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HMRC - Warning of bankrupsy

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  • HMRC - Warning of bankrupsy

    Hello All,

    I have a large HMRC debt (over 200k) with penalties and interest etc from mid 2010s. (drugs and gambling), I avoided criminal prosecution by following the COP9 voluntary disclosure, we tried to offer part payment but it was rejected by HMRC and they sent to recoveries. I tried to make a payment plan but was also rejected.

    HMRC have sent me a letter warning of impending Bankruptcy if payment has not been made or a plan not agreed.

    I have no assets of any real value, I am employed fulltime and earn £5000 after tax etc.

    I dont expect there is much I can do to avoid this but wanted to know if theres anything I can do this late?

    If I am forced into bankruptcy and keep my job, the vast majority of salary will be taken for 3 years.

    My partner has just started working (£1500 take home), how will this impact the expenses? What would the share of expenses look like based on the salary differences. For example we have a child, how are the costs split? Are the expenses my own or will my partners income reduce my expenses calculations?

    What if I lose my visa, I am not British (bad character) and need to leave at some point after the Bankruptcy is in action? would I be free to go?

    Tags: None

  • #2
    Also what are the estimated timelines from, I want to ensure my daughter is not impacted as much as possible which means I want her to finish her school year (private) and intend to fully pay her fees from my salary before the bankruptcy is in place so she does not have to move school mid-year.

    - If I dont make payment by early December date they will send a statutory demand +21 days
    - After the demand 21 days, if no payment is made - how long should I expect for the court date to be set? (days, weeks, months?)
    - I assume that during the hearing, I would be made bankrupt from that point or is there some delay?

    Comment


    • #3
      You are paying private school fees out of a £5,000 net salary? Pull the other one.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        Originally posted by atticus View Post
        You are paying private school fees out of a £5,000 net salary? Pull the other one.
        I was about to say the same thing but on re-reading decided OP is referring to their monthly take home pay.

        If that's right then it implies OP has a gross annual salary of perhaps +/- £80,000 which might explain why HMRC is willing to pursue it further.
        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

        Comment


        • #5
          That is possible.

          If a statutory demand is served in December you can expect a bankruptcy order by April, if not earlier.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            OK thanks for the information, yes private school fees are around £1200 a month. My take home salary is 5300 pcm. I earn around 110k.

            I have zero other debts
            Last edited by jetjetjet; 23rd November 2024, 14:30:PM.

            Comment

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