Requirement for notification of eviction warrant application
Discussion
Hi all - wondering if there are any legal minds here who could help me?
To cut a very long story short, for some years my wife and I have been in dispute with HMRC over an alleged tax debt which bears no resemblance to the reality of our financial situation. My wife was subjected to a bankruptcy order obtained through deliberate perjury by HMRC's solicitor (who also attempted to question us in the court building beforehand). Last December, we were handed an order by a county court to sell our house, which we have attempted to do, but owing to its overall condition (it needs some expensive repairs that we haven't been able to tackle), it hasn't sold. While we continued to deal through the same county court, the Insolvency Practitioner and his solicitors went behind our backs to another county court, and without us being notified, obtained an eviction warrant. Over 50% of the house is used by my wife's self-employed business, which is a limited company, but the judge at the second county court (who has also sat in judgement on all our attempts to appeal his decision to grant the eviction order, despite us requesting he be taken off the case) dismissed our arguments as to the implicit lease the company has over the property, and my rights both as co-owner and effectively landlord to the business, even though the Insolvency Act seems to be pretty clear on this matter. My wife's bankruptcy also makes it very difficult to obtain rented accommodation - we've had three properties fall through on us in the last week and a bit. What are we to do in order to avoid being out on the street and deprived of the bulk of the household's income? I'm physically disabled and effectively lost my part-time self-employed business to the recession, I haven't worked for anyone else in over 25 years and am effectively unemployable now. Do we take a leaf out of the enemy's book and go to another county court (there is a third one covering this area) and try to get the eviction warrant set aside? Do we go to the Court of Appeal and attempt to mount an out-of-time appeal against the original sale order?
To cut a very long story short, for some years my wife and I have been in dispute with HMRC over an alleged tax debt which bears no resemblance to the reality of our financial situation. My wife was subjected to a bankruptcy order obtained through deliberate perjury by HMRC's solicitor (who also attempted to question us in the court building beforehand). Last December, we were handed an order by a county court to sell our house, which we have attempted to do, but owing to its overall condition (it needs some expensive repairs that we haven't been able to tackle), it hasn't sold. While we continued to deal through the same county court, the Insolvency Practitioner and his solicitors went behind our backs to another county court, and without us being notified, obtained an eviction warrant. Over 50% of the house is used by my wife's self-employed business, which is a limited company, but the judge at the second county court (who has also sat in judgement on all our attempts to appeal his decision to grant the eviction order, despite us requesting he be taken off the case) dismissed our arguments as to the implicit lease the company has over the property, and my rights both as co-owner and effectively landlord to the business, even though the Insolvency Act seems to be pretty clear on this matter. My wife's bankruptcy also makes it very difficult to obtain rented accommodation - we've had three properties fall through on us in the last week and a bit. What are we to do in order to avoid being out on the street and deprived of the bulk of the household's income? I'm physically disabled and effectively lost my part-time self-employed business to the recession, I haven't worked for anyone else in over 25 years and am effectively unemployable now. Do we take a leaf out of the enemy's book and go to another county court (there is a third one covering this area) and try to get the eviction warrant set aside? Do we go to the Court of Appeal and attempt to mount an out-of-time appeal against the original sale order?
2Btoo said:
Not a bunch of self-important internet nobodies.
Speak for yourself!(Though I do agree, OP, that it probably needs specialist advice, even if it means having to pay for it)
EDIT: I can't help with the insolvency issues but an application for a warrant of possession is almost always required to be on notice to the occupant. If you haven't already done so, I'd be asking the question as to why it was done without notice in this case. I'm surprised the District Judge didn't question that.
Edited by Lurking Lawyer on Friday 14th September 13:07
Just for the sake of clarity, and this is a genuine question, not trying to score points or anything:
"My wife was subjected to a bankruptcy order."
"My wife's bankruptcy also makes it very difficult to obtain rented accommodation."
If your wife is bankrupt, how could she possibly be self employed, and (presumably) a director of a limited company?
"my wife's self-employed business, which is a limited company."
"My wife was subjected to a bankruptcy order."
"My wife's bankruptcy also makes it very difficult to obtain rented accommodation."
If your wife is bankrupt, how could she possibly be self employed, and (presumably) a director of a limited company?
"my wife's self-employed business, which is a limited company."
From Simply Business:
"You cannot be a company director while your bankruptcy remains undischarged. Furthermore, you are legally prohibited from managing, forming or promoting a limited company unless you have the explicit permission of the court.
"It is vitally important that you understand and abide by these limitations. If you attempt to become a company director while your bankruptcy is undischarged, you will be breaking the law. Once your bankruptcy has been discharged, you are free to become a director again."
"You cannot be a company director while your bankruptcy remains undischarged. Furthermore, you are legally prohibited from managing, forming or promoting a limited company unless you have the explicit permission of the court.
"It is vitally important that you understand and abide by these limitations. If you attempt to become a company director while your bankruptcy is undischarged, you will be breaking the law. Once your bankruptcy has been discharged, you are free to become a director again."
A key question is who is listed as the director of the limited company, the OP or his wife?
Even if she is not so listed, I suspect she may well qualify as a shadow (i.e. de facto) director.
Therefore if she is, as appears is almost certainly the case, currently undischarged I would seriously question the competence of the OP's accountant.
One might be excused for wondering whether it his/her 'advice' which has already landed them in hot water with HMRC.
He should seek specialist legal advice asap.
Even if she is not so listed, I suspect she may well qualify as a shadow (i.e. de facto) director.
Therefore if she is, as appears is almost certainly the case, currently undischarged I would seriously question the competence of the OP's accountant.
One might be excused for wondering whether it his/her 'advice' which has already landed them in hot water with HMRC.
He should seek specialist legal advice asap.
RoverP6B said:
The bankruptcy is discharged, which is how Companies House allowed it, it's just a matter of paying off/challenging the alleged debts...
So for the full period of the bankruptcy, before it was discharged (12 months?), who set up the limited company, who was/were the director(s)?I'm not trying to be clever here, but I'm finding this a very strange thread.
Sebring440 said:
RoverP6B said:
The bankruptcy is discharged, which is how Companies House allowed it, it's just a matter of paying off/challenging the alleged debts...
So for the full period of the bankruptcy, before it was discharged (12 months?), who set up the limited company, who was/were the director(s)?I'm not trying to be clever here, but I'm finding this a very strange thread.
daveinhampshire said:
There is way more to this than is being said. If she had been subject to bankruptcy the official receiver would have forced a sale and distributed to the creditors, HMRC included. They would not be able to bring an action after discharge unless they could prove fraud.
Maybe. It's not unheard of for relevant information to be missing from an initial post on here. Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff