension scammers such as Julian Hanson must be prosecuted - julian hanson - Barratt and Dalton One of the victims, Colin, from South Wales, had become the full-time carer for his partner when he was approached via text message. Promised investments in the now bust St Lucia Developments, a lump sum which he planned to spend on a holiday. Having heard about the pension scams, he tried to contact the scammers with no success.

    Colin, 48, said: “I should have known that it was too good to be true. I should have sought advice and asked more questions, but I didn’t.

    “I had contributed towards my £50,000 pension pot, for which I had worked really hard, and now that has been taken from me.

    “The loss of my pension will have a massive impact on my life. When my children finish school I will be around retirement age. There will be no money to draw down when I turn 55 and no pension savings for later life.

    “I was greedy. I feel stupid for throwing away my financial future for £4,200.”

    Pension Life Blog - Why pension scammers such as Julian Hanson must be prosecuted - julian hanson - Barratt and Dalton A couple, John and Samantha, both fell victim to this scam despite being advised by their pension provider that it could be a scam. They received their lump sum and were told their pension was invested in truffle trees. After reporting the case to the police, they were later informed that their lump sum was from their own funds and HMRC promptly served them with a large tax bill.

    John, 46, said: “As a result of my dealings with Alan Barratt my final salary pension is in a scheme that I don’t understand the status of but which I have been told is a scam.

    “As far as I know, the majority of my pension fund is invested in truffle trees but I doubt whether that is legitimate. My partner appears to have lost her pension too.

    “I deeply regret ever listening to Mr Barratt.”

     Pension Life Blog - Why pension scammers such as Julian Hanson must be prosecuted - julian hanson - Barratt and Dalton Why has cold calling not been banned by the government?

    Why are ‘introducers’ still be used?

    Why are the scammers in the Ark case not under criminal investigation?

    Serial pension scammers like Julian Hanson and all the others need to be stopped now.  New laws need to be introduced so hard working and trusting citizens aren’t left with decimated pension funds and huge tax bills they can’t pay.

  • Dalriada Standstill Agreement for Ark Scheme Victims

    hand-stopwatch-800x564The 487 Ark victims have gone through pure hell since the Pensions Regulator appointed Dalriada Trustees to the Ark schemes. First they discovered from Justice Bean in the High Court that the scheme was a “fraud on the power of investment” and then they discovered that HMRC were going to try to tax loans at both ends as well as at the scheme end. Then they discovered that Dalriada were taking steps to get the loans repaid. And lastly, that the 55% tax would still be payable even if the loans were repaid.

    Dalriada are now applying to the court for permission and directions to use the members’ own pension funds to take action against the members to recover the loans.

    But meanwhile, the six-year period since the Ark victims transferred their original pensions (often gold-plated final salary ones) into Ark and got their “MPVA” loans has almost elapsed. Once this period expires, Dalriada would be legally out of time to take legal action for recovery of the loans, so they are sending out “Standstill” agreements to the members. This would have the effect of “stopping the clock” so that the member, their transfer and their loan would be frozen in time at – say – five years, eleven months indefinitely.

    If Ark victims refuse to sign the Standstill agreement, Dalriada will immediately take legal action against them and there may be significant legal costs awarded against the members. If the victims do sign the agreement, then Dalriada have an open-ended opportunity to take recovery action for as long as it takes. Dalriada have said that repaying the MPVA loan “may” help challenge HMRC against the unauthorised payment tax. HMRC disagree.

    There remain many unanswered questions: why did tPR register the Ark schemes in the first place and why couldn’t they have de-registered them when they suspected pension liberation?; ditto HMRC?; why did all the ceding providers hand over so many millions of pounds worth of pension schemes so haphazardly without doing any checks? (The worst ceding provider was, without question Standard Life).

    Perhaps the Tolleys Pension Taxation Manual (authored by Stephen Ward) might provide some answers? https://www.amazon.com/Tolleys-Pensions-Taxation-2014-2015-Stephen/dp/0754549356

  • Trafalgar Multi Asset Fund

    TRAFALGAR MULTI ASSET FUND (SUSPENDED)

    After the disasters of failed pension schemes Capita Oak, Henley and Westminster (aggregate of £20 million lost to over 500 victims through investments in Store First store pods – wound up by the Insolvency Service), there are now concerns about the suspended Trafalgar Multi Asset Fund of £20 million.  The board of directors have published the below report and are investigating how this fund came to be mostly invested in one asset: Dolphin property development loans.

    In fact, Dolphin was one of the assets of Stephen Ward’s London Quantum scam which is now in the hands of Dalriada Trustees (appointed by the Pensions Regulator).  Dalriada stated a year ago that Dolphin was not a suitable investment for a pension scheme and yet the investment manager of Trafalgar has invested most of the fund in Dolphin.

    The unlicensed adviser to the victims was also the investment manager of the Trafalgar fund.  The advisory firm, Global Partners Limited – which then changed its name to The Pension Reporter – was an agent of a firm called Joseph Oliver and was not licensed to give pension or investment advice.

    Trafalgar Multi-Asset Fund (Suspended) shareholders report (excerpts):

    Board’s significant concerns with respect to the conduct of the Investment Manager:

    • Repeated and consistent failure to carry out and maintain records of proper due diligence with respect to investments
    • Making investments which involve inappropriate or unjustified risk, particularly in allowing the over-exposure to two counterparties and allowing loans to suspected related parties without any disclosure of interests to the Board
    • Repeated and consistent failure to ensure that the position of the Fund is properly protected by having appropriate, properly executed legal documentation in place
    • Repeated failure to provide the Board with relevant information with respect to investment activity e.g. variations to the arrangements with investments in Dolphin and Quantum
    • Inability to answer straightforward questions put forward by the Auditors
    • Providing misleading and even dishonest information to the Board
    • Transacting business on behalf of the Fund knowing that the Board had suspended subscriptions and redemptions
    • Failure to make investments which are appropriate for the Fund

    The question must also be asked of STM Group WHY DID THEY ACCEPT BUSINESS FROM AN UNLICENSED ADVISER AND ALLOW THEIR VICTIMS TO HAVE 100% OF THEIR PENSIONS INVESTED IN A FUND WHICH WAS A SCAM?  THE TRAFALGAR MULTI ASSET FUND WAS A UCIS WHICH IS ILLEGAL TO BE PROMOTED TO UK RESIDENTS.  STM ARE ENTIRELY NEGLIGENT AND CULPABLE FOR ALLOWING THIS SCAM TO HAPPEN AT ALL.

  • Henley Pension Scam

    Henley Pension Scam

    HENLEY PENSION SCAM

    THE WAY THE SCHEME WORKED

    This was the “sister” scheme to Capita Oak, whose trustee was Imperial Trustee Services.  The Henley trustee was Omni Trustees.  Both Omni and Imperial were wound up by the Insolvency Service in the summer of 2015 and the two schemes had around £20m invested in Store First store pods.  Store First is part of Toby Whittaker’s Group First – and another of his companies is Park First which Stephen Ward’s London Quantum scam was invested in.

