unnulment of bankruptcy

[leahaweah]

my belief is that if all or part of any debt is incorrect then an annulment can be
applied for with no time limit on the time between the date of bankruptcy and the time of the application for annulment, is this correct? i have been fighting this case
for over 3 years and feel that i am getting nowhere with solicitors, so come to the conclusion to go alone, any information welcome

[Crazy council]

Re: unnulment of bankruptcy

whats the details. am 4 years into fighting for similar reasons.

as far as i know there is now limit if the debt has not been resolved.

Are trustees involved, whats there fees ? what trustees.

Are you challanging the stat demand of the bankruptcy. did you have other debts that you were behind on at bankruptcy.

[strangewayofsavin]

Re: unnulment of bankruptcy

the debt can also only be annulled if it was included in the bankruptcy order, and if it was, then it is anulled for 6 years, until an account apprisial is auditted, if an entred account is being chased, then you need to make a complaint to the OFT.

[leahaweah]

Re: unnulment of bankruptcy

A court case has gone ahead without my knowledge and my case was dismissed is this correct or should it have been adjourned?

[teaboy2]

Re: unnulment of bankruptcy

Leahaweah

We need more details:

1 Are you the debtor or the claiment?
2 If your the debtor did you have any CCJ issued against you for the debt prior to bankruptcy being pursued? Or was a statutory demands issued prior to bankrutcy.
3 Was the debt over £750 and what was the debt for, credit card/loan etc.

The more details you can give us the more we can help you. At the moment its hard to see what the ins and outs are making it impossible to give you the actual correct advice you need.

P.s. I believe you have 6 years from the date you became aware of any issue with the bankruptcy order.

CORRECTION - I just checked and the limitations act does not apply to bankruptcy and the insolventcy act 1986 section 282 (1) does not refer to a time limited and i quote states (at any time) so there is no time limit for making an application for annulement so long as the bankruptcy order should not have been made in the first place. I.e. inaccurate or debt unenforceable.

[leahaweah]

Re: unnulment of bankruptcy

The debt owing by me according to the revenue, was just under £6000, however £3300 of this was made up of penalties and interest these were charged for a period that i was claiming sickness benefit suffering depression after the death of my son.
My understanding of this is that my benefit`s were below the legal limit for me to file tax returns, and so returns did not have to be filed. I disputed the figure with the revenue before the case and was to say the least was treated like something you wipe off your shoe and in the end the revenue ignored all letters from me even though each was sent by recorded delivery.
I made an offer to pay the balance of the amount except the disputed part while we were dealing with the disputed part this was turned down saying "full payment only"will stop the court action.
Now receivers and solicitors are involved and it has blown up out of all proportion,I applied to the court for an annulment hearing which was granted this case went ahead without my knowledge and was dismissed, now just as thought i would have considered that this would have been adjourned rather than dismissed as i could not present my evidence to the court

[teaboy2]

Re: unnulment of bankruptcy

My condolences for your loss, i can not imagine how diffcult that must have been for you.

were your solicitors aware of when the hearing was due to take place?

Also during the period of sickness, were you still registered as self employed? i.e. did you deregister by informing the HMRC you were no longer working and were on sick benefit. Unfortunately it is your responsibility to do so, otherwise you still are legall obliged to return your tax forms.

To be honest the HMRC are at fault here as this should never have got as far as court. I would personally contact your local MP about the issue and speak to them in person as they can then act on your behalf and get the HMRC to review the case and correct it, along with having the bankrupcty annuled.

If your solicitors were not made aware of any hearing date then they should apply for a set aside on the grounds they were not informed of the hearing date or it taking place until they were informed the case had been dismissed.

Also it may be worth your while contact the insolvency helpline for further advice - 0845 602 9848 - though i can not guarantee what help they will be to you.

[TUTTSI]

Re: unnulment of bankruptcy

My condolances to you on the death of your son.

I have to say that this is rough justice.

Is the £3k tax on self employed profit apart from penalties and interest and is this a correct figure.

Also, dd you have an Accountant and what happened that made the penalties so high as this is a very hefty sum? Did you have your own Accountant and if so has he/she verified the figure for the tax.

What tax year does this go back too ?.

I also agree the Revenue should have been informed when your self emplyement stopped.

[leahaweah]

Re: unnulment of bankruptcy

Firstly their were no other creditors other than the one in the usually course of the month ( council tax)
I had deregestered myself for self employment some time before, i have also been informed that the benefit are lower than the legal threshold for self assesment as i said before i had offered to pay the balance and try to resolve the disputed amount.
From my point of veiw it seems that i take one step forward then two steps back i have written to the court to apply for the recent case to be set aside not sure if it will be allowed but can only hope.
I am fairly sure that i have all the relivent eveidence to back up my case, but does seem to be banging my head against a brick wall at times.
------------------------------- merged -------------------------------
Oh and just to add this £3300 was all penelties over a period of 5 years, however i was only informed of this in one letter some 6 months after i had gone back to work

[TUTTSI]

Re: unnulment of bankruptcy

If you could please try and answer my previous post I will try and help you as those penalties are mighty high.

[leahaweah]

Re: unnulment of bankruptcy

The revenue were informed in 1996 that I had deregistered for self employment. The tears in question were 1996-2002. and the £3000 odd is purely penalties and interest for these years. I NEVER HAD ANY CONTACT FROM INLAND REVENUE FROM 1996 UNTIL MAY 2003. when they issued these penalties and I have been fighting the case from then until to date.

Thanks for all your help so far

[TUTTSI]

Re: unnulment of bankruptcy

I am very sorry that I am unable to help you any further as not all my questions were fully answered and there are too many gaps.

I do hope that you are able to satisfactorily resolve these issues with the courts and the Revenue.

[leahaweah]

Re: unnulment of bankruptcy

not to sure what i havent answered, have checked back to your questions and i do very much appreciate your help.

[TUTTSI]

Re: unnulment of bankruptcy

not to sure what i havent answered, have checked back to your questions and i do very much appreciate your help.

My questions:-

Is the £3k tax on self employed profit apart from penalties and interest and is this a correct figure.

Also, dd you have an Accountant and what happened that made the penalties so high as this is a very hefty sum? Did you have your own Accountant and if so has he/she verified the figure for the tax.



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[leahaweah]

Re: unnulment of bankruptcy

the £3300 is purely penalties and interest, no self employed tax at all

and since i started back at work in 2003 i have not used an accountant, the accountant i used before my illness has since moved away

i did deregester in 1996

i do hope this is the correct information, and once again thanks

as a extra i have been going through the paperwork over the weekend and found that the revenue should have reduced the figure by another £532.40pence this was notifed to me by the revenue but not taken off the amount in the court figure.