Thread: Yet another CT demand

Hiya,




Bank arrestment - Yes they can only take any monies if the account is in
credit over £370 but please be aware that they can repeatedly retry the bank arrestment many times and some banks will charge you for each failed arrestment.

If you currently a bankruptee then you are home and dry -

The previous CT can be included in your current BK -

Write 3 letters

1 and 2 to the council and scott and co advising that you are currently in BK and the name and contact of your ip/aib contact and that as this debt is for prior to your BK start date then this should have been notified to your IP?/aib contact.

3 send a letter with a ciopy of the letter from scott and co to your ip/aib contact asking them to deal with it

This is why when you apply for BK it was out int he edinburgh gazette so anyonme that you were due monies to had to claim - if they didn't it's their fault as you were not aware of it

Ida x

tax credits are different as their are ongoing i'm afraid.

Only debts that were debts prior to your BK date, anything fafteryour BK start date then no

Ida x

it is dependant on when the final reward notice (of repament) was issued

77.50 Recovery of overpaid credits after a bankruptcy order is made
In certain circumstances a tax credit may be overpaid and thereafter a recovery may be sought by HMRC. That recovery may be achieved by deductions made from ongoing awards of tax credits or by direct collection where there is no ongoing award of tax credits or where the ongoing award has ceased.
Where tax credits have been overpaid and a bankruptcy order is subsequently made against the claimant, whether or not the overpayment is a provable debt in the bankruptcy depends on the circumstances of the case as follows:

Final award notice (of repayment) issued before the date of the bankruptcy order.

• If the recovery is made, or would have been made, by direct collection (in cases where there is no ongoing award of tax credits), HMRC will submit a proof of debt in the bankruptcy, considering the debt to be a provable one.

• If the recovery is made, or would propose to have been made, by deductions from ongoing awards of tax credits, HMRC will not submit a proof of debt in the bankruptcy but will continue to make the collections from the ongoing award of tax credits until the bankrupt’s discharge from bankruptcy. Thereafter the balance of the debt will be written off. This action, of continuing to recover the debt post bankruptcy, follows the decision in the case of R v Secretary of State for Social Security, Ex Parte Taylor and Chapman which provided that where a bankrupt was indebted to the Secretary of State for Social Security in respect of debts arising from earlier receipts of social security benefits, he/she was entitled to deduct sums from future benefits to be received thereafter in reduction of that indebtedness. Should any bankrupt object to the taking of the ongoing recovery action by HMRC in this way, they should be referred to that Department without further comment by the official receiver.
  
  In all cases where a final award notice (of repayment) has been issued by HMRC before the date of the bankruptcy order, the debt should be added to the list of creditors and HMRC treated by the official receiver as a creditor in the usual way.