    The Henley Retirement Benefits Scheme was a bogus occupational scheme registered by HMRC and the Pensions Regulator.  The scheme received £8.6m from members of the public between 2012 and 2013.  

    The administrator to the scheme was T12 Administration followed by DBC Pension Services Ltd on 7.3.13. Stuart Chapman-Clarke’s firm Sanderson Clarke was involved in promoting the scam.  The store pods were purchased by solicitors Metis Law in Leeds.

    The victims were promised guaranteed 16% returns and were told they could legally access 50% of their pension without incurring tax liabilities.

     

    https://www.pensions-ombudsman.org.uk/wp-content/uploads/PO-4414.pdf and https://www.gov.uk/government/news/insolvency-service-takes-action-to-protect-pension-funds

     

     

  • ARK Pension Scam: How it worked

    ARK Pension Scam: How it worked

    ARK PENSION SCAM – THE WAY THE SCHEME WORKED:

    Six “occupational” schemes were used: Lancaster; Portman; Cranborne Star; Woodcroft House; Tallton Place and Grosvenor Parade.  Each scheme had to have less than 100 members to stay under tPR’s inspection radar.  Member A would transfer their £100k pension to – say – Lancaster; Member B would transfer their £100k pension to – say – Tallton; after paying the 5% fee, both A and B would then have £95k in their respective schemes; the Lancaster scheme would then make a “loan” of £50k to member B and the Tallton scheme would make a “loan” of £50k to member A.  These so-called loans were called MPVAs (Maximising Pension Value Arrangements) and formed part of a scheme called PRP (Pension Reciprocation Plan).

    This MPVA arrangement was supposed to work along “peer to peer” lines with a named member “lending” 50% of their fund to another member of a different fund.  Apparently, there was a spreadsheet showing the reciprocal arrangements between members, and some members were told they had been “paired” with another member with a similar sized transfer.  However, it was actually impossible to determine whether any individual had “made” a loan since no segregated accounts were kept by Ark, and even when Dalriada Trustees took over they did make any attempt to produce segregated accounts.  This point is very important because HMRC are issuing protected assessments on the basis of members receiving as well as making loans.  In my defence against the assessments I am making it clear that nobody made a loan – and even if there was a spreadsheet stating that a member had made a loan, it is impossible to establish that they did because all the funds were pooled.

    In the beginning, i.e. around Q3 2010, all the transfer administration was handled by Craig Tweedley and his team at Ark, but as the success of the scheme grew more and more quickly, Stephen Ward and his UK manager Anthony Salih (based at 31 Memorial Road, Worsley) were gradually taking over.  By May 2011 when Dalriada were appointed, all the members’ records were held at 31 Memorial Road.  Ward was on the point of effectively taking over completely and squeezing Craig Tweedley out altogether.

    THE IDENTITY OF THE MAIN PLAYERS

    Ark was set up by Andrew Isles of Isles and Storer Accountants and he called in Craig Tweedley of Ark Business Consulting and Stephen Ward of Premier Pension Solutions SL and Premier Pension Transfers Ltd.  Two pension trustee firms were set up: Athena and Minerva, and fourteen schemes were registered with HMRC and tPR (although only six were ever actually used as tPR appointed Dalriada in May 2011 before the other eight could be used).

    http://www.islesandstorer.com/#!meet-the-team/c193z

    https://beta.companieshouse.gov.uk/company/OC353908/filing-history?page=2

    http://www.ifalife.com/members/profile.asp?UserID=15937

    https://www.bookdepository.com/Tolleys-Pensions-Taxation-2016-2017-Stephen-Ward/9780754552642

     

    HOW THE MAIN PLAYERS WERE INVOLVED

    This started as Craig Tweedley’s “baby” but Stephen Ward was rapidly taking over.  Tweedley had brought in various “introducers” (see the PRP spreadsheet) including Andrew Isles himself, Cavendish & Provident, Geoff Mills, Jeremy Denning and Silk Financial Services etc., although by far the biggest single introducer was PPS who accounted for approximately a third of the total transfers.

    Ward ran a series of “road shows” at various locations in the UK, including Silvermere Golf Club, to introduce this “amazing opportunity” to a variety of potential introducers and clients.  Apparently these events were full to capacity – as Jeremy Cornford will attest.  Throughout the promotion of Ark, Ward used his credentials as a CII Level 6 qualified IFA, former pensions examiner and government consultant, author of Tolleys Pensions Taxation, and tied agent of FSA, CNMV and DGS as evidence of his professionalism, authority and respectability.  When questioned as to whether the loans were definitely not taxable he assured potential members that he was qualified to guarantee there would be no tax to pay.  When asked whether he had obtained legal opinion on whether there was any risk at all that the loans would be subject to tax, he replied that he had not because that would be tantamount to admitting that he was not sure.

    In February 2011, after HMRC held a meeting with Tweedley and Ward, Tweedley did obtain legal opinion from junior barrister Amanda Harding, and this confirmed her view that the loans were not taxable because of their reciprocal nature.

     

    LOCATION OF MAIN PLAYERS’ PERSONAL ASSETS

    Premier Pension Solutions S.L. CIF: B54414198 DUNS: B54414198

    • Buzon 3077, Calle Haya 64, Moraira 03724 Alicante Email: sward@ppsespana.com
    • Financial Information 2014 (EUR) – preparing to wind up the company:

    Sales: 300,739.00 (down from 471,842.00 in 2013); Profit/Loss: -42,402 (down from +13,477 in 2013);

    Total Assets: -46,493 (down from +6,888 in 2013); Owned and directed by Stephen Alexander Ward

    Stephen Alexander Ward of Calle Madrono 24, Moraira, Alicante.  Companies owned and directed:

    • Premier Pension Solutions SL registered with the CNMV and DGS
    • Premier Pension Transfers Ltd Co. No. 06657673, c/o Butterworth Jones, 7 Castle Street, Bridgewater TA6 3DT (previously 31 Memorial Road, Worsley, Manchester M28 3AG) (Net Worth £193,963)
    • Dorrixo Alliance Ltd Co. No. 07808577, 7 Castle Street, Bridgewater TA6 3DT (previously 31 Memorial Road, Worsley, Manchester M28 3AG) (Net Worth £22,791)
    • Marazion Ltd. Co. No. HE 299383, 225 Spyros Kyprianou Avenue, Strovolos, P.C. 2047, Nicosia, Cyprus
    • Assets: properties in Teulada, Alicante – jointly with wife and son
    • Seneca 108 LLC http://www.corporationwiki.com/p/1svk23/seneca-108-llc which owns at least six luxury villas in Florida and which generate income of approximately $10k per week http://www.homeaway.com/vacation-rental/p3538149
    • International Pension Transfer Specialists, 8 Ctra Moraira-Teulada, 62 CC Barclays, 03724 Moraira, Alicante (PO Box at Letters R Us) –  registered with the CNMV and DGS
    • Accounts filed in Spain for PPS do not reflect income of 1m Eur from Ark in 2010/11 and 1m Eur from Evergreen in 2011/12.  (Also earned $0.5m a year from Florida properties since 2012).  PPS’ declared sales for 2010 were 193k; for 2011 were 438k; for 2012 were 461k.  Possible tax evasion Spain and elsewhere.

