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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I am being sued by a accountant. When looking for an accountancy

Resolved Question:

I am being sued by a accountant. When looking for an accountancy service I attended a free initial consultation... the initial consultation was about my finances regarding the limited company. The initial consultation was quite long but I'd asked the accountant if that was OK he said no problem' however after the consultation he asked for my address and then billed me personally for the consultation not in the name of the company.
Firstly How can he take me to court singling me out of the Limited company is the onus not on him to know that he was dealing with an employee of a Ltd company and secondly the FREE initial consultation, at no time did he stop and appraise me of any costs he let it run on and then charged me at and hourly rate with a discount!
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

hello my name is ***** ***** I am happy to help you today. So to be clear, at no point did your limited company or you personally enter into a contract with the accountant for him to provide services to you?

Customer:

NO - at no point did we contarct any services... I believed the initial consultation to be free... I also went as representaive of my company CPGP Ltd which was the e only business we discussed.

taratill :

So is he attempting to sue you in a personal capacity rather than your business?

Customer:

yes correct

taratill :

Ok well you need to submit a defence saying exactly what you have said to me that:

taratill :

a) you attended a free consultaiton

taratill :

b) at no time did you engage his services either in a personal or business capacity.

taratill :

c) you did not agree to pay for any services nor was a contract drawn up.

taratill :

d) you are therefore not obliged to pay.

taratill :

Unless he can prove otherwise his claim will fail and he will be liable to meet your costs in defending the matter.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

His wife is a solicitor... she sent this which I refuted
StartSelection(###) ###-####EndSelection(###) ###-####Dear Mr Fox

Your two recent e mails addressed to ***** of Saifuddin & Co Chartered accountants has been passed on to us. Please note that we are acting for Mr Saifuddin in this matter and all further correspondence should be addressed to us and not Mr Saifuddin.

We note you attended a meeting. The duration of the meeting was over two and half hours.

At the end of the meeting it was agreed that a bill would be sent you. We understand that at that stage you did not query that it was a free consultation. You are well aware that you can not have a meeting for that length of time and regard it as a free consultation.

You were charged a discounted amount of £150 plus Vat for the first meeting rather than £225 plus Vat. You received a substantial discount.

On the 11th June 2013 an invoice was sent to addressed to Mr Fox. You did not contact our client to state that the invoice should have been addressed to Crystal Palace Garden Party Ltd. You did not query that it was supposed to have been a free consultation.

We understand our client spoke to you on the telephone about the outstanding invoice and at no time did you query the name on the invoice or the amount. You stated that you would pay the invoice in due course.

On the 13 December 2013 we wrote to you on behalf of our client regarding the outstanding amount. At no time did you contact us to state the reasons why you should not pay the outstanding amount. Any further action could have been avoided if you had responded to our letter . However you chose to ignore it.

Proceedings were issued on the 28th April 2014. On the 5th May you filed a defence.

As you are aware, the court has asked that we file an allocation questionnaire so that they can list the matter for a hearing. This will incur all parties in costs and time. We will also be able to ask the court for our costs and those of Mr Saifuddin for attending the hearing.

We hope that matters can be resolved amicably.

Yours faithfully

taratill :

well this is a fairly standard response. You will have to answer in court this kind of question. Ultimately it will come down to your word against theirs in the absence of a written agreement. However I would say that if there was no written agreement that would go in your favour as the Court would expect the terms of engagement to be documented in writing.

taratill :

They are obviously trying to bully you into paying to avoid going to corut.

taratill :

It is up to you whether you want to fight it or not but on the basis of what you say happened you are in the right.

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