I totally get what you're saying Peter but again there are too many unknowns to come to a conclusion about it.luckyPeterpiper wrote:I'm sorry you misunderstood my post. It wasn't clear enough which is my bad. Trevor could show the HMRC all the details including the names and available resources of any bidder without violating the bidder's confidentiality. If the HMRC agreed that it was a viable bid and likely to be completed in a reasonable time frame they would then simply do nothing at all. They would make no statement and of course issue no petitions. They are well aware that when they do issue a petition it often stampedes other creditors into acting and makes matters for the troubled company even worse at the worst possible time. As a result they try to avoid issuing a wind up petition until and unless they feel there is no other choice. Obviously while the club is being bought/taken over etc HMRC would monitor the whole situation very closely as debt to them would continue to accrue but as long as they were confident they were going to be paid in timely fashion they wouldn't act overtly. In this case what especially worries me is that the debt to the tax office is relatively small at 600K but they must believe that they aren't going to get that or the further tax debts that will accrue while this business is going on in an acceptable time frame so they are acting now in a bid to prevent that debt growing to a totally unmanageable point.Breadman wrote:luckyPeterpiper wrote:Bread, what I mean by that is if there was a potential buyer who didn't want to be named publicly then Trevor Birch could show the details to HMRC in complete confidence. They wouldn't violate the confidential nature of the bid but if they believed it was a realistic proposal that would see them get their money they would have refrained from serving the petition. They wouldn't have to say a word to explain why they hadn't sought to wind us up, they could simply remain silent.
I just can't see that scenario playing out at all, Pete.
If companies could avoid HMRC issuing winding-up petitions by simply showing documentation from mystery potential buyers, they'd all be at it and HMRC would never recover any money owed.
"S'alright, guv, we've got this bloke what wants to buy the company and he'll pay you the money when he takes over."
"Oh, right then, " say HMRC, "Just tell him to give us a bell when he's settled in and we'll pop round and see him. No rush."
If TB mentioned the deal to HMRC (we don't know if he did or didn't) there's nothing he could say about it as no terms have as yet been agreed.
Any potential deal may or may not make provision to pay HMRC within an acceptable timeframe so pointing at a potential deal would provide no reassurances for HMRC whatsoever.
And then of course the deal may never materialise (no thanks to HMRC!)
So HMRC could only make their decision to make the petition on the basis of what money the club currently has - which is nothing.