     

  • Edward Troup HMRC’S Role in Six-Year Pension Liberation Fraud

    Edward Troup HMRC’S Role in Six-Year Pension Liberation Fraud

    Edward Troup                                                                                                                                                                    11th March 2016

    Chief Executive’s Office

    HM Revenue & Customs

    100 Parliament Street

    London SW1A 2BQ

     

    Dear Mr. Troup

    HMRC’S ROLE IN SIX-YEAR PENSION LIBERATION FRAUD

    Congratulations on your appointment as head of HMRC.  I am sure you will have a great deal of work on your plate cleaning up the many problems left behind by your predecessor Lin Homer, but I must ask you to address the issue of HMRC’s involvement in pension liberation fraud/unauthorised payment tax as a matter of priority.EDWARD TROUP HMRC PENSIONS LIBERATION ACCOMPLIACE

    I have asked HMRC and government ministers on numerous occasions to address the question of a tax amnesty for victims of pension liberation fraud.  The answer has always come back that this would not be considered as it would “send out the wrong message”.

    I must point out that HMRC and the government have already sent out a very clear message to the British public that Homer’s long series of professional disasters and incompetence have been rewarded with her being made a Dame; avoiding being sacked; receiving a handsome pension of £2.2 million.  This was not just a “wrong” message, but a disgraceful one.

    Further, the recent scandal of major corporations such as J. P. Morgan, Amazon, Google, Starbucks and Netflix being let off £ billions in tax has not only undermined the principles of national fiscal responsibility, but it has also sickened the public and brought disgrace on both HMRC and the government.  Another “wrong” message which harks back to Homer’s equally inept predecessor, Dave Hartnet, who was caught doing cosy “sweetheart” deals over lunches with tax dodging corporations.

    The catalogue of HMRC’s numerous blunders and failures is too long to go into here, and of course the message for many years has been that HMRC have forgotten that they are public servants, and have ignored their own taxpayers charter: “We want to give you a service that is fair, accurate and based on mutual trust and respect. We also want to make it as easy as we can for you to get things right.”  That would be the right message if it were true.  But, sadly, it isn’t.

    Turning to the question of the tax amnesty for victims of pension liberation fraud, HMRC’s role in facilitating this massive, international financial crime has been significant and culpable.  HMRC registered all the scams in the first place, deploying zero due diligence, responsibility or common sense.  Then, when HMRC realised that they had been responsible for greasing the scammers’ wheels, they did nothing to de-register the schemes and prevent victims from being scammed.  There is substantial irrefutable evidence that HMRC was repeatedly registering occupational schemes to known scammers – without any regard whatsoever to the obvious fact that the scammers habitually used the term “HMRC approved” to dupe the victims into believing that the schemes were legitimate.  The message that this has sent out to the British public is that HMRC has not only been profoundly inept and irresponsible, but has also fuelled the suspicion that HMRC may even have been deliberately complicit in the scams since they have potentially raised many £ millions in tax revenues.  This sends out the message that in fact HMRC is no better and no less culpable than the scammers themselves.

    On 21 February 2014, Lin Homer emailed me to assure me she would be investigating HMRC’s failings and promised she would be taking the matter very seriously.  She undertook to get back to me the following week.  That was the last I heard from her – despite me emailing her many times in the past two years.LIN HOMER PENSION LIBERATION

     

    I trust you will ensure that appropriate sanctions are imposed on Homer for her abject failures and a full investigation undertaken to establish whether she has in fact been in league with the scammers.  This would, of course, explain why so many schemes were repeatedly registered to the same, habitual scammers.

    It would also explain another mystery.  In June 2014, I handed evidence of a large number of pension liberation schemes being run by Stephen Ward – including the pension trustee firm Dorrixo Alliance which had registered many schemes with HMRC over a long period of time.  One of the occupational pension schemes registered by Dorrixo Alliance was London Quantum.  But neither HMRC nor tPR did anything about London Quantum and it was not de-registered – as it clearly should have been immediately.

    In August 2014, a serving Police officer lost his Police pension fund to London Quantum.  But it was not for a further year that tPR placed the scheme in the hands of Dalriada Trustees.  The scheme was filled with the usual toxic, illiquid assets which would have earned handsome investment introduction commissions for the trustees, administrators and promoters.

    In the case of the Store First store pod pension investment scandal, well over a thousand victims lost their pensions totalling over £100 million to a number of pension scams – including Capita Oak which was administered by Stephen Ward.  Approximately half of this was paid out in commissions.  But, instead of hounding the scammers who received these commissions, or Store First’s owner Toby Whittaker who paid them, HMRC will be pursuing the victims who liberated part of their pensions in the form of “loans”.  Not only does this send out the wrong message, but it also raises the question as to what extent HMRC were indeed complicit in all of this financial crime.

    I have sent out a questionnaire to hundreds of pension liberation scam victims asking them why they believed their pension loans were legal and tax compliant.  The answers were pretty much all identical (and I will be sending you a summary separately): they were told there was no connection between the pension transfer and the loan and that the transaction would not trigger an unauthorised payment charge as it used a legitimate tax “loophole”.  Many were told that the scheme was approved by HMRC and of course the HMRC registration certificate gave credence to that claim.  The parties who “advised” the victims to enter into these scams included regulated and unregulated IFA’s; practising solicitors and accountants; various introducers and promoters; debt management consultants; mortgage and insurance brokers; and Stephen Ward – government consultant, former pensions examiner and author of Tolleys Pensions Taxation.

    The claim by the government and HMRC that a tax amnesty for victims “would send out the wrong message” is absolute nonsense and an insult to all those who are existing victims of scams and all those who will now become victims as a result of Justice Morgan’s recent ruling.  I know of not a single person who deliberately and consciously set out to liberate their pension in the full knowledge that it was not a tax-compliant transaction.  Furthermore, ruining thousands of fraud victims with crippling tax liabilities will force many into bankruptcy and they will lose their homes.  These people will then become dependent on State benefits for the rest of their lives – and the unauthorised payment tax collected will last a mere couple of years before the Treasury is out of pocket.  On top of this, there will be the vast cost to the NHS of the long-term health problems these victims will inevitably suffer.

    Please let me know what date will be convenient for an urgent meeting to discuss this and agree a solution.  Just to be clear, the agenda will be to agree a tax amnesty for victims of financial crime facilitated by HMRC and to seek compensation for the damage that HMRC’s negligence has caused.  At this meeting we will need to examine in depth the various issues surrounding HMRC’s role in pension liberation fraud during the past six years and explore some appropriate remedies.

