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Can anyone remember a case that was thrown out

Hi

There was a case a few years back where HMRC took a person to court to bankrupt them, the person tried to make a time to pay arrangement but was refused.  However he made the payments as he offered and when it got to court the judge sided with him and throw the case out 

We are in a similar situation with a client, I wanted to quote the case but cannot seem to find it anywhere

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By Mr_awol
06th Dec 2017 17:37

I don't recall any case of this kind, but it is what I would expect to happen (assuming the debtor had indeed made a genuine offer and wasn't sitting on substantial liquid assets and merely choosing not to pay) so this is essentially what I tell clients to do. It seems to discourage HMRC from taking further action.

If things are that bad though, you might want to tell your client it's what you would 'hope to happen' but point out that for a more reliable answer he should perhaps take advice from someone with the appropriate legal/insolvency qualifications.

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to Mr_awol
06th Dec 2017 20:55

Its exactly what I told him to do, it was a genuine offer but the nice lady from HMRC said NO.

I was hoping to find the case so as to point it our to the relevant HMRC department now

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to firtrees
06th Dec 2017 21:30

Is your client actually making the payments as they offered? That always helps...

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to WhichTyler
07th Dec 2017 09:57

Yes he has been paying £1,600 per month for the last 6 or 7 months

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06th Dec 2017 17:44

These things depend very much on the facts of the case.

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07th Dec 2017 09:42

HMRC are no different to any other bankruptcy petitioner unreasonably rejecting an offer to compound the debt. See:https://united-kingdom.taylorwessing.com/en/insights/rcr-update/unreason...

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