Please some one help me

[s busby]

Hi Please can some one help me

Let me give you a little back ground into what went on.

I was sent a estimated tax bill because I had not sent in a tax return, as far as I knew when I stooped trading, I would stop sending Returns in to HMRC.

So I sent two tax returns in, I was then told by HMRC that the returns were still outstanding, and that I would be made Bankrupt if I did not send in my tax returns.

I filled them in again and took them to Walsall Tax Office and handed them over, I asked for a receipt and was promptly told that HMRC DO NOT GIVE RECEIPTS for tax returns.

Later that year I was made redundant from my job. I went to CAB for advice on debt,s that I had, I explained every thing to them and was advised to let HMRC make me bankrupt and to include my other debts, this way it would not cost me any money.

So I let every thing take it's course.

After one year I was discharged. Approx 4/5 weeks after discharge I found out that I had been left £32 k by my farther who had passed away 8 weeks before my bankruptcy.

I phoned the OR and informed them straight away.

Nearly one year on I was contacted by the trustee,s and told to re submit my tax returns,

I have now found out that not only did HMRC canceled my debt but gave £10 k tax refund. Now what I need to know is if there is any way I can get this whole mess sorted out and reversed, in light of HMRC,s reversal.

I have been up front and straight with OR from the start. Can you please help me if poss.

What I really need to know is what to say to the OR. Also if any one else has been in the same boat as me and what the out come was.

If there is the slightest glimmer of hope I would be extremely grate full for any guidance you could give me.

The total amount of my debt is only £18420.00.

 

 

Kind Regards

Stuart J Busby

[Goldlady]

Hi, and welcome to CAG.

 

When you say the total debts were 18k I presume that is after the alleged tax debt has been removed.

 

You told the OR about your inheritance - what was their reaction?

 

So you have 32k from your Dad and 10k tax rebate, with 18k of debt which has just been written off due to your bankruptcy.

 

How much of the debt is unlawful charges etc? I am not sure how the OR will deal with this but it seems to me that you should be able to negotiate full and final settlements.

 

Or are you hoping to get the bankruptcy removed from your record? I am not sure about this but hope you will get some more help. It is a very unusual situation. I wonder if you have any comeback against the Inland rev for forcing you into bankruptcy in the first place.

[s busby]

Hi Gold lady

The OR appoineted trustees.

The trustees are now telling me that there will not be enough mony in the pot to cover my debt because of all the charges that have been added.

 

Stu

[Goldlady]

And really you should never have gone bankrupt in the first place:mad:

 

What are all these charges that have been added on? And who are these trustees?

 

I would think that if you can prove that you were not actually insolvent at the time that you should be able to get the bankruptcy annulled. New territory here for me but the way I see things anything is possible.

[s busby]

I have no idea what the charges are as yet.

The trustees are about to pay out next week.

I will find ouut what the charges are when and if the trustees send me a set of accounts.

You are thinking along the same line as me.

If the people who made me bankrupt pull out then the bankruptcy should be void.

It is a shame but I can not get any leigal aide, if I was a killer or a crook mony would be no object, but because I have been honest it looks like I am going to get a good old kicking.

 

Stu

[Goldlady]

I know someone on the site who might be able to help.

 

I will send him a link to your thread and see what he thinks.

 

Who did you owe other than the taxman? And were you up to date with them just before you went BR?

[lilly white]

i do not know however this could well be the legal cost etc

 

be car-full wait for others to advice sar i belive to find out.

[42man]

So am I correct in presuming that making you bankrupt was incorrect ? Have you tired calling the Insolvcency Helpline (free and impartial) - IVA | Individual Voluntary Arrangements | IVAs | UK Debt and IVA Advice Help You really need proper legal advice on this....although i'm not familiar with getting a BR annulled AFTER you have been discharged. This obviously has serious implications, as this has probably caused you a great deal of distress, and making you bankrupt was it seems wrong !!

[s busby]

Thank you for your reply.

In my position (No Funds) you do not get any free help.

The only help I get is from people like you.

To get leigal help it would cost me Min £225.00 per hour.

Just to have a look at the paper work would cost me Min £1500.00.

As you can see loads of money.

I am reaching the point of no return and am at my wits end.

When you get your ass kicked like this it just knocks the wind out of you.

Sorry pooring my hart out now.

 

 

Regards

Stuart

[gizmo111]

Did the HMRC file for your BR with incomplete records?

[s busby]

Yes

2004/2005 tax returns.

The two tax returns in question were then Re sent in June 2006.

In Feb 2009 the trustees then told me that the HMRC had cancled my debt and had sent to them a £10 k Tax refund.

 

Regards

Stuart

[s busby]

Sorry

2003/4 and 2004/5 Tax Returns

 

Stuart

[gizmo111]

Well then I think you should be taking specialist advice on getting the BR cancelled and HMRC should be paying the fees. This is I think a little beyond the scope of an internet forum.

[s busby]

Hi Gizmo

As I have no money I can not.

Beeing a Bankrupt I can not get a loan to pay for specialist advice.

As you can see catch 22.

 

Stuart

[gizmo111]

Speak to a solicitor about paying on account if you have a case.

[s busby]

Hi Gizmo

Not thought about that one, I will get onto that in the morning.

Do you know of any web sites that may have a test case no it ?

so I could have a look and see how outher people have got on in the same situation as me.

Stuart

[Goldlady]

Bankruptcy - Can my bankruptcy be cancelled?

[gizmo111]

Hi Gizmo

Not thought about that one, I will get onto that in the morning.

Do you know of any web sites that may have a test case no it ?

so I could have a look and see how outher people have got on in the same situation as me.

Stuart

 

DOn't know of any specific to your q but this is a good resource swarb.co.uk :: Index

[s busby]

Hi All

Well I have tried 6 law bods about paying on account.

Because I have been bankrupt it is cash up front or nothing.

Thanks for all your help but this is about all I can take.

 

By By All

 

Stuart

[apples76]

Busby,

 

Please dont give up, i know what it is like dealing with officials when BK is envolved, somehow my wifes ex BK IP meraculasly manged to make his charges for every penny of the equity in her house.....

 

Try lookoing at the www.moneysavingexpert.com forum and ask there.

 

hope all works out for you.

[frettful38]

Hi s busby,

 

You have a right to ask for a breakdown of the trustee's fees and costs, you could also ask them for a written record of disbursements. They are not above the law and you are entitled to know why the trustee has claimed that there is not enough money to cover the debt.

 

How much fees is the trustee claiming? and what are the charges for?

[s busby]

Thank you all for your very kind words.

You will never know how close I came to finishing it all.

The only trouble is that all my insurance would have gone to the trustees and not my wife.

It is very hart warming to know that there are people out there with beeting hearts.

 

Thank you

 

Stuart

[Goldlady]

Have you managed to get anywhere with this?

 

I know of an accountant in London who specialises in dealing with Inland Revenue misdemeanors. And as regards being penniless, once all this is resolved by someone who does know how to sort it out you should have money to pay them and plenty left, surely?

[s busby]

No luck yet.

Every one I speak to is telling me that because I am a bankrupt they want mony up front.

 

Stuart

[Goldlady]

Hi Stuart, I have sent you a couple of private messages but haven't had a reply. I want to help you if I can, and I do hope that you are OK.

 

I happened to be in the newly-created bankruptcy office of our local court yesterday (so many going on they now have a special office) and spoke to them about your situation. Seems that annulment is possible, even at this stage. So please don't give up.