    For the avoidance of doubt, I set out below the key items:

    • Since 2010, HMRC have been registering schemes without checking the credentials of the trustees, the sponsoring employer or the purpose behind the scheme (i.e. to provide income in retirement, to operate pension liberation or to earn huge commissions on investment introductions).
    • Why did HMRC fail to de-register schemes as soon as there were concerns in order to prevent victims from losing their pensions and gaining crippling tax liabilities? If you remember, HMRC had a meeting with Stephen Ward of Premier Pension Solutions to discuss the Ark schemes in February 2011. At this time, there was about £7m in Ark, but HMRC did not suspend the registration and nothing was done to close the scheme down until three months later by which time there was £30 million in Ark.  Hence, HMRC was directly responsible for hundreds of victims’ financial ruin and is currently pursuing these people for tax which was entirely preventable had HMRC suspended the schemes.
    • Subsequently, having known that Stephen Ward was heavily involved in pension liberation, HMRC then went on to accept numerous pension scheme registrations from him and his company Dorrixo Alliance at 31 Memorial Road, Worsley. These included Southlands, Headforte and London Quantum – among many others.
    • HMRC was handed evidence of these various schemes in May 2014, and yet took no action to suspend any of the schemes. Then in August 2014 a serving police officer lost his police pension to London Quantum.
    • In 2010/2011, HMRC, the Crown Prosecution Service and the Pensions Regulator were all investigating the fraud being perpetrated by pension trustees Tudor Capital Management. But although there were a total of 25 different schemes involved – one of which was Salmon Enterprises (yet another bogus “occupational” scheme) – HMRC did nothing to suspend the schemes and prevent victims from losing their pensions and being exposed to tax liabilities.
    • HMRC is currently pursuing thousands of pension scam victims for tax on transactions which could – and should – have been prevented had HMRC acted diligently. HMRC’s negligence must be acknowledged and this anomalous, unjust situation must be put right in accordance with HMRC’s own charter.

    Yours sincerely

     

     

     

    Angela Brooks – Chairman, Pension Life

     

    c.c. Justice Morgan (Chancery Division); Steve Webb (Royal London); Ros Altmann (Pensions Minister); Andrew Warwick-Thompson (the Pensions Regulator); Boris Johnson (Mayor of London); David Gauke (Treasury Secretary); George Osborne (Chancellor)

     

  • Crabb New Secretary of DWP

    Crabb New Secretary of DWP

    Dear Mr. Crabb – latest DWP Secretary
    Congratulations on your appointment as Secretary of State for Work and Pensions – DWP.  I wish you well, and would ask you to engage urgently with the Ark Class Action representing hundreds of victims of pension fraud as we urgently need your help and support as we have been spurned and betrayed by both Duncan-Smith and Altmann. The DWP has indeed been a dismal failure.
    The Ark Class Action addresses a multi-billion pound problem, with thousands of people having lost their pensions and being targeted by HMRC with crippling tax demands. The tax collected will be a drop in the ocean compared to the long-term cost to the State of supporting and housing people who will be ruined and made homeless to pay the tax, and there is no mathematical or economic case for continuing with these demands.  Please see the our letter to Lin Homer’s replacement Edward Troup (LINK TO BE PLACED ON PUBLISH) for a more in-depth explanation of why this situation is such a disgrace to the government.
    Your predecessor has, unfortunately, disgraced himself with the Class Action as over a year ago he promised to champion our cause and arrange meetings with David Gauke and George Osborne.  It turned out he never had any intention of doing so, then he stole one of the victims’ Ark files and subsequently lied about it.  Ros Altmann has been little better, as she refused to meet two victims and me last December even though we had told her we were coming to her office.  You are therefore going to have to address a substantial amount of damage limitation in terms of your department’s performance.
    Pension scams are a huge international problem, with pension liberation being just one of the types of fraud perpetrated – not just in the UK but also all over Europe, the Middle East and beyond. There are regulated and unregulated firms, operating outright scams or grey-area cons.  The vast numbers of British victims losing their pensions to the scammers and con men undermine confidence in the financial industry and the financial services profession.  The disastrous “pensions freedoms” and the recent Justice Morgan case have made the situation significantly worse.
    Regrettably, your former job as Welsh Secretary has left a huge problem unresolved.  A Middle-Eastern firm of financial advisers was given a grant of £750k by the British government to create jobs in Wales, but instead of doing so, the money was taken offshore to the Gulf area and is now being used for illegal activities – including crimes against British citizens in Dubai, Saudi Arabia and Qatar.  This firm, which is not being pursued for repayment of the grant, is using this money to pay substantial bribes of hundreds of thousands of pounds to widen the scale of their market penetration.  I am happy to work with you to ensure the principals of this firm are brought to justice and the money repaid in full.
  • WASPI Debate in Parliament 7th January 2016 With Mhairi Black

    WASPI Debate in Parliament 7th January 2016 With Mhairi Black

    Parliament debated the WASPI issue at the beginning of 2016.  The culmination of months of hard work by the WASPI (Women Against State Pension Inequality) campaigners finally arrived on 7th January 2016. Mhairi Black (SNP MP for Paisley and Renfrewshire South) asked the Government to introduce “transitional arrangements” to help the hundreds of thousands of women suffering hardship as a result of the State Pension aged being raised from 60 to 66. It was never the campaigners’ case that the age should not have been raised at all – but that those women affected (born in the 1950’s) should have had proper notice to plan their finances and their retirement.

    http://on.fb.me/1XazD71

    Mhairi Black raises the Pension Equalisation Issue in Parliament on the 7th Jan 2016

    Mhairi Black Raises the Pension Equalisation Debate in Parliament on the 7th Jan 2016

    The surprise star of the show was the highly articulate and passionate Mhairi Black – aged just 21. With just eight months’ experience of being an MP, she shone out as a real champion of not just her own constituents, but all the WASPI’s who are victims of what was described as a “mess” caused by a succession of governments. This mess failed to communicate the raising of the State Pension age to those affected – either quickly enough or at all. Many women received contradictory notices from the DWP about when they could collect their pension and some received nothing. The resulting chaos is hundreds of thousands (if not millions) of women facing severe poverty, stress, physical and emotional health issues and relationship problems.  Mhaira Black stated that these victims had been “shafted” by the government.

    The Pension Minister has no action for WASPI
    Ros Altmann: no intention of doing anything to help the WASPIs.

    Another surprise in this issue has been the attitude of Ros Altmann who once “championed” the cause of women pensioners – even marching in the streets with them dressed as an “ordinary” woman. However, since being made Baroness and appointed Pensions Minister, her tune has changed from public-spirited enthusiasm to outright apathy at best – and total betrayal of WASPI victims at worst. The rest of the government has been no better – completely refusing to acknowledge the plight of the women affected.

