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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13947
Experience:  Senior Associate Solicitor
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My accountant in the uk claimed my tax back for 2018/19. He

Customer Question

Hello, my accountant in the uk claimed my tax back for 2018/19. He filled me with empty promises that he would transfer the money. £8300. I currently live in Ireland and could not travel to the uk due to the pandemic and he has now passed away. How can I get the money that is owed to me? He claimed it in his name and used his address as I had no longer a UK address. Many thanks, Barry
JA: Where are you? It matters because laws vary by location.
Customer: In Ireland at the moment but my work was- and tax and this accountant is all uK
JA: What steps have you taken so far?
Customer: Nothing. I have tried to call him but phone is off. I called him a month ago and his son answered and told me his father- my Accountant- had passed away. I told him I’d let him grieve and call back in a month. His phone is now off.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No nothing. Thank you
Submitted: 22 days ago.
Category: Law
Expert:  JimLawyer replied 22 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Expert:  JimLawyer replied 22 days ago.

If you are saying the accountant took your money in his personal capacity and he has now died, you may need to instruct a lawyer in the UK to write to his personal representatives so that a claim can be made against his estate. If he was working as a sole trader or as a company then he may have had professional indemnity insurance - who would pay out for any claim you had against him, either in breach of contract or in professional negligence.
The key issue now is to deal with this as soon as possible in case probate is about to be granted. Your £8500 is a debt which should be paid out from his estate as you are a creditor. You are in Ireland so you will definitely need a UK law firm to handle this for you. Any of these could assist and they may do it for a low fixed fee (they are cheaper than Irish solicitors - I am dual qualified in both UK and ROI and have worked for both so I know this as a fact).
Here are a few of the firms to consider approaching :

  1. https://www.aprilking.co.uk/contesting-a-will/creditor-claims/
  2. https://vaneatonsolicitors.co.uk/help-im-a-creditor-to-a-deceased-person/
  3. https://www.rochelegal.co.uk/news/do-i-have-to-repay-a-loan-to-someone-who-has-died/
Expert:  JimLawyer replied 22 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 22 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 22 days ago.
Thank you - I will contact one of these firms. I’m not saying he stole the money but he kept delaying the transfer of funds . Then he died. Many thanks, barry
Expert:  JimLawyer replied 22 days ago.

Hi Barry, yes, it's most unfortunate as it has thrown a spanner in the works so to speak but the lawyers could lodge a caveat at the probate registry meaning the probate is paused given your dispute.