HMRC Statutory Demand

creamcheese

Just a quick question about statutory demands...

If a statutory demand is issued for a certain amount of money (X), can the creditor then go for a bankruptcy order if X has been reduced between the stat demand and court date?

I'm asking as my OH has been issued with a SD from HMRC. We're trying to get this set aside. They were missing one tax return on which a determination has been made and we've sent this to them today. This will obviously reduce this bill, although not by much as the bulk of the total is from penalties and charges.

So will they have to issue a new SD (if they refuse our installment offer) or can they go to court with a SD of an incorrect amount?

(we know this won't be enough to have it completely set aside, just wondering if it means there'll be a delay whilst they issue a new one)

If you need any further information, please ask

fermi

I seem to vaguely remember that in cases like yours that the SD can be amended at the set aside hearing.

Not sure if that was in the Insolvency Act(s), the Insolvency Rules, Civil Procedure Rules or somewhere else. May even have been just read on another forum.

Sorry that's not that helpful.:o

tigerfeet2006

Possibly a call to the Insolvency Service might be useful. You don't have to give your name. Number in my signature.

philnicandamy

or submit an online question here if you cant get through

http://www.insolvency.gov.uk/contactus/general.htm

creamcheese

Thank you peeps. I'll see what I can find out and let you know

Richard_S

Hi creamcheese,

A S.D is issued on the basis of a debt at a specific point in time. The amount of that debt will almost always change, usually increasing as interest and charges are applied, up to the point of the debts being satisfied, either by payment in full, an agreed payment plan or bankruptcy.

Unusually, yours has gone down slightly, but I'm almost certain it won't affect the timing of the S.D or a possible Bankruptcy Order. In the event of a B.O being issued then the correct figure would be used there.

Regards

Richard

creamcheese

Richard_S wrote: »

Hi creamcheese,

A S.D is issued on the basis of a debt at a specific point in time. The amount of that debt will almost always change, usually increasing as interest and charges are applied, up to the point of the debts being satisfied, either by payment in full, an agreed payment plan or bankruptcy.

Unusually, yours has gone down slightly, but I'm almost certain it won't affect the timing of the S.D or a possible Bankruptcy Order. In the event of a B.O being issued then the correct figure would be used there.

Regards

Richard

Thanks for that, Richard. It's what we had guessed but just wanted to confirm it. TBH, the sooner the better at the moment!