Thank you for the question. If the accountant has acted negligently in applying this to you, then yes you could take legal action to recover any losses incurred as a result of their negligence. If this claim is under the value of £10k you can use the small claims process. Prior to intimating small claim proceedings, you will require to send a letter to the respondent. It is a simple letter stating that if they do remedy the matter as you have outlined (in the same letter), you will take legal action against them. This is referred to as a. pre-action protocol letter. You can complete the forms for a claims action easily online. You will have to highlight what the issues are and tell them how much you are claiming for, to be honest the first are straight forward and self-explanatory. If you feel you can do this yourself then you don’t really need to hire a solicitor, but I will provide details for you in case you feel you want to. You will then receive a response to the claim and a court date. On the day (unless they offer a settlement) you will appear at the local court and basically provide your evidence and give you claim to the judge, and they will response. The judge will assess the merits of the claim and defence and make a judgement this may be relatively easy for you to prove so the respondent may well offer a settlement in the meantime. In terms of evidence, ensure you keep copies of all correspondence, photo’s, social media items etc. you have in connection with the claim. These can be used to strengthen your case and will be considered in evidence by the court at the hearing. The strength of your evidence may also help to obtain an ex-judicial settlement.
I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area. This will provide you with someone nearby your area who can assist you if required.
I hope this information proved helpful. You will find a local solicitor who deals with these matters on the law society webpage which is as follows;
https://www.lawsoc-ni.org/solicitors (N. Ireland)
Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.
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