We claim this as a Victory!

"Dear SH, thank you so much for your help. My wife and l have just returned from holiday and when we arrived at East Midlands Airport where stopped by Customs. We bought 25 sleeves of Silk Cut (mine) and 15 sleeves of Menthol Superkings (hers) which will last us both for about a year. The officer asked us if we had any tobacco or cigarettes and we replied yes. He started to ask more questions but stopped when l handed him our statement of truth as advised by you. He started to read it and asked why we had done this and l said because we had been advised to. He then told us to wait and then went off with our statement of truth. We waited for about 20 mins and when he returned he just said we can go and tried to hand me back our statement. l told him that that copy was his and would he please sign to say he'd received it but he refused and put the statement on the table in front of me. l took his number but he would not give me his name. We then left and left the statement on the table. Other holidaymakers that had been stopped at samie time as us were still being questioned and if it wasn't for you we would have been to.Thanks again for all your help and we shall sing your praises to all our friends.
Mark and Kathy ********* "

We are really happy for Mark and Kathy but feel we should add a cautionary note. We cannot guarantee that the Statement of Truth will always give this result. This is because you can and do get UKBA Officers that will confiscate your goods no matter what. lt once happened to Zaphod and the UKBA Officer that was interviewing interrogating (if that's possible) him simply refused to look at any of Zaphods documents or evidence. This officer was confiscating Zaphods goods and nothing was going to stop him. Zaphod did get his goods back on appeal.

So, be aware of this and don't panic if they do this to you. Stay calm, stick by your Statement of Truth and do NOT sign their notebook! Make sure all your goods are documented correctly on the C156 Notice you must receive and all the UKBA Officers details are there too incl the appeal address.Go home and put your appeal in as soon as possible. We have never lost an appeal.

Enough of that, back to Mark and Kathy .....

UKBA/HMRC and the Black Spot (Statement of Truth) ## UPDATE##

This will be the third time that l know of that our Statement of Truth has been used when shoppers have been stopped by UKBA/HMRC. In all 3 incidents UKBA/HMRC have shied away from the Statement of Truth as though it is the Black Spot.

What do l mean by shied away? UKBA/HMRC officers look at it, 'read' it and then are unsure on what to do. This is new territory for them and now it's their turn to be unprepared. Each time the question arises from them "Why have you done this?"

WHY? ... because we no longer agree to play 'the game' by their bent rules and tactics, that's why! They really, really don't want you doing this because it severely disrupts and negates their tactics. They are used to interrogating you with trick questions and the like so they can get you to contradict yourself. That's all they need to confiscate your goods .... with the help of some 'Skeds' .

The Statement of Truth addresses and answers  their A-J questioning in their interrogation procedure so they now have little to work with. But here is the point, none of these 3 incidents l've mentioned have gone any further than the informal interview interrogation!

There has not been any formal interviews interrogations. None of the notebook farce either where they ask YOU to sign it as an accurate and truthful account of the interrogation (which will then be used against you) and as l've mentioned before, they refuse to give you a copy of it!

We do no such thing with our Statement of Truth, we take 2 copies and the UKBA/HMRC can choose either copy. All we ask of them is to sign to say they've RECEIVED it! Not whether it's contents are true/factual blah blah but just to say they have received it. Guess what? .... they refuse to do it!!! Yep, they want you to sign their notebook which in reality could amount to a 'confession' by you .... but THEY won't even sign a receipt for your Statement of Truth. lf that doesn't open your eyes, nothing will!

So, just take their ID numbers and write them down on your Statement of Truth (both copies), sign and date them and then leave them one. Remember you should be recording all this on audio/video

NEVER sign their notebook saying it is a true and factual account. lf you must sign, sign it without that statement or if they've already written it down for you .... cross it out and then sign.

I realise that it's only 3 incidents but you must remember that this is something new that we've implemented. l'll post all reports of using the Statement of Truth regardless of the outcome. We've done the theory now we are doing the practical. So far, so good. No tobacco/cigarettes have been confiscated.

You take out holiday insurance when you go abroad, the Statement of Truth is a form of insurance for your purchases of tobacco/cigarettes. Whatever the outcome when being stopped by UKBA/HMRC, you're in a far better position by using the Statement of Truth than not using it.

Statement of Truth for Cross-border Shoppers #Updated#

EXAMPLE

Statement of Truth

3 pages

Mr Marlboro

1 Golden Virginia Avenue

Smokeytown

UK

To whom it may concern,

                                           I, (name), d.o.b. (date) passport number ##########, traveled from UK (airport,port) to (destination) on the (date) re (reference/booking/flight number).  I returned UK (airport,port)  from (destination) on the (date)  re (reference/booking/flight number). 

I purchased 20 cartons (4000) of Marlboro cigarettes and 1kg of  Golden Virginia HRT on this trip for my own personal use and they are not held for a commercial purpose. I am not a revenue trader. These purchases were all EU Duty Paid as per regulations. There are NO limits for personal use EU Directive 2008/118/EC

I have purchased the tobacco as an occasional gifts to my son for his birthday and Xmas. I shall give him 500gm for each occasion. The cigarettes are for my own consumption and l would expect them to last me for approx 14 weeks as l smoke approx 40 cigarettes per day. (1 week 280, 14 weeks 4000 approx).

I  have the funds to afford to purchase these goods, in fact l cannot afford NOT to buy them abroad. Marlboro cost  £6.83 for pack of 20 in Asda and only £2.25 for pack of 20 in Poland. Over 14 weeks, by purchasing in Poland, that saves me approx  £916 compared with purchasing in Asda UK. (200 (packs of 20) x £6.83 =  £1366 in  Asda , 200 (packs of 20) x £2.25 = £450 in Poland …. £1366 – 450 = £916). Even taking off the cost of the trip to Poland including flights, accommodation and food/drink l will still be better off by over £700 than purchasing in the UK. So, not only do l save a great deal of money, l get a mini-break abroad too. One would be foolish to the extreme not to do such a thing.