    Steve Webb previous pension minister admitted coalition governement badly delivered pension equalisation
    Steve Webb previous Pension Minister – “bad decision made by the government based on a poor briefing”

    Interestingly, former Pensions Minister Steve Webb, has admitted that the Coalition government did mess up pretty badly – both with the decisions and changes and with the way these were communicated to those affected. However, while claiming this was caused by the government not being “properly briefed” he also put much of the blame on the previous Labour government under Tony Blair and Gordon Brown.Coalition Government brought in Pension Equalisation

     

    The opposition side of the House was not only pretty full but also full of praise and admiration for Mhairi Black and the WASPI campaigners – many of whom were sitting in the gallery watching the proceedings. However, it was evident that few Conservative MP’s felt this was an important enough issue to attend the House of Commons – as only two of them turned up at the start of the debate. By the end, this had dribbled up to five. The disgrace of this apathy by the Conservatives was repeatedly noted.

    Shadow Pensions Minister, Nick Thomas-Symonds WASPI Supporter
    Shadow Pensions Minister, Nick Thomas-Symonds

    Shadow Pensions Minister, Nick Thomas-Symonds, spoke in a powerful and compelling manner about the injustice of the situation addressed by the WASPI campaign.  All those who heard him also heard a man of principle who will make an excellent champion for the millions of victims of pension problems in the UK.

    By “champion”, I refer not just to the State Pension “mess” but also to the thousands of victims of pension scams who are facing poverty in retirement in the long term, and financial ruin in the short term at the hands of HMRC. Between 2010 and 2015 there were numerous pension liberation schemes set up, run and promoted by fraudsters who assured victims they could get “loans” from their personal and occupational pensions in a way that “exploited” tax law loopholes and that there would be no tax liabilities to pay. This has resulted in thousands of tax demands of 55% of the money “borrowed” from the pension funds – known as HMRC’s “unauthorised payment” charges.

    Pension Debate
    George Osbourne

    Sadly, it is statistically inevitable that there will be some unfortunate women who are victims of both situations i.e. WASPIs who have also been scammed out of their personal or occupational pensions and will be forced to pay 55% tax charges by HMRC. The Ark Class Action (including victims of not just Ark but also Capita Oak, Evergreen, Salmon Enterprises, London Quantum and other pension liberation scams) has tried to address the tax position with the Government. The object of the exercise was to try to negotiate a tax “amnesty” for victims who were assured by the fraudsters (one of which was a government consultant) that their “loans” were legal and tax compliant.

    Iain Duncan-Smith
    Iain Duncan-Smith

    The Secretary of the Ark Class Action met with her MP, Iain Duncan-Smith – also Work and Pensions Secretary – to raise the matter. He agreed it was an unfair situation and promised to organise a meeting with Chancellor George Osborne and Treasury Secretary David Gauke at the end of 2014. He took the Ark victim’s entire case file and assured her he would get back to her. That was the last she heard from him, and her case file mysteriously “disappeared”.

    WASPI
    WASPI: Women Against State Pension Inequality Campaign

    I have been tremendously inspired by the WASPI campaign, and impressed with the support provided by MP’s and leading journalists such as Paul Lewis and Jeff Prestridge. I hope this will lead to similar support being given to the Ark Class Action – as there is much to be learned from the WASPI founders’ approach. What WASPI and ACA have in common, of course, is they both represent a group of decent, honest, hard-working people who have been victims of injustice and whose interests are being ignored by the present government.

    Pension Equalisation Debate
    House of Commons

    Journalists have often asked me whether I was myself a victim of pension liberation fraud, and sometimes I have felt almost ashamed to admit that I am not, and that by definition I cannot talk with first-hand experience of the pain and distress suffered by the victims. However, I am a WASPI having been born in late 1954 and so can attest to the fact that I have NEVER received any notification from the DWP about the change in my State Pension entitlement date.

     

    Those who watched the debate on television will have seen and heard the passion of so many MP’s who have constituents affected by the WASPI problem. Viewers may also have noticed the pathetic turn out by Conservative MP’s – suggesting not just apathy but complete contempt for the matter. I myself noticed the blond woman sitting next to Shailesh Vara who couldn’t stop yawning while he was talking. I guess it must be pretty boring and exhausting listening to a Parliamentary Under Secretary of State at the Department for Work and Pensions trying – and failing – to defend the indefensible.

    Pension Equalisation Debate
    Shailesh Vara

    Unsurprisingly, the motion was carried by 158 to nil (the government didn’t even both to vote) – but there is no obligation by the government to do anything about the WASPI situation.

    STATEMENTS (SMALL SELECTION) MADE BY MP’S DURING THE DEBATE

    Mhairi Black (Paisley and Renfrewshire South – SNP): The 1995 Act increased the SP age for women from 60 to 65 to equalize the pension age so that women retired at the same age as men. The Turner Commission recommended that 15 years’ notice be given to individuals if their pension arrangements were to change to give them adequate time to respond appropriately. The changes were not to be brought in until 2010 which technically gave women 15 years’ notice. The problem is that nobody knew about that. As late as 2008, fewer than half of women knew that they would be affected. The National Centre for Social Research stated in 2011 that only 43% of women were aware of the planned change. Even the previous Pensions Minister, Steve Webb, recognised that not everybody knew that the changes had happened in the 1995 Act. Paul Lewis, financial journalist, told us that after researching he could barely find any reporting of the issue at all in 1995.

    A response to a Freedom of Information request states that the Department eventually wrote to individuals affected and that “Mail campaigns took place between 2009 and 2013.” That is 14 years after the 1995 Act. Women were not personally notified by anybody official until 14 years after the changes came in. That is 14 fewer years that women have had to prepare and to try to make alternative arrangements.

    But when giving evidence to the Work and Pensions Committee, financial journalist Paul Lewis told us that after researching this himself he could barely find any reporting of the issue at all in 1995. There were a few small press cuttings from the business pages at the back of some newspapers. A freedom of information request revealed that the Government did fund “broader” awareness campaigns, which ran in waves between 2001 and 2004, but that these campaigns “did not focus on equalisation in particular”. In fact, only one of the press adverts in those campaigns was focused on this issue—one press cutting roughly seven years after this had already been passed into law. It is quite evident that this whole thing became a total mess. I do not know whether it was not reported deliberately, for political reasons or fear of ramifications, or whether it was a genuine accident, but what I do know is that women were not notified. It was not reported and they were not given enough time to be able to make appropriate arrangements. This brings us on to the Pensions Act 2007, which increased the equalised state pension age from 65 to 66 between 2024 and 2026. It gave all affected people 17 years’ notice. That is fair enough, but then the Pensions Act 2011 came along and said, “Forget the 17 years’ notice, we’re going to rush this through. We need to do this right now.” The 2011 Act accelerated pension age equalisation for women and the subsequent increase to 66, effective from October 2016 onwards, meaning that affected women had only five years’ notice to try to remedy life plans that had been in place for years.

    Geraint Davies (Swansea West) (Lab/Co-op): The hon. Lady is making an excellent speech and I welcome the debate she has brought to the House. Does she agree that many of these women have had a lifetime of low and unequal pay in low-paid jobs? They have had broken careers, because they have brought up children. Some may have got divorced or separated. Their whole life plan has been disrupted, destroyed and impoverished by this awful change.

