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Notice warning of enforcement by distraint

Hi, brand new here, hope this is the correct procedure. Have started to look around the site, but everything is blurring together!!!

Hopefully someone can offer me some good advice.

Have just received the above letter. Starting to panic!

I have been holding off significant debts for quite a few years now.
All my commercial debts are on nominal payments (CC, Loans, Overdrafts etc).

However I have this enforcement for unpaid VAT between June 2010 and June 2012. I don't dispute it, I have been trying desparately to keep my head above water, and look after my family.

I also have unpaid taxes going back a further year (I have sent through my first set of accounts to HMRC and waiting to hear what to do).

I have sent a letter to HMRC offering to start making a payment on the debt. The VAT debt is £7426 (of which £1200 is surcharges). I have offered £25 a month initially to be reviewed in 6 months. I know it's not much, but I'm still trying to get on my feet.

My other debts are vastly more in total, so I am now not sure if I should declare bankruptcy. I don't want to. I want to pay back what is owed, but it will take a long time, all my life I think.

But I'm worried they will go after my wife. Can they? I was a sole trader. I have no assets, we live in rented accommodation.

Can anyone give me some advice. I will be ringing HMRC in the morning, but the letter is dated 6th November, it only came through today, I'm worried they'll turn up at my door, I haven't told my wife yet, she'll worry herself sick.

I was hoping I'd at least be able to discuss making some payments to be reducing the debt.

:(

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    There is some info on distraint here --> http://taxaid.org.uk/guides/tax-debt/enforcement-action

    I think that will answer your immediate worries.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    FHANDL5571 wrote: »
    But I'm worried they will go after my wife. (

    Have you moved assets into her name?
  • Hi, thank you for your replies.

    We have no assets, apart from furniture, clothes etc. Nothing of value. We have separated our bank accounts. My wife is the director of a limited company. I now work for her.

    Am I correct, they cannot go after her personal accounts (not that there is much to go after) or anything of hers, again nothing of value. Or the limited company. Again nothing in it yet, just running costs and what we get paid. We have two computers, both assets of the business and my wife has a car on HP.

    Thanks Thrugelmir
  • It all depends, if you ran up bebts as a sole trader and transferred the assets to your wifes limited company in the recent ( 5 years) past then they may seek to recover the assets. If its just you as a sole trader with no assets then your personal bankruptcy should have little or no affect on your wifes position.
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