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Accountant holding repayment

goldlemontree
goldlemontree Posts: 75 Forumite
Tenth Anniversary 10 Posts Combo Breaker
edited 24 April 2017 at 3:21PM in Cutting tax
Hi, I would really like some advice as I'm in a bit of a pickle. I started using an accountant recommended to me by a friend (who I am no longer acquainted with), he completed my tax return for year 14/15 but I didn't receive any invoice from him, and his replies were very slow or I didn't get replies at all.

I received a letter from HMRC in January 2016 to say that they had a repayment and was paid into the accountant's client account. I have been contacting this man all year by email (there is no contact number for him online) and he has replied to me occasionally to say he is looking into it, or that he can't help because my current accountant (I obviously switched to a new one!) now has access to my tax records and he doesn't, and then nothing again for weeks.

It's so ridiculous I don't really know how to get this money back - any advice would be appreciated. Thank you

Comments

  • Pennywise
    Pennywise Posts: 13,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Is he a properly qualified/regulated accountant? If so, make a complaint to his professional body. Your new accountant should be able to help direct you in the right direction with this.

    If he's not qualified/regulated, then you'd have to pursue him through the small claims' court (or whatever it's current name is) as it's just a debt you are owed by him, just like any other debt.
  • Thank you for your reply! He has company number and registered address, how do I go about finding if he is regulated?
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    Try looking on here to start with.

    https://www.unbiased.co.uk/
  • Pennywise
    Pennywise Posts: 13,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thank you for your reply! He has company number and registered address, how do I go about finding if he is regulated?

    Look at his letterhead or business card. Qualified/regulated accountants will show their professional body, such as "John Smith, chartered accountant" or "Fred Bloggs, Chartered Tax Advisor". They'd be crazy not to as that's the whole point of them qualifying.

    If it just says "Jane Dobbs, accountant", then almost certainly not qualified/regulated.
  • tebthereb
    tebthereb Posts: 162 Forumite
    Eighth Anniversary 100 Posts Combo Breaker
    Why have HMRC issued repayment to an account other than your own? Might be an angle to pursue with them also.
  • Hi, thanks for all advice so far. I rang HMRC to see if they could help, they said they paid into the account of whatever was put on tax return. The accountant must have put his client account details, and I didn't see a copy of it to change it at the time because he told me
    it was done after I'd emailed him to see what the status of it was, and after that the emails became how they are at the moment - few and far between and not really sorting anything out.

    HMRC suggested ringing the police as it's now a civil matter, does this seem like the best thing to do?

    I found an office address for the company on google, but I'm not 100% sure it's them, and if it is I don't know if it'd help anything to go in person as it'd be exactly like the emails, they could just say they will sort it, but then ignore it!
  • No, police are for criminal and this is civil.

    You need to find out a proper address (check companies house?) and send him a letter before action and then sue him via small claims court.
    Thinking critically since 1996....
  • roger_c
    roger_c Posts: 320 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    As someone said before, if the individual is qualified and a member of any of the following (this is not a full list); ICAEW, ICAS, ACCA, CIOT, ATT, etc then speak to the appropriate governing body.

    Have you ever seen any of the individual's qualifications noted on any of their letters/emails, etc?
  • I've never seen any qualifications listed unfortunately, but I will definitely be looking for this with all future accountants.

    I've just been to both his office address and his correspondence address, both of which were found on google. The office address was a different business entirely, and no one was home at his correspondence address - except for a dog, so I don't think they've gone away for the weekend. I left a letter to say that I'd dropped by and that I'd have to escalate further if he didn't reply by end of working day on Tuesday. So fingers crossed :/
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