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Not sure of best approach.

Quick summary of my position.

In process of finalising divorce - financials just being agreed (2 yrs to get here)

Inland Revenue added £16k debt to self assement - chasing with petition for bankruptcy. Don't actually owe money attempting to get them to agree to discuss but not geeting far (been going on for 3 yrs).

Revenue decided to force me to pay by issuing petition. Expalined position re divorce - but they still went ahead. Managed to get hearing adjourned 5 times explaning position to court re divorce.

Have agreed finance on house to cover payment to revenue (agreed to pay and argue to get it back later). Attended last hearing judge noted position re divorce and not being able to complete payment until finalised. Judge requested that I request another adjournment if not finished.

Hearing 17th July sent details to court showing that divorce finished in 2-3 weeks and sent copy of loan agreement agianst house.
expected adjournment as agreed and pay revenue in couple of weeks.

Shocked to receive papers from official receiver saying that made bankrupt 17th July. Dont understand the point !!

Main question.

Can I get this annulled by simply borrowing the money from family in short term (not gonna get secured loan now bankrupt !).

Official receiver said now wants full details of all my debts assets etc..

Are they going to look to roll everything into this ??

Any comments welcomed not sure best way to handle this.

Regards

Comments

  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    Hi whatnext - I'm not sure that I can help, other than to say that I, too, was declared bankrupt, by HMRC, over a disputed self assessment. In my case it was, originally for £27k - but with fines and interest it had escalated to £78k.
    I asked HMRC for help - I visited their collection centre, on several occasions, and whilst they would tell me what figures I should put in what boxes, they would not tell me how to arrive at those figures. I was, even, visited by a Tax Inspector who concurred that I did not have the trappings of someone who owed the Revenue £78k.
    In my situation I was not even drawing money from my business and having been let down by not one, but two, incompetent accountants, I could not afford the services of a qualified Tax Accountant.
    I asked, on several occasions, for the Inland Revenue (HMRC) to tell me just what figures they had used in their assessment of me, but they would not divulge this information.
    When I told them that I simply did not have the money, or access to loans, they took me to court and obtained a CCJ, followed after one month by a statutory demand resulting in my bankruptcy in October.
    HMRC is one of the most unforgiving of creditors, and I, too, am looking at ways of disproving this alleged debt, although not particularly looking to annul my bankruptcy.

    Yes you can get your bankruptcy annulled by paying the total amount, plus admin fees, but, as whether you like it or not, you are now legally bankrupt, it MAY be best if you contact the Insolvency Service direct, to seek advice.

    HMRC are responsible for the majority of creditor petitioned bankruptcies in the UK, and their track record (as confirmed by the Trevor McDonald programme, last year) in helping debtors is abysmal.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    Just another thought wn. As you are technically legally bankrupt it would be illegal for you to borrow more than £500 - so I would suggest that it is a family member that offers to pay the amount of your bankruptcy.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • Kj123_2
    Kj123_2 Posts: 83 Forumite
    Don't mean to be picky but the documentation I received from the court says:

    While you remain an undischarged bankrupt, it is an offence to obtain credit for more than the statutory amount (currently £500) without first informing the person giving the credit of your bankruptcy.

    So really he can borrow the money, he just needs to make sure that whatever family member it comes from knows what his situation is.
  • whatnext_4
    whatnext_4 Posts: 11 Forumite
    Part of the Furniture Combo Breaker
    Thanks for your replies.

    In essence if I can get a member of the family to cover the debt in the short term this should help.

    Does anyone know can I simply pay the revenue debt or is the Official Receiver going to expect me to pay any other debts as well before allowing me to annull. The only thing on the petition is the Revenue.

    Thanks
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