VATman - adjourned petition TOMORROW (Monday) - JUST found out - help!

In-a-total-panic

Sorry, I am in a total panic!

I have tried to quickly read up on things but I am in such a flap I don't seem to be able to find the info I need.

I am a sole trader/proprietor. I had several VAT returns I didn't complete & the VAT man raised assessments (obviously grossly inflated). These have not been paid and he issued a Statutory Demand. The hearing was due in April. I phoned and explained I had sent all the figures in January. They said because of changes of office they had the letter from me & not the figures. They therefore said they would adjourn the hearing and await the figures.

With so many very complicated things happening in my life at the moment I have not resubmitted the figures - even now it would take me some hours, even a day, to find them because of the mess I am in. Bizarrely, with my family back to school tomorrow and with no work commitments for several days, I genuinely had made plans to get down to this first thing in the morning (Monday).

My wife and I are in the process of separation. Within the last few minutes out of the blue she asked about my High Court appearance tomorrow morning!

She says a "friend" had seen my name on the court-list! She wanted to know what's going on! I don't know!

I genuinely know nothing of this, but she referred me to the High Court website. Low and behold it has my name (and I assume it's me and not someone with the same slightly unusual name (and same initials)) down for "Adjourned Petition".

Since the phone call in April, when I was told it would be adjourned, but NO DATE WAS GIVEN, I have heard NOTHING from the VAT-man or any related body.

I will phone first thing in the morning to try & find out what is happening. But if something really can happen without me knowing, should I be making a mad dash into London instead to appear in person? Can I stand there and say I haven't been told about tomorrow's hearing? (A bit odd as to say that I'll need to be there!)

What does "Adjourned Petition" mean? Does that mean everything is frozen straight away? Do I not get a chance to halt things - or has that now passed?

Or is an "Adjourned Petition Hearing" setting a date for the actual hearing? I do not understand the process!

What do I do? I am in a terrible state. I can't believe this has happened just as I was hoping to put it to bed. I know I should have acted sooner - but I haven't. PLEASE HELP!

sniggings

I'm sure it will be fine in the morning,it sounds like it may just be them asking for another date for your case,and as you have not been informed would think not much can happen in that case?

So_Sad_Angel

Hi IATP

Firstly....welcome & calm down.

Call the court first thing...explain that you have had no notification & ask what the procedure for adjournment is. These things happen & you need time to prepare yourself.

Its tough but hopefully this will make you get it sorted out once & for all.

Please let us know how you go on.

Angiexx

In-a-total-panic

Thanks for the replies and the attempts to calm me down. I'm not sure I'm going to be able to sleep tonight!

I'll try & phone the High Court in the morning. Haven't a number yet and can imagine getting a right run around if I can get through, but I'll give it a go.

I'll also phone the VATman's solicitors & see what they say - I should have the number from April.

The bit that worries me is if it is actually going ahead as a bankruptcy. Should I be aiming to jump on a train to get into London? The trouble is I'd really need to be on the way around 9am, and that doesn't really give me chance to make calls as well.

Is being listed as an "Adjourned Petition" the same as "Petition", except it was adjourned last time? If so, at "Petition"/"Adjourned Petition", in response to the VAT man saying "he's owed us for a long time & he hasn't paid, does a Bankruptcy Order start immediately? Should I get some cash out of the bank first thing in the morning in preparation for everything suddenly being frozen?

I'm sorry, but everything I have read so far, I can't quite understand if at the petition hearing that's it, bankruptcy is in full swing ... or just an agreement for another stage, perhaps fact-finding or whatever.

I'm still bewildered, but do hope that as I haven't received anything in the post that it will all be adjourned again. Or what if it was posted but I never got it? I'm pretty sure the letter regarding the April hearing was just sent by ordinary post.

Is this costing me money? Am I going to get court and solicitor bills from the VATman?

Thanks again for the comments so far.

beentheredonethatstilhere

It does sound that this is the hearing for your bankruptcy I'm afraid. Ring the court and the soliciters asap in the morning. Explain youhave had no letters. If they say yes then remove all your money from your accounts. Your bankruptcy will come into force as soon as the judge stamps your papers. You don't have to be there, all paperwork will be dealt with in your absence.

Once you have your answers from the High Court/Soliciters then give Business Debtline a ring and have an urgent chat with them, they will make sure you understand everything that is happening and give you professional advice.

http://www.bdl.org.uk/

In-a-total-panic

Thanks (sort of!!).

If you are right, which I have a horrible feeling you may be:

1) Empty money from accounts. Can't that be deemed as obstructive? Do I not need to worry about all the household DDs going out - or is that the least of my problems? Will the appointed geezer not ask where it's gone?

2) Does that include joiunt accounts - are they frozen too?

3) Would it not serve any purpose for me to rush up there in person and say "Oi - nobody has told me about this (apart from my ex-wife-to-be last night)?

Thanks.

tmcd01

Take all the money out, and if asked explain that you need cash to pay all bills and food etc, as all your DD's will not be paid.

It does include joint accounts - nb any overdrafts etc on joint accounts now become the responsibility of the other person.

Wouldn't think it would make much difference tbh... but you can try!?!

In-a-total-panic

Thanks.

Sorry but another question.

There is a Building Soc a/c we opened when our child was born and every month the child allowance is automatically paid into it and not touched. It is now a very substantial amount. It is a junior saver type account. The account has our child's name on it, but also mine and my wife's, with us as the signatories.

What do I do about this. I assume if I go and ask for cash they just won't be able to give me that much. Or is that account safe?

How do "they" know what accounts you have to freeze them?

tigerfeet2006

In-a-total-panic wrote: »

Thanks (sort of!!).

If you are right, which I have a horrible feeling you may be:

1) Empty money from accounts. Can't that be deemed as obstructive? Do I not need to worry about all the household DDs going out - or is that the least of my problems? Will the appointed geezer not ask where it's gone? No, you are allowed living expenses. Cancel all DDs. Get in touch with them and tell themyou are changing bank accounts and would like to pay over the phone/paper bill until it is sorted. Ring the Co-op and open a Casminder or Barclays and open a Cash account tomorrow. These are the only BR friendly accounts.

2) Does that include joiunt accounts - are they frozen too? Yes, so get any money out as well. It is most likely to late to get your name removed from them. If there is any OD's on them you ex will be responsible for them in full, also any joint loans. Get your ex to open a new account as they will most likely not let you keep them.

3) Would it not serve any purpose for me to rush up there in person and say "Oi - nobody has told me about this (apart from my ex-wife-to-be last night)? It is up to you, don't go and ring and make sure they are aware of the situation or go and fnd out what is happening in person. To be honest, I would go and tell them in person you have had no notification, if you can afford the train fare.

Thanks.

I hope you get this resolved soon. As advised get in touch with BDL as soon as possible an talk it through with them.

In-a-total-panic

UPDATE - I hope!

I've spoken to the solicitors. For some reason the letter informing me about today was sent to a business address I left over 2 years ago (even though their previous letter was to my current address!)

They are therefore going to phone the VAT office to confirm that they can seek an adjournment.

I have to phone them back in a while to confirm that has been accepted.

Fingers crossed.

tigerfeet2006

Definatly fingers crossed for you.

Get on to BDL as soon as you can though. Sort out your paperwork and get the figures to the VAT man as soon as possible and offer a repayment plan. Though depending on the rest of your debt then it might be worth just letting them make you BR.