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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I owe my previous accountant monies for their fees. I have

Resolved Question:

I owe my previous accountant monies for their fees. I have been out of work for some time which is why the fees accrued. At the last hour the accountants refused to complete and file my accounts and and despite please to them over a 2 month period they refused until ALL monies were paid (I did offer to pay in full once we had had sold the house but they were not interested). we arranged for our mail to be forward on but unfortunately a summons over a £ 900 debt from the accountants was not received before the court date so i could not respond. I had however already repaid them £ 1,100 as a good-will gesture so that they would cooperate with my new accountants. They are dragging their heels, have not answered a single email or letter from me pleading for their help. The CCJ that I now have will prevent me from obtaining further contract work as I would fail the standard reference checking (the CCJ is already on file). Companies House has given me a deadline of the 31st of Oct to complete and file the accounts by my old accountants are really dragging their heels. I am prepared to repay what is outstanding BUT I have asked for a copy of the letter I signed in respect of fees payments (ive been with them 14 years) and also a breakdown of what work was actually done in terms of effort (for context I am a one man band so very little day-to-day work is needed). It seems completely unfair that I now have a CCJ when £ 1,100 was paid prior to the summons I also paid £ 900 as well 2 days ago and I have asked the accountants to confirm to the court that this has been paid. No response to these requests and I am at my wits end as to know how I can force them to cooperate both with my new accountants for the completing my company accounts and also in having the CCJ cancelled as monies had been paid prior to the summons (the summons was incorrectly addressed - Geoff Charlie Evans; my name is*****
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Geoff my name is ***** ***** I will help you with this.

Alex Watts :

Have you paid the CCJ please? What date was the CCJ?

Customer:

Yes...it was recoded on the 2nd of this month I paid the accountant £ 900 a few days later when I became aware of the summons.I had already paid £ 1,100

Alex Watts :

Ok - then the accountant should provide a letter to say it was paid

Alex Watts :

You can then send it to the Court and get a certificate of cancellation - I think the cost is £15

Alex Watts :

You can send this to the credit reference agencies to get the CCJ removed

Alex Watts :

The accountant should then provide your documents to the new one

Alex Watts :

If he does not you need to write and ask that he sends the documents otherwise you will go to Court.

Alex Watts :

If he still refuses you can issue proceedings using form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

You are asking the Court that he 'delivers up' any outstanding documents.

Alex Watts :

The Court will then consider the application and decide whether to make an order

Alex Watts :

If the Court does and he refuses he could be in contempt of Court

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

My biggest concern is that with a CCJ I will not be able to get work; given that I had already paid £ 1,100 prior to the court hearing and that the summons was incorrectly addressed are there any grounds for cancelling the CCJ rather than amending the record(in other words will the CCJ remain on my as being 'settled' or will go completely and how long would this take?

Alex Watts :

Yes but as I have said if you pay within 28 days the CCJ can be cancelled so it will be removed

Alex Watts :

But you need to apply to the Court with a fee of £15 to get a certificate of cancellation

Alex Watts :

You then send that document to Experian, Equifax and Call Credit

Customer:

ok thats fine. The other matter regarding completing and filing my company accounts; is there anything I can do to force the accountants to provide the requested documents from my new accountants; their persistent delay has left me facing a prosecution if not completed by the 31st Oct

Alex Watts :

Yes did you not see my response above?

Alex Watts :

You need to apply to the Court for an order for delivery up

Customer:

Ok got it..do I need to get a solicitor involved at this point or simply threaten court action?

Alex Watts :

No - you can do it yourself

Customer:

online via the link you sent?

Alex Watts :

No thats the form online

Alex Watts :

You can't issue the claim onoine

Alex Watts :

You need to take it to the Court Court itself to issue

Customer:

so i complete the form and then simply go to my local magistrates court?

Alex Watts :

County Court

Alex Watts :

https://courttribunalfinder.service.gov.uk/

Customer:

ok thats fine

Customer:

Thanks very much for your help

Alex Watts :

Can I clarify anything else?

Customer:

No..I dont think so; other than to ask how this might impact the potential prosecution I face if the accounts are not completed and filed by the end of this month. I have made Companies House aware but they have not indicated whether they would extend this date if my new accountants are unable to complete in time

Alex Watts :

Well as long as you provide it, even late they can stop the prosecution

Alex Watts :

Does that help?

Customer:

Yes I think it does

Customer:

Thank you

Customer:

Regards Geoff

Alex Watts :

Can I help with anything else tonight Geoff?

Customer:

No thanks you for all your help

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