    Mhairi Black: I could not agree more with the hon. Gentleman. The 2011 Act made women wait an extra year to a year-and-a-half to claim their state pension. However, we have to remember and take into account the context that women did not know about the initial 1995 Act. We have a situation where there is a whole host of women who read about the 2011 Act and went, “Oh, God. Okay, I am going to have to be working an extra two years. I’d better start making plans. Oh no, wait a minute, I’m working till I’m 66. Where did that come from?” There is a whole host of women who have been given a double whammy. The Government have not and are not giving women enough time to prepare alternative plans. There have to be better transitional arrangements.

    The Conservative ethos is to encourage independence and responsible choice, but how can that happen if we do not give people the time to make the responsible choices? By continuing this policy at such a high speed, the Government are knowingly and deliberately placing another burden on women who are already trying to deal with consequences of an Act passed 21 years ago that they have only now found out about. To put that into context, I am 21—that’s how old this is. One of my constituents told me that she began working at 17 and chose to pay the full rate of national insurance on the basis that she would retire at 60. Other options were available to her, but she said, “I want to retire at 60 so I’ll pay the price, through national insurance, my whole working life.” She put it in a way that I think is a very good and accurate description of what is happening. She has now found out that she is not retiring until she is 66. She says: “The coalition and this present Government have stripped us of our pensions with no prior warning and with no regard to the contract we all entered when we were 17.” She uses the term “contract”. That is an important point, because pensions are not benefits; they are a contract. People enter into them on the basis that if they pay x amount of national insurance they will receive y at a certain age.

    The Government have said: “The policy decision to increase women’s state pension age is designed to remove the inequality between men and women.” That is a strange definition of equality: I am being shafted and short-changed purely because of when I was born and because I am a woman. That is not my definition of equality.

    Tim Loughton (East Worthing and Shoreham) (Con): I congratulate Mhairi Black on leading today’s debate, for which there is an extraordinary turnout, showing the considerable interest of so many Members in this subject. I was approached by several constituents who said they were going to be disadvantaged. I recorded a short podcast on the subject, which has now been followed by 145,000 people, many of whom have written to me about it—and not just my own constituents either. I want to pay tribute to the Women Against State Pension Inequality campaign, which has articulated the case so well in front of the Select Committee. Its petition has now been signed, I believe, by more than 103,000 people. I want to thank the WASPI campaign for the help and support it gave me, not least in telling nonconstituents to write to their own MPs rather than have them all writing to me—and I am exceedingly grateful for that. We all agree with equalisation of the pension age. Large sums of money are involved and difficult decisions have to be made, but it is important that the rule of fairness is applied as much as possible, and it is clear that a sizeable group of women seem to be bearing the brunt of these changes disproportionately.

    I have had representations from constituents who were in low-paid jobs with huge caring responsibilities for children and other family members when they did not have access to free child care and other things—and we have them to thank. Yet it is those people for whom I believe there has been a breach of trust, as these changes hit them disproportionately. We have a large duty of care to them, but I do not think we are going to fulfil it.

     

     

     

     

     

  • WASPI and The Five Blind Men

    The well-written and informative epistles by Frances Coppola, Henry Tapper, Joan Bakewell, Paul Lewis etc., remind me of the tale of the five blind men and the elephant:

     

    “Five blind men stood in a ring around an elephant, and were asked to describe it. Each in turn reached out and touched the animal and declared it to be like a snake; rope; wall; tree and leaf”.

     

    Individually, the blind men were all correct – in their own way. But whatever their perception of the elephant was, the fact remained that the poor beast was in danger of being killed by poachers.

     

    Similarly, whatever each of the commentators’ version of the WASPI issue is, the indisputable fact remains that there will be victims of severe injustice and hardship. You could say that the “elephant in the room” is the fact that this situation should never have arisen in the first place as proper notice should have been given, and that we are only now reading and writing about it due to incompetence/negligence /laziness/arrogance by successive cabinets. (In fact, Steve Webb – former Pensions Minister – suggests the blame lies squarely with Labour; but then he would, wouldn’t he!).

    The Pension Minister has no action for WASPI
    PENSION MINISTER ROS ALTMANN

    WASPI (Women Against State Pension Inequality) has a lot in common with the Ark Class Action (ACA) which I represent. ACA consists of hundreds of victims of pension scams – most of which operated some form of pension liberation fraud between 2010 and 2015. The schemes include Ark, Capita Oak, Westminster, Evergreen, London Quantum and dozens more. Most of the victims have not only lost their personal or occupational pensions (to worthless, toxic investments such as store pods, car parks, eucalyptus plantations and offshore property), but are also facing crippling tax penalties for “liberating” their pensions.

     

    I am no expert on the WASPI matter. But I am impressed with the various eloquent accounts of the history of State Pension Equalisation and technicalities of how National Insurance contributions fund the State pension. However, I am up to speed on pension scams – and it is clear that both situations have exactly the same results: poverty, despair and injustice. The victims of pension scams were told that the Ark/Capita Oak/London Quantum etc. pension schemes they were transferring to were safe because they were registered by HMRC and the Pensions Regulator and were therefore “approved”. They were also told they could get “loans” from their pensions and that there would be no tax implications as these loans legally exploited legitimate tax loopholes. Many WASPI’s, on the other hand, were told nothing by the government – until it was too late to do anything to mitigate the unexpected extra six years they would have to exist without a State pension.

    The government is effectively the trustee of the State Pension and should therefore abide by the same “fit for purpose” standards expected of all pension trustees. British citizens will simply not stand for the State Pension being run on “Ponzi” principles. What worries me is how many pension scam victims are in the WASPI boat – so are likely to drown not once; not twice; but three times at the hands of government incompetence.

     

    What I find hardest to swallow is the claim by the government and various commentators that those affected should have known – or should have taken steps to find out – what their State Pension age was (in plenty of time). Maybe; maybe not. All I can say is that I didn’t know (born November 1954). I have never received any notification from the DWP. Funnily enough, I was at the offices of the DWP on 8th December with two Ark victims – so somebody could have mentioned it to me then (although Ros Altmann was rather too busy hiding and waiting for the security guard to usher us off the premises to say anything very much).

     

    But irrespective of whether I (and all the others in the same boat) knew, should have known, should have checked, were given enough notice etc., the question remains unanswered:

     

    “what are we going to live on for the next six years?”

     

    Let’s assume, for the sake of argument, that we did all know jolly well (and had plenty of notice) and now we are joining the WASPI campaign just for the sake of it (bored with knitting clubs): how are we going to eat/live? Some women might be able to work. Some might not for a variety of reasons including health or availability of suitable employment.

     

    I know the argument has been put forward that the WASPI campaign is futile because there is “no money down the back of the sofa” to help victims through the transition period. So, what do we do? Go away quietly and starve? Perhaps Angela Merkel will take us in to save us from cardboard city under the railway arches.

