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Andy.12
Starting Member
6 Posts |
 Posted - 02 April 2013 : 17:28:48
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Validation Order - what is it?
HMRC are trying to bankrupt me. i have ample equity in my property but no one will lend and when i called the HMRC Solicitors to explain that the HMRC debt enforcement officer wouldn't listen to my payment plan she advised me to get a "Validation Order" but didnt want to explain too much. |
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Niobe
Administrator
United Kingdom
4590 Posts |
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Andy.12
Starting Member
6 Posts |
Posted - 02 April 2013 : 19:49:37
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I don't have a company, I was a Director of a business but resigned last year, and I'm currently self employed which seems to be the sticking point with the banks to release equity in my property. HMRC are my only creditor & with bringing up 2 kids on my own I know forcing a house sale will be near on impossible for a good 12 months so I can't see any sense in them not allowing me time to pay. I've been offered a job and a Directorship but can't take it on as bankruptcy will stop me being a Director, vicious circle really.
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 02 April 2013 : 21:00:40
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| Have you looked at other solutions such as an IVA? |
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Andy.12
Starting Member
6 Posts |
Posted - 02 April 2013 : 21:44:33
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I only have one real creditor that has debt issues so an IVA would be no good for me and I'd actually like to pay my dues and be able to be a company director again very soon, I'm looking for advice on how to deal with the courts to buy myself some more time, I've just recovered from a 6 month lay up after spinal surgery and the courts have been great with me so far, I've had 4 adjournments already on grounds of ill health and HMRC just won't back down even though the very first 2 payment plans i offered they refused would have seen the debt replayed by now, its a case of all or nothing when dealing with them. The guy dealing with my case seems to have "power issues".
I'm hoping to find a way to persuede the courts that I have the means to pay but lenders aren't lending in today's financial climate. Any practitioners out there with an inexpensive solution?
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Viki.W
forum expert
United Kingdom
2211 Posts |
Posted - 03 April 2013 : 07:38:39
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Sorry you're having all this hassle Andy.
How are you proposing to pay?
Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp |
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Andy.12
Starting Member
6 Posts |
Posted - 03 April 2013 : 11:38:26
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From equity release or more likely the sale of the house, if I put the house up for sale with the sole intent of paying off the amount owed, can that stop me being made bankrupt so I can take on a directorship?
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 03 April 2013 : 11:47:08
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You can always mention it in court if it comes to that.
Why don't you have a chat with Viki - the advice is free and she may be able to help you. |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 03 April 2013 : 12:48:11
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have you offered hmrc a charging order against the property ?
not normally a good option but in your situation it may assist
Good Luck Richard,
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Andy.12
Starting Member
6 Posts |
Posted - 03 April 2013 : 14:13:38
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Can you do that? Every time I've spoken to them they insist all the money in one chunk or nothing!
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 03 April 2013 : 15:06:45
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If they have a charging order then when the house is sold they will get their money back.
Run it past them and see what they say. |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 04 April 2013 : 10:03:06
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trying to find the article now but it was a report commissioned for HMRC that looked at the validity of charging orders and the increased use of them to ensure that HMRC got their dues.
I read it and thought that HMRC were just trying to use charging orders to circum navigate the bankrupty rules but in your scenario it may be a good move.
HMRC will probably reject a charging order as it does not have a definitive closure date, (again talk to them about this) if they go for the juggular and make you BR they will have a forced sale on the property and get the majority of their money within 3 - 4 yrs. your offer / agreement must be more attractive to them rather than going for the BR option.
HMRC are very strict on payment rules and plans, they will only allow one chance at payment plan once that is breached they will very rarely allow it a second time.
Good Luck Richard,
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Andy.12
Starting Member
6 Posts |
Posted - 04 April 2013 : 10:33:40
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Richard
Thanks for that, I've put the offer of a charging order to them, as yet they havnt accepted any payment plan, if they had accepted the first 2 they would have had their money by now! People need to read "Judge over your shoulder" which holds these people accountable.
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 04 April 2013 : 11:49:04
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| Fingers crossed they accept it - let us know how you get on. |
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Topic |
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Validation Order - what is it?HMRC are trying to bankrupt me
