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Kate Bailey
Starting Member
United Kingdom
6 Posts |
 Posted - 15 November 2010 : 12:10:49
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I am in a real mess I am in the latter stages of a big professional negligence case against former accountants surrounding monies due to HMRC they will not wait for the litigaiton to finish and are going to declare me bankrupt on the 30 november this is the final hearing and my legal people have had the bancruptcy postponed three times but HMRC are adamant this is the final one. I have no money to pay the bill without the success of the litigaito nand this has made me really ill
What will happen after that date my husband and I have a house with a mortgage but it is in arrears and allwe have is joint furniture etc will they come and clear out my house even though everythign is jointly owned and what will happen to the house.Also I have bee noffered a job to help mee financially will I have to tell them I am bankrupt and can I work in these circumstances please?I am so worried thank you for reading this |
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RHB
Senior Member
1159 Posts |
Posted - 15 November 2010 : 13:45:04
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How confident are you about winning the case?
Some jobs are no nos when bankrupt but most are fine.
Do you want to keep your house or let it go? |
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Kate Bailey
Starting Member
United Kingdom
6 Posts |
Posted - 15 November 2010 : 13:52:16
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Hello RHB the barrister has given an 85% success rate and because of the misconduct of the solictor the barrister is hoping to try and get an extension from HMRC I have told the woman there that if she waits she will get paid if not she will get nothign but she is uninterested
I want to keep the house and the job is as an area Manager for a Charity I have cheecked their handbook and there is not mention of this probably because I wouldnt be handling money I dont want to tell them
Kate Bailey |
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RHB
Senior Member
1159 Posts |
Posted - 15 November 2010 : 14:04:08
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| Actually they wouldn't get nothing because once you are bankrupt, the winnings would go into your bankruptcy estate. I think you are best off letting your solicitor deal with this for now tbh, HRMC will probably listen to them more. |
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Kate Bailey
Starting Member
United Kingdom
6 Posts |
Posted - 15 November 2010 : 14:10:59
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Thanks my barrister is going to the hearing for me the problem is the HMRC woman is being very very difficult and has told my solicitor that if its tha last thing she does it will be to make me bankckrupt so unfiar as I could have done this 4 years ago when this first started but we have nearlyt killed ourselves to stay afloat while this litigation concludes then we encountered the soliciitor who has lied to me for months and the court and has hardened the approach of HMRC by not even returning calls
Thank you for your help
Kate
Kate Bailey |
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debtinfo
forum expert
2826 Posts |
Posted - 15 November 2010 : 17:37:25
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| It is the judge's opinion that matters not HMRC, thats who the barrister needs to be explaining this to |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 16 November 2010 : 13:14:08
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Hi Kate
It may be worth speaking to Paul at Reviva, I know he has lots of experience in dealing with HMRC creditor petitions and bankruptcy court hearings, he is very knowlegable at all of the bankruptcy rules and regulations (also annulling bankruptcies).
In my case Paul explained my civil case (not with HMRC)and although i felt that my grounds for defence were good, the final outcome was if i was to win, i would still have lost. so we took control of the situation went BR and have moved forward
If Made BR it is unlikely that the OR will continue your litigation process.
good luck Richard |
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Kate Bailey
Starting Member
United Kingdom
6 Posts |
Posted - 16 November 2010 : 14:07:35
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quote:
Originally posted by debtinfo
It is the judge's opinion that matters not HMRC, thats who the barrister needs to be explaining this to
Thank you for your advice it is a all a real mess the barrister has drafted an argument and now we will just have ot see how it goes
I am so very worried
Kate Bailey |
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Kate Bailey
Starting Member
United Kingdom
6 Posts |
Posted - 16 November 2010 : 14:11:24
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quote:
Originally posted by Richard P
Hi Kate
It may be worth speaking to Paul at Reviva, I know he has lots of experience in dealing with HMRC creditor petitions and bankruptcy court hearings, he is very knowlegable at all of the bankruptcy rules and regulations (also annulling bankruptcies).
In my case Paul explained my civil case (not with HMRC)and although i felt that my grounds for defence were good, the final outcome was if i was to win, i would still have lost. so we took control of the situation went BR and have moved forward
If Made BR it is unlikely that the OR will continue your litigation process.
good luck Richard
Thank you Richard I spoke at length with him yesterday it is all such a mess and my husband and I are not sleeping worrying how it will all pan out
Paul helped me a lot yesterday about the house and belongings as I thought the baliffs would be on the doorstep the day after the heairng I will get him involved after the hearing if the owrst happens
I am very concerend about my new job as I dont want to disclose this to them and am palying it by ear at present
Thank you again it is nice to know other preople have been thorugh this nightmare
Kate
Kate Bailey |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 16 November 2010 : 14:19:34
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Thats great news well done, keep in touch with Paul and the team at reviva they are very calming and reassuring
I went through 3 yrs of intermittent sleep and associated sh 1 T things do get better eventually
Richard |
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Kate Bailey
Starting Member
United Kingdom
6 Posts |
Posted - 16 November 2010 : 15:54:30
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quote:
Originally posted by Richard P
Thats great news well done, keep in touch with Paul and the team at reviva they are very calming and reassuring
I went through 3 yrs of intermittent sleep and associated sh 1 T things do get better eventually
Richard
Thanks Richard
The thing that is most annoying here is that my accountant who is being sued for professional negligence has been proved by HMRC to be the one who is fraudulent.. hence the action and suddenly because of timescales that my solicitor who is also crap did not meet I am being made bankrupt
The other thing is that the HMRC bit is only a third of the claim and becasue the size of the accountantss fraud it is a really big litigation with the other side wanting to mediate but we all need more time..it is just ridiculous but this woman form HMRC is just appalling and has shown a personal very vindictive streak towards my case
Just hope the judge will see a bit more sense
It has made my husband and I so ill I cant tell you and I just want it over with
Kate
Kate Bailey |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 16 November 2010 : 17:33:51
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good luck
keep focused on why you are challenging these people and the potential outcome, but look after each other....
you and hubbies health are far more important than silly people who either cant do a proper job or do not understand how to do a proper job.
Richard |
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In the latter stages of professional negligence case
