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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
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Customer Question

a bankruptcy was placed on me while in hospital on 17th of 0ct 11, it was for an estermated tax bill with no proof as i did not owe the money the esermates go back to 2000 where to 20005 i was employed then take seriously ill for many years with crohns disease, the order was for £68000, the actual dept has been callculated @ £3000. is it legal to make me bankcrupt on an estermate with no foundation? and would HMRC of had to swear this dept was true in court?
Submitted: 4 years ago.
Category: Law
Expert:  Alex J. replied 4 years ago.
Hi,

Thank you for your question and welcome to Just Answer.

Has the bankruptcy order been made or do you just have a petition with a return date at Court?

Thank you

Kind regards

AJ
Customer: replied 4 years ago.


yes, it was made in my absence, we are trying to get the HMRC to re assess there bill as an order has been made to make me homeless in 4 weeks

Expert:  Alex J. replied 4 years ago.
Hi,

Thank you.

Has a trustee in bankruptcy been appointed?

Kind regards

AJ
Customer: replied 4 years ago.


yes the trustee is mazars, they are the ones whos have got the orders to make my family and my brothers homeless as he lives in my other house the £68000 went to 155000 by the time we went to court on the 6th 03 13.this has all happenened while seriosly ill and i never owed the origin dept

Expert:  Alex J. replied 4 years ago.
Hi,

Thank you.

Did you owe HMRC at least £750?

Kind regards

AJ
Customer: replied 4 years ago.


im not sure all accounts have been done now and its £3000 up to right night now, the put an original county court on me in 2007 for 30000,another guess!! when this started and i owed nothing!!!

Expert:  Alex J. replied 4 years ago.
Hi,

Thank you.

If there was an unpaid debt of at least £750 and you did not pay when it feel due then the bankruptcy order is valid.

If you can afford to pay off all of the debt you may be able to have the bankruptcy order set aside.

Have you got a final statement from them?

Kind regards

AJ
Customer: replied 4 years ago.


there statement in court was £155000 how ever if the HMRC agree my appeal then the dept would only be trustee fees and fines may £40ish witch would save my home and only have to sell one, this is why i have quetioned the HMRC actions against me? should i be legally allowed to have this dept assessed correctly?

Expert:  Alex J. replied 4 years ago.
Hi,

Thank you.

No if the debt is more than £750 and you do not pay it as it falls due then they can petition for your bankruptcy, even if there is a dispute over the final amount it just has to be over £750.

What I would suggest is you agree a deal with the trustee to have the bankruptcy discharged on the basis that you were incapacitated when the order was made. They will however require you to prove your solvency by paying the money up front.

Kind regards

AJ
Customer: replied 4 years ago.


i dont feel im any better off for asking you,what money up front how much ? what i think i owe ? there calculatoin? im soory but this has not helped me, can you tell me any moore?

Expert:  Alex J. replied 4 years ago.
Hi,

Thank you.

Your affairs are now all under the control of the trustee. To regain control of your affairs you need to have the bankruptcy order annulled.

The only way you can do this is to apply to court where you can agree a set sum of money to pay to your trustee to distribute to your creditors.

A bankruptcy can be annulled if all the debts have been paid to the courts satisfaction or there is another reason why the order should not have been made.

So what you can either do is:
- Try and agree a figure with the trustee so he will agree to your discharge and then apply to court; or
- Apply to court and object to the bankruptcy on the basis that you were incapacitated.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 4 years ago.


thank you for your time, but the information you are giving me i am already aware of, it is legalality of what they have done and information on how to fight it that i require


 


chris

Expert:  Alex J. replied 4 years ago.
HMRCHMRC













Hi,

Thank you.

I am sorry but there is nothing you can really do while you are bankrupt.

The only potential action you could take is to appeal to the Tribunal http://www.hmrc.gov.uk/dealingwith/appeals/tribunal.htm

In the mean time you will need to apply for the bankruptcy to be annulled in order to save your home.

Kind regards

AJ









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