I  spend approx £50 for my son’s birthday and £50 for  Xmas. I bought 1kg of Golden Virginia in Poland for £94 (2 x 500gm packs @ £47 each). My son will get 1 x 500 gm pack for his birthday and 1 x 500gm pack for Xmas. Although to him it will be like receiving a gift of  3 times that value as l believe Golden Virginia is approx £14.09 for 50gm at Asda. I have no idea what my son’s consumption rate is and how long these gifts will last him.

I have the receipts for the above purchases. I can afford the outlay for this trip but l could’ve just as easily put it on my credit card or taken a loan. The results would all be the same, l save a great deal of money and have a mini-break abroad.

10 weeks (dates) ago l spent a weeks holiday in Tenerife but as there is a limit on duty free cigarettes l only brought back my allowance of 200 cigarettes. 14 weeks ago (dates) l was again in Poland and bought 20 cartons (4000) of Marlboro but no tobacco. I was stopped by UKBA upon my return from Tenerife but only had the duty allowance of 200 cigarettes so was allowed to proceed. No doubt your records will verify all this.

UKBA says it has duty to protect the revenue and the legitimate trade yet the UKBA fails to understand (or ignores) is that is exactly what the legitimate shopper, like myself is doing. I pay all the taxes and duties on all my purchases in the EU. I don’t buy from “white van man” or the “Chinese counterfeit gangs” and hence they have no support from me. Harassment and intimidation of legitimate EU shoppers is playing into the illegitimate and counterfeit trade’s hands. One wonders what percentage of legitimate shoppers who’ve been frightened off by UKBA tactics into no longer purchasing legitimate duty paid goods from the EU for personal use are now customers of the very trade that UKBA purport to be against?

I state again that l purchased the cigarettes/tobacco for my own personal use and they are not held for a commercial purpose and neither am l a revenue trader.

.

1. I conformed to EU Directive/2008/118/EC
2. The cigarettes/tobacco are for my own personal use (incl occasional gifts).
3. I purchased them with my own money.(receipts shown)
4. They are not held for a commercial purpose.
5. I am not a revenue trader.
6. I transported the goods myself.

l have now given all the information  you require (EU Directive 2008/118/EC) that shows my legally purchased EU duty paid cigarettes.tobacco are for personal use only and not held for a commercial purpose

Now please let me proceed with my legally purchased EU duty paid goods without any further let or hindrance.

Copy of this statement of truth to be retained by myself and another copy given to UKBA Officer ………….          ID number ……….            at (port/airport)

"I believe that the facts stated in this witness statement are true."

Signed …………………………    Print name…………………. date …………………

Comments by UKBA Officer (optional)

Statement of Truth (3 pages) received by

UKBA Officer  ……………………….           (print name)

UKBA ID number ………….  

Signed  …………………………….

Date …………………..

......................................................................................................................................................................

Specimen only.  Amend and fill in your own details and info. This answers most if not all of the questions UKBA ask you in their interviews interrogations which they refer to as the A-J’s . If they ask you questions that the answers are already contained in this statement of truth …. refer them to it. Do not rabbit on,  instead keep everything precise and factual … nothing more.

Whilst being questioned, they may ask you a question and you answer and then they remain silent looking at you … say nothing. This is a technique that is applied to make you rabbit on and they hope will trip you up. Stay silent and simply look back at them. It does not matter how innocent you are, if you start telling stories the chances are greater they will find a reason to confiscate your goods. They are NOT your friends …. Period! Stick to precise and short factual answers … nothing more.

If you are traveling with a friend who is also purchasing tobacco/cigarettes DO NOT be with them when they purchase these goods. You then have no idea on how much they purchased and therefore cannot be questioned on it. Never ask your friend how much they smoke either … this is personal and nothing to do with you. Also you cannot therefore answer any questions about them, can you?

Ask them to record the interview, they almost certainly won’t but ask anyway.

Regarding the UKBA’s officers notebook. If you are interviewed, we advise very strongly that you do not sign it with any statement saying that it is a true and factual account of the interview. They may try to intimidate you into doing so but it is all bluff … we know through experience! If you sign the notebook as being a true and factual account of the interview, IT WILL BE USED AGAINST YOU! You have been warned!   It will be used against you anyway but l'm sure it doesnt need you signing to say it's truthful and correct! .... you're acting for them if you sign it!

Don’t forget to record everything. If your phone won’t do it, get a recorder. They are cheap but if you are ever stopped by UKBA they are worth their weight in gold. It is NOT illegal to record them without their knowledge … PERIOD! In fact get a recorder! Like this one

Insist on a copy of the notebook as you’ll need it if they seize your goods. It’s no use asking for it at a later date as they’ll take about 40 odd days to get it to you (these will prob be working days) and you only have 28 days to appeal (surprise, surprise, this doesn’t include working days).

Contact us at info@nothing2declare.co.uk website http://nothing-2-declare.blogspot.com/

l may add info to this as it is first draft so revisit to check.

Also save your empty packets and tobacco pouches. The cigarette packets ...  all you need do is cut the back off with the EU Duty paid label still on it. Take these with you and when they ask how much you smoke ... bring them out and show them! 

lf you smoke your last cig before you get on plane or just before you get off ferry .... make sure you open a fresh pack and carry it on your person ... with your lighter (and cig papers). Don't pack them in your luggage.

Download Statement of Truth Doc here 
Updated 24/05/11 22.46


Download may be updated so keep coming back!

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