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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I run a small business and had 2 employees for a recent 6 month

Resolved Question:

I run a small business and had 2 employees for a recent 6 month period and engaged an accountant/payroll company to sort out the payroll. They were given authority to act on my behalf and informed me of what payments I needed to make to HMRC.

HMRC now state that I owe them £600, the accountant states that everything is up to date but are refusing to provide any more information to myself or HMRC stating that they have already supplied the information requested and that HMRC must have lost it.

Because this issue has dragged on for so long the accountants have now become quite obstructive and have told me not to contact them again or they will take legal action against me for harassment!

They will also not provide me with any of the previous paperwork and as such I cannot get anybody else to look at the accounts to see if I actually owe HMRC the amount stated.

With all these facts in mind it seems as though the accountant has not done her job properly and I need to determine What (if any) legal action could be taken against the accountant for her actions and refusal to supply me with the accounting information for which she was paid.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Are the accountants member of a professional body at all please?
Customer:

I have no idea, Ive just looked at their website http://www.crossaccountingservice.co.uk/ and can find nothing that states any type of membership?

Alex Watts : They are a member of the federation of small business so I would complain there in the first instance.
Alex Watts : Then I would write and ask for a refund of the fees you have paid because they are in breach of section 13 of the sale of supply and goods and services act for failure to act with all reasonba
Alex Watts : Reasonable skill and care.
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Yes, thanks, XXXXX XXXXX to resolve the issue with HMRC so I need somebody to look at the accounts, do I have a right to demand to see a copy of the accounts/ paperwork they claim to have already submitted (and that I have paid for), does this come under the data protection act or similar- can they legally keep this information? Ideally I want this information (if indeed they have it) so I can determine if HMRC are owed anything, to go through everything from scratch again would be a complete nuisance and cost...thanks

Alex Watts :

A business does not have a right under the DPA. You can ask for a copy but businesses are not bound.

Alex Watts :

Can I clarify anything else?

Customer:

As an accountant they have not performed their duties properly is there no other action that can be taken than just simply trying to request my money back?

Alex Watts :

Sadly no - you could sue for any direct losses as a result but nothing more.

Alex Watts :

Does that help?

Customer:

ok it want really the answer I was hoping for, but if that is all I can do then so be it...thanks

Alex Watts :

I am sorry its not better news.

Alex Watts :

But you can only claim direct losses.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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