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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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Dear Sir, Madam, I need legal advise, help regarding a

Resolved Question:

Dear Sir, Madam,
I need legal advise, help regarding a issue with my accountant.
I have an UK ltd. set up in nov 2012.
the accountant said (emails in dec,jan,febr,jun 2013) multiple times being busy claiming a VAT invoice back from the dutch tax authorities. this invoice was dated 26-aug-2008. it should be processed.
IMPORTANT: the claim had to be made before 26-aug.2013, since there is a time limit of 5 years to claim this back. (these were initially setup cost for the company)
In OCT 2013 (almost 2 months too late)
The accountant had filed the finally the claim. This was done too late, but also not the correct way. He filed a claim for the year 2013, not 2008.
The claim was denied based on the fact: OUTSIDE 5 YEAR TIME LIMIT.
additional info;
This deny, was sent by the tax auth. on 14 april.
finally on 14 july i get a response from the accountant they received the letter of 14 april. This took 3 months!
To make an appeal to the dutch letter, it has to be done withing a legal time of 6 weeks.
So also this, AGAIN had been to late.
MONEY involved:
QUESTION: is it possible, and to i have a strong legal case to start a court case against my accountant.
Looking forward hearing your reply,
JW EIgeman
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.

Do you have any terms of business with your accountant?
Customer: replied 2 years ago.

He does my annual return, like he did last year. I also have many saved email, him stating being busy with the vat return with the dutch tax auth.


Expert:  UKSolicitorJA replied 2 years ago.

It would appear that you have a case against your accountant for being negligent in the way your VAT claim was handled.

Your claim would be for damages for negligence for Euros 4600 which you would have received back from the Dutch tax authorities.

May I help further?
Customer: replied 2 years ago.

you are copying my question as an answer,

i came this far myself, that it looked reasonable to have a case against my accountant for being negligent. That is the reason to look for legal advise, and i raised this question,

im expecting a detailed feedback, with substantiated legal advice.



Expert:  Alex J. replied 2 years ago.
Thank you for your question and welcome.
Was the accountant actually advising you on the deadlines for making the filing with the Dutch Tax Authorities?
Did your accountant give you a retainer letter?
Is Euro 4,600 your total loss?
Kind regards
Customer: replied 2 years ago.

thank you for your reply,

the company was filled in de 2012. at that time the accountant assured to file the VAT reclaim with the dutch HMRC in time. he was aware of the 9 months period at that time, so he would not be running out of the 5 years limit.

The invoice is regarding a pilot, typerating course boeing 737-800.
this was done in Holland and were applicable cost for the UK limited company.

In jan/march/june 2013 the accountant confirmed by email again that all things had been processed correctly.

I show you some of the email correspondence i was able to find in my inbox, in these emails i ask a follow up regarding the processing;

EMAIL 17 april 2013 (SO APPLICATION IS FILED CORRECTLY AND IS PROCESSED as accountant mentioned before)

email coment of accountant: The type rating application is under way but we haven’t heard back from the Dutch authorities.


Email, status dutch VAT back,
answer: I’m not sure why it’s taking them so long ..they have had all the information from us that they need.

We will chase them (which the accountant didnt do)


> Hi robert, (accountant)
> as it is almost a year that has been passed now, any update regarding VAT
> back form the dutchies?

> Jan
> I know it's a bloody disgrace!!! And further...the bad news is that they've
> lost the form!!!
> We finally got through to them by phone and they told us that they had lost
> it.

EMAIL Date: Mon, 14 Oct 2013 10:58:46 +0000 (THIS DATE IS TOO LATE, TO CLAIM VAT FOR A INVOICE OF AUG 2008, 5 YEARS LIMIT passed)

Now we will do the necessary follow up regarding your Holland VAT.

Priya Ravichandran (WORKS FOR ACCOUNTANT)


Priya Ravichandran (works for the accountant)

Date: Wed, 6 Nov 2013 15:55:39 +0000 (THIS DATE IS TOO LATE, TO CLAIM VAT FOR A INVOICE OF AUG 2008, 5 YEARS LIMIT)

I am trying to send your application for claiming VAT refund from Netherlands, online.

