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    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
    • stopping payments until a DN arrives does not equal automatic sale to a DCA...if you resume payments after the DN.  
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hmrc was seeking a ccj against my limited company for corporation tax


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Hi all,

 

I received a letter from the county court saying the hmrc was seeking a ccj against my limited company for corporation tax. I owe 19k in total. This has risen over a few years. It started in 2001 when I was out of work for 12 weeks. I foolishly used my tax money thinking I could pay it back. I have chased this ever since and it’s got to this.

 

I honestly don’t know what to do next. I am a one man contractor limited company with no assets.

 

I have been paying the minimum PAYE to get my Ni stamp and taking the rest out in dividends. Now I am scared that if I go into liquidation they can chase me personally. I have tried to catch it up over the years but I would have to re pay it over 2 1/2 to 3 years to make it feasible and something I can realistically pay off. But they won’t have that at all I wouldn’t imagine.

 

I hear of people going into liquidation and I have avoided this for 11 years.

 

 

I am scared of that because it’s a massive unknown for me.

I don’t have the cash to do it voluntary and I need to carry on working after it.

 

 

I don’t suppose you can be a director of two limited companies whilst one of them is going through insolvency.

And what happens with being able to operate as a limited company after insolvency.

 

 

The other thing I am scared of is them chasing me personally for the cash.

Someone who I know has said they could pursue me if they feel the company has been run badly but this is unlikely for the amount owed. Knowing my luck though they will.

 

Has anybody been through this?

If so is there anything I can do?

What do I do with the pending ccj?

And what happens with insolvency and the implications?

 

I honestly don’t know what to do and I have avoided all this for 11 years now.

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The problem you will have here is if you have been taking dividends illegally from the company i.e. withdrawing them when there wasn't enough profit to do so. In this instance if this is the case and the company went into a Liquidation you could be asked to pay it back by the IP or OR. The other instance when you could be pursued personally is if you are found guilty of wrongful trading or trading whilst insolvent. Only an IP can bring this action and they will only do so if they think they will be able to get something from it and they have the funds to bring the action from the Liquidation. From what you have said I think this would be highly unlikely and also it is very difficult to prove.

 

With regards to running another Ltd Co after the original Co goes into Liquidation there is no problem with this as long as you have not received a Directors ban (which again takes time). Personally I would cease to trade the Ltd Co as of now due to its liabilities. I take it the company has no assets? You can then either set up a new Ltd Co and trade through that or go as a sole trader.

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So toddle I can cease trading with this company now and deal with the debts etc whilst starting a new ltd company. My accountant is rubbish as well. I ask him what I should do and all he says is well I’ve had the money. I know he is right but it’s the last thing you need to keep hearing when all you want is advice.I cannot go down the sole trader route as the companies I do contract work for won’t allow it.To be honest I want to pay the money back but need to do it over a good few years but they won’t let me do this I would imagine.What’s my next step with this ccj?I have no assets and the only person I have a contract with is the mobile company which I presume I can transfer to my new company.

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So toddle I can cease trading with this company now and deal with the debts etc whilst starting a new ltd company.

Yes it is perfectly legal to do so.

 

I have no assets

Does the company have an assets? Remember you are totally seperate to the Ltd Co and so are your own assets

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Yes it is perfectly legal to do so.

 

 

Does the company have an assets? Remember you are totally seperate to the Ltd Co and so are your own assets

 

no the company has no assets.

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cease to trade it then and let all creditors know you have done this and that it has no assets. The in 3 months time strike it off at Companies House

 

I don’t think I’ll get the chance to strike it off as the ccj went to court last Thursday.

 

Apparently it’s not long until they come knocking.

 

I will write to them though and I have ceased trading.Some company rang me today saying they'll liquidate me and it’s a lot easier and won’t leave a mark against my name like (they say) the hmrc liquidating me. anyway they will only charge me 7k plus vat!!!! if i had that i'd give it the hmrc and pay off my debt.

 

What happens if the hmrc liquidate me? I have read on here some person had an interview with the liquidator and it was painful!!!!! This is what I am scared off!!!!!!

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i forgot to say. i rang the business helpline. although helpful they have made me feel worse!

 

it looks as though i have been trading insolvant. the lady on the phone said this will almost certainly mean i will be chased for tax personally. if this happens does anybody know if they will be more flexible on how i pay it back? i am now sh!tting myself.

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£7K + Vat!!!!!!!! Outrageous!

 

Either way if the company is liquidated by an IP nominated by yourself or the OR you will not get a mark against you personally. If the Liquidation goes to the OR you will need to attend an interview to explain the circumstances of the company insolvency. It won't cost you anything and yes there may be a few awkward questions but hey what can they do - you haven't committed murder!! However, if people have the funds to appoint their own liquidator I would always advise them to do this mainly because it's 'cleaner' and less hassle. If you have only the one creditor you should be able to get this done for £2.5K plus Vat. If you haven't got the funds though let HMRC appoint a liquidator and you will have to do the interview with the OR

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Trading whilst insolvent is very difficult to prove and proceedings against you for this can only be started by the Insolvency Practitioner. The IP also needs funds to bring this action and they also need to believe that you have the funds or assets to be able to repay the money for them to make it worth there while coming after you for it.

 

If you think there is a chance of this I would look to appoint your own IP. If you want any recommendations drop me a PM

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thats the thing i dont have the money or i would pay it. i want to pay it and would if i had it.

 

just had another company ringing me for 'free' help

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The CCJ will be registered and now public knowledge and listed in the Stubbs Gazette which these firms use. You will now get plenty of these calls and letters. As advised you can still go for the strike off or wait for HMRC to appoint a liquidator and take your chances with the OR

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i have set up a new company and have my letter ready to tell my creditors i have ceased trading. see belowDear Sir/MadamAccount No: _____________________________I am writing to inform you that xxxxxxx Ltd is technically insolvent and hence has ceased trading as of [date and year]The company has insufficient funds and no assets to formally go in to liquidation and hence invites creditors or members to issue winding up proceedings should you wish to do so.If it is not subject to any formal winding up proceedings the intention is to apply for Strike Off under s1003 of the Companies Act after a period of three months from the above date.Yours faithfully

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The CCJ will be registered and now public knowledge and listed in the Stubbs Gazette which these firms use. You will now get plenty of these calls and letters. As advised you can still go for the strike off or wait for HMRC to appoint a liquidator and take your chances with the OR

 

 

i have set up a new company and have my letter ready to tell my creditors i have ceased trading. see below

 

Dear Sir/Madam

 

Account No: _____________________________

 

 

I am writing to inform you that xxxxxxx Ltd is technically insolvent and hence has ceased trading as of [date and year]

 

The company has insufficient funds and no assets to formally go in to liquidation and hence invites creditors or members to issue winding up proceedings should you wish to do so.

 

If it is not subject to any formal winding up proceedings the intention is to apply for Strike Off under s1003 of the Companies Act after a period of three months from the above date.

 

 

 

Yours faithfully

 

i can only apply for the strike off after 3 months i think but i think i'll get beaten to it.

 

toddle is this the right way about going about things?

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i have just had a woman from hmrc calling me.

 

asking for the payment in full.

 

to my surprise i said i would need 2-3 years to pay off what i owe. that wasn't dismissed.

i have to get back to her by tomorrow with what i can afford.

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