A question about : Advice on getting an Annulment
Bankruptcy Annulment
In 2005-2006 I was studying at college, whilst at college I was working 4 hours per week totaling Ј20 per week. (Cutting Grass)
I told a tutor about my work and they advised me that I had to register as self-employed.
I followed this bad advice, as I was earning far below the threshold.
I got letter from HMRC which I admittedly ignored as I assumed they would later correct themselves when they knew I was a student.
HMRC then later estimated that I owed approx. Ј17000 in Tax for 2 years earning of Ј20pw.
Again I ignored correspondence sending them only 1 email explaining my circumstances and situation.
In 2010 HMRC successfully made me Bankrupt which I didn’t know about as they sent all their paperwork to a previous address, although they successfully traced me down so I could attend a meeting with the Official Receiver who felt compassion and sympathy for me after I explained my situation and she even said I should never have been made Bankrupt.
Although I am now Discharged, I was wondering if there was a case that I could still get the initial Bankruptcy Order Annulled or Cancelled and my record corrected.
I’m not interested in any compensation or anything else, just that my Credit Report be updated and the Bankruptcy Order that was wrongfully awarded be cancelled and removed.
Thank You in advance for any advice.
Best answers:
- HI OP - not one I have any experience of I'm afraid but thought I could bump you up the board a bit- it sounds like you might need to speak to a specialist on this one. Perhaps the IS office could point you in the right direction?
- You could try, but I dont think you would have much of a chance.
Technically the bankruptcy is correct because
1) You can be made bankrupt at the last known address they have for you, even if its NOT your current address ,
2) As you have discovered, you can be made bankrupt for an estimated debt, even if if the amount is wrong - they can do this because you have ignored their letters to you.
3) HMRC only make people bankrupt as a matter of last resort and most probably because of your behaviour in point 2.
Please let us now how you get on. - If the bankruptcy should never have happened then think a 'set aside' is appropriate rather than an annulment Ask on consumeractiongroup and legalbeagles. Sure I read on one of those of someone who went that route.
- Thanks for the reply guys, I'm waiting on a response on a legal forum, otherwise after new year will seek advice from a professional.
Thanks - I seem to recall that setting aside needs to be done at the time at the order is made
There is a publication here about annulment, but I suspect that you might struggle:
https://www.bis.gov.uk/insolvency/Publications - You need to pursue "equitable liability". Search for this term on www.hmrc.gov.uk.
As it is many years since I was involved with this, I am unable to give you any idea of current practice / whether you are likely to be succesful. - Gosh - a salutary lesson if ever one were needed to never ignore HMRC, no matter how small or confused an issue might seem.
That's a really tough call for a student doing a pin money job, the consequences seem far harsher than they should be for the position you describe - but as acorn5 says, it was something you could have avoided if you had realised the seriousness of it all.
I hope you can find someone to help with this. If all else fails, make sure you follow the 'clean up you credit file' sticky and try and put an explanatory note on your credit file and make sure you operate your accounts spotlessly for the next few years. - Thanks for the reply's, I would never say I was NOT in the wrong, as I know I clearly was.
I have checked my credit file which reads Good so it's not end of world terms, but It would just feel better to have it corrected and the bankruptcy not shown.
The credit report states it as 'Satisfied' and the amount owed as Ј0.
The main reason I would like to 'try' and get it removed if at all possible, is I applied for a Joint Mortgage in Principle with my Partner of 8 years, and our salaries aren't massive but fair.
Jointly we earn Ј34k year.
But the mortgage isn't the issue, that's for another day.
Thanks for all your sound advice, and a lesson for people to learn from in the future - Despite your good credit history, no debt and good income - the bankruptcy will be a MASSIVE set back!
If you do get a mortgage (and with some effort you should be able to find a lender based on what you've said), then the interest rate will reflect this......
.... so even if it costs a few thousand quid in legal fees to have the BR annulled (and I have no clue what so ever what costs could run in to so worth a trip to a specialist legal advisor to discuss this) then it could still be cheaper in the long run than an extra percent or two on your mortgage over the next 10+ years.
As, unlike convictions and other offences covered by the Rehabilitation of Offenders Act, Bankruptcy is something a lot of lenders (albeit not all) ask about irrespective of time lapsed. Questions on applications usually being 'have you ever been made BR' - so even after 6 years where it falls off your credit report you will still find yourself having to answer 'yes'.
So for many reasons it could be worth pursuing this. - Hi
This is my 1st post so I'm hoping i have not typed in the wrong place.
I have managed to get my bankruptcy annulled (on the grounds ait should never of been made) Can anyone advise how i now get my name off the insolvency register now i have the annulment.
Also one other debtors has managed to get a CCJ against me in 2009. although the account was defaulted in 2007.
As this was over six years ago , how long can they pursue me for as i have never accepted or acknowledged any debts or had contact with them in over 7 years now.
Can the creditor still pursue me after this long as they managed to get a CCJ against me.
Any advise would be most helpful
thanks
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