HMRC action. What happens next?
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BrassFarthing
Posts: 24 Forumite
HMRC are proceeding with bankruptcy action against me as I owe them £40,000 and they rejected my offers of payment. I was served with a Statutory Demand 2 weeks ago. Can you tell me what will happen now? Will the court write to me or will they call at my address again? Do I have to attend the High Court hearing and how much notice will I get? Also, do I have to fill in the same bankruptcy forms as if I were applying myself? Any advice you can give me gratefully received!
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I assume you agree you owe them this money.
Do you have other unsecured debts?
Do you have any assets eg a property with equity?
Are you happy to go bankrupt?0 -
Hi BrassFarthing
If it gets as far as a hearing, you should be served notice no less than 14 days beforehand.
Longtermplanner has asked the crucial questions above though so we're looking forward to hearing the answers!
Dennis
Twitter: @natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
BrassFarthing wrote: »HMRC are proceeding with bankruptcy action against me as I owe them £40,000 and they rejected my offers of payment. I was served with a Statutory Demand 2 weeks ago. Can you tell me what will happen now? Will the court write to me or will they call at my address again? Do I have to attend the High Court hearing and how much notice will I get? Also, do I have to fill in the same bankruptcy forms as if I were applying myself? Any advice you can give me gratefully received!
As HMRC have refused your time to pay request(s) and you have been served with the Statutory Demand, the next step is for a Field Force Agent from HMRC to try and serve you personally with a Bankruptcy Petition.
If they cant serve you personally they will then serve it by post (substituted service when authorised by the Court).
If you dont object to the Bankruptcy . write to the Court to say so, and the bankruptcy will go through quickly.0 -
I was saving to file for bankruptcy myself but no need now. The house is in my husbands sole name and always has been. He pays the mortgage and all the household bills and I pay for the shopping and my own expenses as I am on a fairly low wage.
I do owe the money and have a county court judgement to a previous trade creditor of around £15k and another £12k in credit card and bank loan defaults so happy to proceed with the bankruptcy in order to make a fresh start. I have been struggling for nearly 2 years trying to manage the debts but could not make large enough payments for HMRC.
I work full time and I am worried that HMRC will call at my workplace to serve court papers. Is it possible to arrange an appointment to serve the papers or will they not do this?0 -
BrassFarthing wrote: »I work full time and I am worried that HMRC will call at my workplace to serve court papers. Is it possible to arrange an appointment to serve the papers or will they not do this?
Hi again
Yes - they would be expected to make efforts to arrange a suitable appointment with you for personal delivery of the petition. The delivery would generally not take place at your workplace - unless you had specifically requested this when arranging the appointment. In the first instance, the creditor/their representative or court officer will generally attempt to deliver the petition at any known residential address or business address - the latter refers to any trading premises of yours (if you ran a shop, for example), as opposed to your employer's premises.
Regards
Dennis
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
National Debtline are right !.
For the service of the petition you can be asked to be served anywhere you want (within reason) and the HMRC Field Force Agent will try to oblige.
If you want to be served away from the address that HMRC hold for you. then they will ask for proof of ID before the petition is served.
HMRC like to do these things discreetly !.
Hope this helps0 -
My husband was served petition, as he works 8am-11pm most days they kept turning up during day and i kept saying he was not in so they said they would serve through post.
well until a week later a knock on door at 6.35am (SHOCK) yes woke house up and kids to serve papers and they were knocking at least 15 mins as we never heard them!
but they will serve papers thats for sure.0 -
Thanks for the advice. I think I will contact them to arrange an appointment. It has to be better than them persuing me.
Do you know what paperwork I will have to provide? I am assuming that as they are taking action against me I don't have to complete the bankruptcy application? What about the SOA do I provide this to the court on the day?0 -
BrassFarthing wrote: »Thanks for the advice. I think I will contact them to arrange an appointment. It has to be better than them persuing me.
Do you know what paperwork I will have to provide? I am assuming that as they are taking action against me I don't have to complete the bankruptcy application? What about the SOA do I provide this to the court on the day?
The Field Force Agent will call at your home address and try to serve you there, they will normally try twice.
If they are unsuccessful they will send you two letters setting an appointment (date & time) to try and serve you again.
On that letter will be the Agents name and mobile telephone number, call them to arrange service at another venue (if you dont want it served at home or work).
As for ID purposes, its photo ID they ask for eg passport/ Driving License.
Hope this helps..0 -
To the OP?
In light of the events you now know are going to occur, have you already commenced making suitable financial preparations to allow you to best cope, and take advantage of, the Bankruptcy?
Preparations like, have you opened one or two Co-op CAshminder bank accounts?
Or, have you been into Barclays to open their basic bank accounts?
Then, have you transferred all essential DD's, etc?
Although you may not feel it, have you taken on board the frame-of-mind of someone who has endured overwhelming debt, and is now taking action to deal with it?
In many ways, you are lucky someone else is forking out the fees for the BAnkruptcy...
The above 'advice ' is to help offset the time when one comes back on here wanting to know answers as to why you cannot obtain or retain all the services one would have normally expected to retain?No, I don't think all other drivers are idiots......but some are determined to change my mind.......0
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