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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good Afternoon, I have/had a limited company and had an accountant

Resolved Question:

Good Afternoon,
I have/had a limited company and had an accountant and agreed verbally with him to pay £60 per month all inc for the company tax return and other accountancy works.
He left the company and handed me over to another employee.
I have paid monthly via standing order.
Since having a baby i have no money coming into the company and have no assets so sent a request to HMRC to close the company down.
When emailing the accountant he sent me a bill to which i asked for a breakdown. Within the breakdown he has been charging me for additional works such as P35 submission each year.
He the stated that "Bernard" had done my payroll and that he needs paying also taking the bill up to £700.
When i challenged this and asked where in the agreement this was he couldn't show me as there was never a written signed agreement between myself and the firm.
They have now sent this to the County Court.
Do i have a case for a counter claim? Also with my company being closed within the next few months how does that lay?
Thanks
Liz
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

For now please let me know whether they issued a claim in your name or the company?

Customer:

Thanks Alex,

Customer:

They issued it under the company name

Alex Watts :

Ok. In reality I really would not worry about it then if your company has no assets

Alex Watts :

They can NOT come after you personally.

Alex Watts :

But if you agreed to pay £60 a month for the work being done then they needed your permission for any extra work

Alex Watts :

They can't just do extra work and say here is a bill

Alex Watts :

They need your authority

Alex Watts :

If they did not have your authority you could reasonably expect it was included.

Customer:

Yes that's what I thought.

Alex Watts :

But anyway, its in the company name, not yours.

Alex Watts :

So if the company has no assets, I really would not be too concerned.

Alex Watts :

It wont affect you in any way whatsover

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

My concern is that i will have to pay the £700 they are saying that i owe for submitting accounts (which i have not signed)

Customer:

which includes the other fees which i was not aware of

Customer:

Do you think i will have to pay their fees along with the additional charges?

Alex Watts :

No.

Alex Watts :

You should only have to pay the £60 a month which you have been, nothing more.

Alex Watts :

If there was additional work they should have told you

Customer:

Yes, he said that when i joined i was in arrears with the accounts, they are £720 a year to which i was paying monthly

Customer:

so he's submitted my 2013-2014 accounts to HMRC without me signing them

Alex Watts :

OK - then again another breach

Customer:

now saying i owe £600 plus the other fees he's added on over the years

Alex Watts :

You dont have to pay anything, even if you do, its the company, not you

Customer:

The company is going through closure, so if i have no money in the company what happens then?

Customer:

im worried he will try to say that because i knew i owed the money, i still owe it even though the company is closing

Alex Watts :

Nothing.

Alex Watts :

They will get a CCJ against a worthless closed company

Alex Watts :

They cant do anything to enforce it

Alex Watts :

Does that help?

Customer:

That's great

Customer:

Yes thank you that's brilliant news

Alex Watts :

Great. Can I clarify anything else?

Customer:

No that's great thanks Alex

Alex Watts :

If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

Sure will, thank you

Alex Watts :

Thanks very much

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