     

    Personally, I think it is all a bit of a shame. We are a significant generation which saw the transition from post-WW2 austerity to the re-building of our nation – to which we all contributed in our different ways. I was a child from an orphanage, lucky enough to be adopted by a father who never spoke about his years in the RN as an Asdic operator and a mother who never spoke about her years in West London as an ambulance driver. And I think I deserve better – as do all the WASPI’s.

     

    I remain perplexed by Ros Altmann’s refusal to engage with the WASPI campaign (or the Ark Class Action – campaigning against pension scams). Is she really just a puppet in the hands of the silver-tongued Iain Duncan-Smith? Or is there a darker force at work? Altmann once marched in the streets in support of pensioners’ rights but is now refusing to acknowledge the injustice of the failure by government to give adequate notice of the change to State Pension age.

     

    Whatever the rights, wrongs, technicalities and “elephantologies” of the WASPI situation are, this government in general – and Ros Altmann/Iain Duncan-Smith et al in particular – are likely to go down in history as the thieves and scoundrels who sold the elephants up the river. Steve Webb – Pensions Minister under the previous Coalition government – has pretty much admitted as much.

    The Waspi in the Room

    The WASPI campaign has collected an impressive 100,000 signatures on the petition to have the issue debated in the House of Commons in a very short period. https://petition.parliament.uk/petitions/110776

    Indeed, Mhairi Black, MP for Paisley and Renfrewshire South, will be raising the matter on Thursday 7th January. The campaign has also succeeded in conducting very effective Facebook and Twitter campaigns and getting press coverage such as the Sunday Post’s one on 3rd January 2016:

     

    https://www.sundaypost.com/news/uk-news/betrayed-by-pension-reforms-thousands-of-women-left-desperate-as-changes-force-them-to-keep-working/

     

    So, back to the elephant in the room: remember when I handed evidence of multi billion pound pension scams to HMRC/government back in June 2014? And nobody (not HMRC; not the Pensions Regulator; not the government) did anything about it? And Police officers and Armed Forces personnel lost their Police and Army pensions to the scammers as a result? Well, I’ve got all the evidence as to where the scammers’ assets are (including one government consultant). So, with just a little effort from the government and HMRC, sufficient tax from serial tax evaders/pension scammers could be collected to facilitate an elegant transition for the WASPI’s without disturbing the sofa at all.

     

    Angie Brooks

    Chairman, Ark Class Action

    www.pension-life.com

     

    WASPI is an action group that was formed by five ordinary women who are personally affected by the changes to the State Pension Age and wanted to do something to address this injustice. WASPI was set up in April 2015 to petition against pension legislation changes in the State Pension Law. Having raised £6,000 via Crowdjustice (the first litigation crowdfunding platform in the UK), in a matter of days WASPI are in the process of establishing if there is a legal case to challenge the Government in respect of little or no notification of the changes to the SPA in 1995 and 2011. https://www.crowdjustice.co.uk/case/women-seeking-pension-justice/

  • Pension Liberation “Loans”

    Email to Michael Bridges, Compliance, HMRC from Angie Brooks, ARK Class Action – re pension liberation loans.

     

    11 November 2015

    Dear Mr. Bridges,

    Re: Pension Liberation “Loans”

    Thank you for calling me yesterday and for discussing the various aspects of the pension transfers and “loans”.  Some important points arose from our discussion, and I feel it would be valuable to get these recorded and addressed.
    The first issue was whether any of the members/victims ever asked their existing/ceding providers if they could provide a loan.  It has never occurred to me to ask this question so – by copying in a number of members to this email – I am reaching out to ask them this specific question:
    “Did you ever ask or consider asking your original pension provider – e.g. Standard Life, Aviva, Royal Mail, NHS etc. – whether they could provide a loan?”
    If I get any replies I will let you know.  I suggest the answer will be a resounding “no” – but rather than assume the response I will leave it to the experts, i.e. the victims themselves, to answer this question.  (I think you will find the answer in the Q10’s anyway.)

    How do Pension Liberation “Loans” work?

     Victims of different scams were told different things, and the “loans” were structured in different ways.  Some were told the loans were repayable; some that they were not repayable; some received elaborate loan documentation; some received nothing.  However, the common fact is that they were all told in no uncertain terms that the “loans” were not taxable.  Many of the scammers went to great lengths to try to create the illusion that there was no connection between the loans and the transfers and that it was entirely a coincidence that they both happened at the same time.

    Elysian Fuels

    In fact, in a recently-published case: Elysian Fuels (£240 million now valued at £zero) the participants were told by financial advisers that the 84% “loans” were not taxable and that regulated SIPP providers James Hay and Suffolk Life were fully aware of and “happy” with the “loan” structure.  I have copied and pasted the emails outlining this scheme below for your information.

    Tax Compliance

    The point I am trying to make is that if an “ordinary man in the street” is assured by an IFA, a solicitor and a SIPP provider that a transaction is tax compliant, there is no reason for him to question that assurance.  What makes matters worse for the victims (and better for the scammers) is that the vehicles for the scams – whether an occupational scheme, QROPS or SIPP,- are registered by HMRC in the first place.  This gives the illusion that there is something “safe” or “approved” about the entire structure and indeed the scammers often use the term “HMRC approved” to dupe the victims.
    I have copied James Hay into this email and hopefully – as a regulated SIPP provider – they will come back with some further professional and regulated views on how and why pension liberations/loans/maximising arrangements (or whatever “label” is used to describe the liberation mechanism) are so easy to sell as “tax free” transactions.  Hopefully someone at James Hay will be able to provide some enlightening “inside” information and views on the subject.
    I could tell that you felt impatient with the fact that so many people believed these various liberation scams were legitimate and tax compliant.  With the greatest of respect, I would point out that as you work for HMRC in Compliance, it is your job to be an expert on pensions taxation.  But the victims don’t tend to have that knowledge or education and won’t have read Tolley’s Pensions Taxation (420 pages) http://www.amazon.com/Tolleys-Pensions-Taxation-2014-2015-Stephen/dp/0754549356.
    You also pointed out that if there was no loan agreement or contract, then there was no loan.  Each scam worked differently, and as far as I can see the only one with a proper, enforceable loan contract was the Evergreen QROPS/Marazion loan scheme run by Stephen Ward from Spain.  The word “loan” was merely a four-letter word – sometimes accompanied by the term “non recourse” as in the James Hay/Elysian example below.  We could debate “when is a loan not a loan?” all day long, but the bottom line is that the victims were misled and defrauded.  In some cases by a government consultant on pensions; and in some cases an added layer of apparent respectability enhanced the illusion that the transaction was safe and compliant by involving FCA-regulated IFAs and SIPP providers.
    Another scheme for pension liberation was Salmon Enterprises which worked with the trustees Tudor Capital Management.
    All in all, it is a disgraceful state of affairs, and I am afraid HMRC themselves have played their own part in helping facilitate these scams for the past five years – resulting in ruin for many thousands of victims while lining the pockets of the scammers.
    Regards, Angie

    From: Alan Fowler <fowlerpts@gmail.com>
    Date: 17 October 2013 21:28:21 BST
    To: William Perkins <billperkins62@gmail.com>
    Subject: Fwd: a solution for you !

