HMRC and an income conversation

antonic

Saulb23 wrote: »

Im in a similar position to what you have been. They say I owe them £30000 including fines from 5 years worth of previous years self assesments. I managed to get a payment plan for 3 months but they are saying it would take to long (3 years) to clear the debt. I had a phone call from someone at my property last week to serve me with a 21 day order? Seems like at this stage they are intent on making me bankrupt even though I am paying them back!

Was it a Statutory Demand under Section 268 (1) of the Insolvency Act 1986 they tried to serve on you ? -if it was you need to get it resolved as this trumps any repayment arrangement you have.

Saulb23

antonic wrote: »

Was it a Statutory Demand under Section 268 (1) of the Insolvency Act 1986 they tried to serve on you ? -if it was you need to get it resolved as this trumps any repayment arrangement you have.

Not sure TBH. When I asked the guy trying to serve me he just said it was the start of bankrupsy proceedings.

antonic

Saulb23 wrote: »

Not sure TBH. When I asked the guy trying to serve me he just said it was the start of bankrupsy proceedings.

Sounds like a Stat Demand to me

did the Field Force agent ask for your current address or leave a business card so you can speak to him ?

This needs to be resolved quickly or you may find yourself being made bankrupt soon.

Saulb23

antonic wrote: »

Sounds like a Stat Demand to me

did the Field Force agent ask for your current address or leave a business card so you can speak to him ?

This needs to be resolved quickly or you may find yourself being made bankrupt soon.

He just said when I return home I need to ring his number to be served the demand. I have since spoken to the woman dealing with my case at HMRC and she said I need to make them an offer of payment which I have done but I don't hold much hope seeing as they want the money ASAP but my offer would take just under 3 years to pay.


How long would you say I am from them going for bankrupsy if they reject my offer seeing as they are sending people to my house?


Thanks BTW.

antonic

Once the case has been referred to a Field Force Agent to serve the Stat Demand then the Agent is instructed to serve the demand and CANNOT negotiate any repayment requests.

When you are served a Stat Demand a contact name and telephone number is provided for you to ring.

Just because a Stat Demand is served it does not mean bankruptcy will automatically follow if you ring the contact name provided BUT if you ignore the Stat Demand then the next step will normally be a Bankruptcy Petition being served on you.

Hope this helps.

Saulb23

OK,cheers. If they reject my payment offer and go for bankrupsy should I still carry on making payments to HMRC? I want to clear this debt and am earning decent money so can make payment but would this help my case in court or is there no point?

antonic

Saulb23 wrote: »

OK,cheers. If they reject my payment offer and go for bankrupsy should I still carry on making payments to HMRC? I want to clear this debt and am earning decent money so can make payment but would this help my case in court or is there no point?

That's a decision only you can make.

If you go bankrupt, then possibly the only person who could be interested in the amount you go bankrupt for, is the Official Receiver

longtermplanner

Saulb23 wrote: »

OK,cheers. If they reject my payment offer and go for bankrupsy should I still carry on making payments to HMRC? I want to clear this debt and am earning decent money so can make payment but would this help my case in court or is there no point?

When a creditor presents a bankruptcy petition, you don't get a chance to stand up and argue that HMRC should have accepted your offer of £800 a month (or whatever you can afford). Unless there is something defective in their paperwork, if you cannot pay the debt in full you are going to be made bankrupt.

Now a 30k debt is obviously large. If you have no assets and possibly other debts as well (do you?) then it may be your best option.

But if you have significant assets you have to do everything you can to avoid bankruptcy. Do you have a car, how much is it worth? Do you have a house with significant equity? Have you has a look at how much per month you would have to pay in bankruptcy in an IPA, there is a calculator here?