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Sam
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Category: Tax
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Please can you contact me regarding another question I have

Resolved Question:

Please can you contact me regarding another question I have regarding a different subject
Submitted: 2 years ago.
Category: Tax
Expert:  Sam replied 2 years ago.
Hi - how can I help? Sam
Customer: replied 2 years ago.

Good morning,

My brother has recently passed away, and I as an executor, have been dealing with his affairs, regarding his funeral and estate.

The family have employed a company, Cogent Law to deal with his estate and do his grant of probate.

The company have recently sent me all the figures that they say " have accurately been gathered" and asked me to review them, and agree to their findings, which I did...These figures were all on their headed company paper, as well as the Inland Revenue tax form.

After reviewing the information, and sending my approval back to Cogent Law, they have come back to me saying they have "inadvertently made an error in their calculations" to the tune of £31,000!

Please can you give me my legal position on this?

Expert:  Sam replied 2 years ago.
Hi Steve
Sorry to hear of you loss -
From a tax point of view - if they have made a mistake and this results in you owing additional tax (Inheritance tax) to HMRC, then I am afraid this needs to be paid. However you may have some recourse against the firm that managed this work for you to cover all or some of any costs that arises due to their mistake.
If this will be of to you. the estate then
First I would write back to them and state that you are not happy that their mistake has resulted in a cost to you, a mistake which you expect them to cover the cost of, as you employed their services in good faith as experts in these matters and expected a professional service that produced the accurate position. Ask for a response within 5 or 10 working days
If you get no response, then write again to the head partner as they are a LLP although they advsie its escalated to the team manager then senior partner) (enclosing a copy of your original letter) again stating the same.
If after the time you set on this second letter you have no response, or a response you are satisfied with (at either letter 1 stage OR stage 2) then address your complaint to the body under which this business acts.
Keep copies of ALL correspondence and any telephone calls, they make or you, then ask for all to be put in writing.
The fain compliant stage is
Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ
Telephone: 0300(###) ###-####
Website: www.legalombudsman.org.uk
Email:***@******.***
I have added a link form their website as to their complaints procedure
link here http://www.cogentlaw.co.uk/services/Legal.aspx?ContentSectionID=2330
Click on the Complaints handling procedure
Let me know if I can be of any further assistance.
Thanks
Sam
Customer: replied 2 years ago.

Thanks Sam,

So to reiterate the position, are you saying that the company are obliged to settle this mistake?

Expert:  Sam replied 2 years ago.
Hi
Thanks for your response
They should take responsibility for the mistake, but there is no guarantee they will accept this - and so may only agree to a partial settlement. Without knowing how the mistake arose, its not fully clear,
My advise is that you perhaps also post a question on the UK law forum within Just Answer, as I am sure you can appreciate I am a UK tax experts (and its me you asked for) and can advise in law with UK tax positions ( about tax or against HMRC etc ) but not with a law firm position!
Thanks
Sam
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