    Interesting….but I’m amazed that reputable SIPP providers will countenance this.   Who’s making the loans?  I’m not sure I see how the SIPP pays the member (or anyone for that matter) £100k – with what/who’s money?  And won’t the SIPP need to verify that the shares in Xco are actually worth £100k.   That said, if the IFA is doing these, it seems the process works………..

    Regards,  Alan
    ==============
    Begin forwarded message:
    From: Stephen Ward <SWard@ppsespana.com>
    Subject: Re: a solution for you !
    Date: 17 October 2013 20:58:15 BST
    To: billperkins <billperkins62@gmail.com>
    Cc: Alan Fowler <fowlerpts@gmail.com>
    The arrangement I heard about today works like this as an example ( ignoring fees) and this is the simplistic version …
    1.  Client borrows 16k or thereabouts (this is available in the package)
    2.  He gets a non recourse loan (which will not be repaid) of £84k
    3.  He buys shares in Xco for £100k.   These are listed on the CISX ( name is Elysium)
    4.   Transfers £100k to James Hay SIPP
    5.   SIPP pays member £100k for the shares .,,,
    6.   Member repays the 16k and trousers £84k
    My IFA connection has done 40 of them so far
    Advice to transfer to the SIPP is from an FCA regulated IFA
    James Hay and Suffolk Life know the full structure and are happy with it ….
    Fees ….. On transfer to SIPP ( need to agree the commercials with the IFA)
    Regards
    Stephen
    Sent from my iPad
  • PRUDENTIAL’S TRANSFERS TO PENSION SCAMS

    Paul Manduca – Chairman of Prudential

    LETTER TO PRUDENTIAL’S CHAIRMAN RE TRANSFERS TO PENSION SCAMS

    Dear Mr. Manduca

    As you are the Chairman of Prudential, and in light of the recent POS determination in respect of a Capita Oak victim’s transfer out of Prudential and in to a scheme which was clearly a pension liberation scam, I feel it is important to bring to your attention the significance of the Ombudsman’s decision for Prudential, dozens of other ceding providers, and for the thousands of victims of pension liberation fraud.

    The Pensions Ombudsman feels there should be a distinction between the culpability/negligence of transfers made by ceding providers pre-tPR Scorpion campaign and post. I disagree very strongly and believe that if you allow this precedent to impact on the defrauded members of Prudential, this will also allow other ceding providers (your competitors) to escape responsibility for failing the thousands of members who have fallen victim to scams such as Capita Oak. This will impact severely on the credibility of not just Prudential but the whole industry and Britain’s ethos of saving for a pension.

    The Pensions Regulator was issuing warnings about pension liberation fraud back in 2009. But in 2010/11, Prudential allowed dozens (at least) of transfers into Ark. Following tPR’s action (placing the six Ark schemes into the hands of Dalriada in May 2011), and a high-profile High Court ruling by Justice Bean which declared Ark to be a “fraud on the power of investment”, Prudential do not appear to have improved their due diligence at all.

    HMRC state that “members and pension providers would have been aware of warnings/tax consequences in early 2012 (to pension liberation scams) as there were sufficient warnings and publicity available within the public domain from regulator websites, such as HMRC’s, the Pensions Regulator and the Financial Conduct Authority and a number of pension provider websites.”

    And yet, in 2012/13, Prudential transferred at least 28 members’ pensions totalling more than £829k to the Capita Oak pension liberation scam. Around half of these were post Scorpion. (Scottish Widows, by comparison, transferred more than £750k into Capita Oak and half of this was post Scorpion.)

    Also in 2012/13, Prudential transferred at least £383k to another pension liberation scam: Westminster. Most of this was post Scorpion. Prudential was beaten only by Scottish Widows who transferred more than £485k to Westminster – all of it post Scorpion.

    In none of the transfers did Prudential seek confirmation that the members were genuinely employed by the sponsors of Capita Oak and Westminster. Had they done so, they would have found that both schemes had the same spurious “employer” (a non-existent company in Cyprus) and the same administrator: Imperial Trustee Services Ltd.

    Prudential also failed to spot that both these schemes’ transfer administration was handled by Stephen Ward’s company Premier Pension Transfers Ltd at 31 Memorial Road, Worsley (with Ward’s Spanish firm Premier Pension Solutions SL being a tied agent of AES Financial Services Ltd, an FCA-regulated firm). A little more gentle digging with a very small spade would have found that Ward was the principal promoter and administrator for Ark.

    In researching the Ark, Capita Oak and Westminster members’ files, I can find no evidence that Prudential did any due diligence at all in respect of any of the transfers. Prudential asked no questions of the members or of the administrators of the schemes. Prudential asked for no copies of the trust deed or the scheme accounts or evidence of the sponsoring employer. There is no evidence in my possession that Prudential’s transfer due diligence improved at all post Scorpion.

    In response to one of my complaints to Prudential in respect of a transfer to Ark, Prudential’s Customer Relations Specialist Yvonne Kewell wrote on 7.3.15: “I can assure you that all appropriate checks were done before we transferred the fund. We followed the correct process as required at that time”.

    If Prudential’s “appropriate checks” and “correct process” between 2010 and 2013 were to fail to heed tPR’s warnings as far back as 2009 and beyond; ignore advice widely available in the public domain in early 2012 (according to HMRC); neglect to adhere to the Scorpion checklist in 2013, then what possible faith can the public have in Prudential or indeed the rest of the industry?

    To my knowledge, Prudential have transferred well over £2m in members’ funds to pension liberation scams (and that’s just the ones I know about). Operated by the same scammers. In the same manner. To the same effect for the victims: poverty in retirement and crippling tax liabilities which may result in homelessness.

    Prudential’s Ms Kewell’s concluding statement reads: “I hope my letter explains our position”. If Prudential’s position is that it is acceptable to fail its members and ignore warnings/advice widely available in the public domain over a four-year period, then perhaps that redefines the term “customer relations”?

    Prudential has a once-only opportunity here to emerge from this series of debacles as a shining example of how a leading pension provider should respond to valid complaints of negligence. If Prudential sets a conscientious example and compensates the victims voluntarily (notwithstanding the POS determination above) then all the other providers will have no option other than to follow suit.

    I have thrown down the gauntlet. I look forward to your early response. You and Prudential can either emerge as a hero or a villain since I can assure you there is a determined and highly-organised campaign to bring ALL negligent ceding providers to justice in respect of negligent transfers to pension liberation scams. With a compliance and legal team the size of Huddersfield, I sincerely hope that Prudential will now elect to become a hero amongst the depressing tide of ceding providers who have sought pathetically to justify their failings in thousands of negligent transfers to obvious scams.

    Regards, Angela Brooks – Chairman, Ark Class Action and Pension Life
    www.pension-life.com