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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I need help to avoid bankruptcy that is going to be imposed

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hi, I need help to avoid bankruptcy that is going to be imposed by HMRC as I owe Payee tax money, I offered payment plan of gbp:1000 per month and paying it regularly since July 2016 despite refusal by the HMRC people for accepting this plan. I do not want to go for bankruptcy as it will not destroy my life but my 06 employees will have to lose the job. I owned only one house that will also be repossesed if I been declare bankrupt. I need you help as I want time to arrange monies. Also, my 06 employees have set up an urgent fund of gbp:1200.00 every month for contribution from their salaries to save the company. It means after this funds total payment of gbp:2200.00 can be pay back to HMRC every month, total outstanding balance is around gbp:30000.00. HMRC have given me time to contact Citizen Advisory Bureau or immediately pay the full amount otherwise they will lodge in court bankruptcy against me. Please please give me an urgent advice..I am sole trader of a company running in Manchester since year 2006. But due to fire incident in September 2014 I gone in debts and was struggling with payments of different customers. But now I am settling down but due to HMRC letters and calls I am in deep stress and fear of losing my life only asset that is my house for my family of 4 kids and wife
Submitted: 11 months ago.
Category: Law
Expert:  Jamie-Law replied 11 months ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear you owe £30,000? Why won't they accept the repayment plan?

Customer: replied 11 months ago.
Unfortunately, the lady in HMRC office saying she cannot extend the payment recoveries more than 12 months and it already more than 12 months when i started paying 1000 each month that is from July 2016. Also she saying i am using my employees tax money every month for my personal needs that is not acceptable. I am v v stressed and almost dead due to her rigidity for asking me to arrange full payment. She asked me to borrow monies from all your family and friends, but she can not understanding how much I am already humilated with her such behaviour. I spoke to the lady last week and she gave me 14 days verbal notice to give her my final plans and otherwise she will proceed to file bankruptcy against me. It is so so cruel that I want to pay back every single penny but HMRC making my and my family's life more miserable. I have some other priority bills like mortgage that were in areares but i have set up plan with all my lenders except HMRC people. Plz help me in this matter
Expert:  Jamie-Law replied 11 months ago.

Do you accept you owe the money? Can you raise it by way of loan?

Customer: replied 11 months ago.
I accept that I owe the money thats why paying them back £1000 every month. I tried with all the banks but no bank is ready to pay as my credit history not good enough. I tried borrowing with my friends and could only raise £1500, i want to re-mortgage my house to raise money but it needs time to find good lander. My employees are raising £1200 in this month to pay at least £2200 to HMRC this month, i want to know how i could deal the situation leagally??
Expert:  Jamie-Law replied 11 months ago.

It's bad news I am afraid. Hmrc don't have to even accept a repayment plan. If you owe the money it is a debt and needs to be paid.

The bad news is that they can make up bankrupt if you owe more than £5000. All you can do is delay it, but if you can't do a deal then you are just putting it off.

They have to serve a statutory demand, then if you don't set aside can petition.

But sadly you can't stop it if you owe the money. There is no legal way you can just delay it without any realistic prospect of paying it back over a short period of time.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clairfy anything for you about this today please?

Customer: replied 11 months ago.
But to arrange my re-mortgage and generate money to pay them back I need time, by that time I will keep paying thier debts. I want to save my only house i got, and want to pay them back. Any chance to get advance stay order from court to avoid the bankruptcy
Expert:  Jamie-Law replied 11 months ago.

All you can do is stall, there is no guarantee they or a judge will grant a stay or adjournment.

If there is a mortgage re offer by the time of bankruptcy hearing, the court may adjourn it then. But you need something solid.

Does that clairfy?

Customer: replied 11 months ago.
How should i get some more time from HMRC to arrange re-mortgage of my house, any legal Ponits that can help to get, also any way to save my house to be repossessed while my family with 4 kids staying in?
Expert:  Jamie-Law replied 11 months ago.

You need to reapply now asap. Then when the statutory demand is issued, then you can apply to set that aside. That delays things. It wont be successful, but puts a hold on it.

Then when the petition comes through you MUST be in a position to remortgage or have an offer on the table.

So you need to spend the next few days getting a remortgage.

Can I clarify anything for you?

Customer: replied 11 months ago.
I am attaching herewith HMRC letter copies, is this statutory demand notice,,??
Expert:  Jamie-Law replied 11 months ago.

No - just a warning.

You have not had the statutory demand yet.

Does that clarify?

Customer: replied 11 months ago.
Thanks for your help, how i can contact you to proceed my matter with HMRC and dealing with court. I will pay your fees everything
Expert:  Jamie-Law replied 11 months ago.

All the best. If this answers your question could I invite you to rate my answer, 5 stars the happy face before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance!

Expert:  Jamie-Law replied 11 months ago.

You can come back and ask for me here.

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