Priya Ravichandran

I also have asked the accountant the following today:

>> On 21 Oct 2014, at 12:33, JanWillem Roderick Eigeman <*****@******.***>
>> wrote:
>>> Dear Priya, Robert,
>>> As you know im dealing with the Dutch tax Auth.
>>> another very important thing is, that the time limit for an appeal is 6
>>> weeks.
>>> Below the email received form Priya, dated 14 JULY 2014.
>>> It is regarding the letter dated 14 APRIL 2014.
>>> This is a very important letter, where to had to be responded in time.
>>> besides this is outside the 6 weeks of respond time,
>>> its even double the time 3 months.
>>> Also to this i have to give an explanation, why this response had been so
>>> so late?
>>> I think that you both agree that this has been out of a 'normal' time
>>> limit.
>>> Again we are outside time limits.... and the claim is going to be denied on
>>> this...
>>> If so, i am not taking responsibilities for this.
>>> could you please confirm what went wrong here.
>>> Thank you very much,
>>> Kind regards
>>> JW

His answer:

>> I think our chief problem was two fold..
>> A ) we couldn't talk to anyone at the Dutch vat office .. Or email them
>> B) our lack ok understanding of the Dutch language

as well my response to this:

> Dear *****,
> Thank you for the reply,
> It has nothing to do with the dutch language;
> as the dutch letter came in 14 th april, why did it take up to 3 months to forward this to me or give any feedback? I have been emailing you almost 2 weekly about the progress...
> Besides,
> The fact, that the vat claim was filed LATE and WRONG...
> Is not a dutch issue either...
> So why has this all been so late??
> And fyi,
> The dutch are saying that they are available by phone, 9-1700 mon.-fri, english speaking.
> Hope you have an answer on this,
> Ill start a case anyway against them in holland,
> If you are off the opinion its due to the fact hmrc was negligent in this, ill start a case in the uk as well. Im seeking legal advice in this at the moment.
> Im not taking the responsibility for the loss of 4600 euro...which is not my processing fault.
> Thrust you agree in this.
> Regards
> Jw Eigeman

as well finally his response:

I wish you all the best!!!! I will provide any assistance that you might think useful.

Sent from my iPhone

Finally what the story is,

They did not submit the application at the right time as they said to do in NOV 2012, jan/febr/march 2013 it should be even done up to 28 aug 2013 to be in time.

I got back to them on regular basis to inform the application was processed. all times i got it confirmed it was ok.

Lara Parra ltd. started in nov 2012. the application vat refund Holland was filed an processed in dec 2012. at first time, said by the accountant. i asked for prove or a confirmation of this. (which he never provided)

On the 9th of oct. 2013 I get the confirmation from the accountant that ‘they’ lost the application form.
Who is ‘they’ ? is it the dutch authorities? Or the UK, who should have forwarded it to the Dutch?
(it is important to have prove of this of course nothing here again)

At this time, the 9th of oct 2013, at the time a new application can not be submitted anymore, cause it is outside the 5 years limit, he comes back that they start finally the application again.

Last but not least, I can not make an appeal against any judgment,
This official letter came in 14 April 2014. Finally after 3 months, july 14 I get a email forward from the accountant about the letter.

Also this has been done very very late, again way out of time, cause an appeal should be submitted within 6 weeks.

The accountant didn’t do his job right, he tries to put it on the fact that he doesn’t speak dutch and the dutch HMRC are not able to be contacted,

This is a lie, they are available from 9-1700 every working day, English speaking.

He just doesn’t want to take responsibilities for his mistakes. He now just tells me to accept the loss off 4600 euro, and leave it as it is. In his email of 9 oct he writes: > We finally got through to them by phone and they told us that they had lost it.
SO it is possible to reach them, and speak English with them.
I asked about this ‘lost’ of papers the whole dept. didn’t know anything about this. If so, they would have made a note. (and the accountant couldn’t supply any of this documents application mentioned)

I would like your opinion about this, some substantiated legal advice. Based on which grounds I can take legal action.

Furthermore, I need a lawyer to follow up with this, who maybe can have a talk with the accountant about this and maybe point out, convince him that he will be responsible for being negligent.
application is filed too late, also filed wrong! Any other essential information was not communicated in time. Any appeal was not possible due to this.

(other pilots got their 4600 euro back, he processed them the correct way)

Expert:  Alex J. replied 2 years ago.
Thank you.
It will take me a while to review this, so please do not be concerned if you do not hear from me right away.
Kind regards
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
You have a claim in that the accountant seems negligent. The accountant as a duty under Section 13 of the Sale and Supply of Goods and Services Act 1982 to act with all reasonable skill and care.
ou 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.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
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.
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.
Can I clarify anything for you about this today please?
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very mich for your reply,

nice detailed and very helpful, what i was looking for.

i might start off with an informal letter to my accountant.

remember he s doing my annual returns as well..

Are u able to assist me with a letter ?


Expert:  Ash replied 2 years ago.
Yes I can - please see the additional service option I sent. Although it states it is for a telephone it is for drafting a letter.
But can I ask you to rate this answer first.
Customer: replied 2 years ago.

Sorry but i cant find this additional info.


Expert:  Ash replied 2 years ago.
I have tried again, see if that works.

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