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Buachaill, Barrister
Category: Law
Satisfied Customers: 11147
Experience:  Barrister 17 years experience
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Am asking the following question on behalf of my elderly mum,

Customer Question

Am asking the following question on behalf of my elderly mum, who has always had an accountant due to her being a silent director on her ex husbands company. This company was dissolved in 2002 however since then her accountant has still been filling personal tax returns on her behalf, and charging her yearly for it. It was only recently that we have gone through her paperwork and realised that they haven't needed filing at all. Unfortunately she wouldn't have realised this as she thought every does it! I have been in contact with her accountant who have mearly said yes your right they don't need filling and will stop from now on. This oversight has cost my mum aprox £130.00 per year for the last 10 years. The account has said it would be down to the HMRC to notice that they're not needed and the HMRC has said the accountants have been filling these on behalf of my mum on line and have always ticked the box stating that they need to be filed. Could you tell me who is correct as I feel somebody has taken advantage of the situation and I would like to try and get these payments compensated. many thanks
Submitted: 5 years ago.
Category: Law
Expert:  Buachaill replied 5 years ago.
1. It is quite clearly the accountants fault here if there was no need to file the returns. The accountant was simply churning fee revenue for himself and you should certainly recover the payments your mother made to him from him. There is no obligation on HMRC to check all filings for veracity or for whether they need to be filed or not. Accordingly get your mother a solicitor who will write to the accountant seeking the restitution of all the fees paid by her over the years which were unnecessary. Consider also a complaint to his professional body.
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Customer: replied 5 years ago.
Thank you for your response however getting a soilctor on board is not an option as we simply can't afford it. Could you suggest another way forward so that we can sort this out without it costing a lot of money! What would I need to do next, invoice accountants to reclaim money paid to them? Small claims court? I note he has a few letters after his name would those help me find out who his governing body is? And could they actually sort this for me, or how would complaining to them help? Sorry to be so naive but have never come accros any problems like this before. Any help would be great. Many thanks
Expert:  Buachaill replied 5 years ago.
2. You can write to the accountant and seek a refund. This is the first step. However, as the accountant has already simply ignored you, I suggested getting a solicitor to write so that you would make clear that legal proceedings were being threatened. If a solicitor is too much in costs for you, then write yourself. The letters after his name will tell you which accounting body he is accredited with. You can write a letter to them making a complaint about his behaviour.
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Customer: replied 5 years ago.

Just needed to let you know that I'm not ignoring your request to rate, its just that I'm in meetings for the next few working days and havent had time to look at all this yet and it may be that I have a few more questions. Many thanks

Expert:  Buachaill replied 5 years ago.
You are welcome
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