HELP Urgently required - Inefficient accountant!

me_eevie

If anyone can offer me and help or advice I would be extremely grateful.

The basic facts - I live in a development of 14 flats. The residents formed a limited company....I am not entirely sure of the reason for this, as it was done before I purchased my flat, but I understand this gives us certain rights and protections as the land is leasehold. Each owner is a shareholder owning one share.
We employed an accountant and a secretary (who are husband and wife).
As the law requires two directors two of the ressidents, one being myself, were registered.

THE PROBLEM - I have received a letter from companies house informing me that our Annual Return form 363 for 2006 is seriously overdue (should have been filed in Sept 2006) and I, as a director, am PERSONALLY responsible for delivering the documents on time. Failure to do so may result in legal proceedings being taken against me.

In addition to this it has come to my attention that our buildings insurance payment is overdue.

Our collective payments of maintenance monies are paid to the accountant for the purpose of paying bills including the buildings insurance.

I have tried to contact our accountant who is not returning my calls.
I believe he has also ignored letters from Companies House regarding this matter.

Any ideas PLEASE of how I can resolve this matter??

IvanOpinion

I have no idea but definitely do not ignore this. Hopefully someone else will come along with some useful advice .. good luck
ivan

gyzmo

I really do not think an internet forum is the best place to go to for advice. You seriously need to get professional legal advice quickly.

me_eevie

gyzmo wrote: »

I really do not think an internet forum is the best place to go to for advice. You seriously need to get professional legal advice quickly.

I appreciate what you are saying.

I only received the letter this morning and am sick with worry. I know professional people use this forum and might be able to steer me in the direction I should be going.

I can request the accountant do something but I cant MAKE him and if he does nothing the consequences appear to be severe for me and not him!

iceicebaby

I think you need to see a solicitor ASAP

dmg24

You could do with having this post moved to the House buying Forum, there is a lot more expertise in this area over there.

Have you physically gone to the offices of the accountant? This would be the next step to take. If the accountant up to now has ignored letters, then a letter from a solicitor is going to make no difference. He cannot ignore you if you are stood in front of him.

The letter from Companies House is spot on, you are personally liable. I am not criticising you, but in the future you need to proactively ensure that returns have been filed, and not assume that they have been done.

Best of luck with getting it sorted x

me_eevie

I know I am in a mess......the majority of residents are over 80 years of age - when there were no volunteers for the post of Director (a vacancy which occurred due to someone selling their property) I was told it was just for the sake of complying with the law - I don't get paid anything. Can I just resign????

Incidentally the accountant vacated his "offices" in the local high street and works from home now. I know the address. I am not good at confrontation - I just dont have the vocabulary or legal knowledge to deal with it.
I have written a letter and will hand deliver it tonight and see what comes of it.
Thanks everyone for your advice so far......a problem shared X

dmg24

Keep in touch with how you get on.

Rather than paying out for the advice of a solicitor, I would contact https://www.lease-advice.org, they should be able to point you in the right direction.

Edit: Also worth contacting Companies House to advise them of the situation. They may not be able to do anything, but at least they can't say that you haven't kept them in the loop x

LittleVoice

Talk to the other Director. He/she will have received a letter from Companies House too. Agree that you will need to see a solicitor next week - unless the accountant responds to you first thing on Monday with a totally satisfactory story. The cost of the solicitor would be chargeable to the company.

I think it is important to see a solicitor - because you need to be able to action if necessary and to ensure that the funds being passed over to the accountant are safe.

I assume that either the accountant or his wife is the Company Secretary. It is the Directors who appoint the Company Secretary so you will be able to get that changed if necessary.

Is the accountant a member of a professional body (anyone can call themselves an accountant)? If he is now working from home, has he retained practicing membership?

Are you aware of any AGMs being held? Have you been asked by the accountant to sign Annual Accounts?

Don't worry too much about Companies House over the weekend. Their systems automatically send these letters out when things are late and it shouldn't be too difficult to deal with the forms.

oz4725

Easy for us to say but chill out and lets get logical. Its sunday no one at work and little that you can do today.Make yourself ill with stress never helped anyone.
Your accountant is crap so get rid. I'm guessing that he's not salaried by you, he's paid as and when he does a small amount of work for you, he's on a self employed basis??

Theres loads of accountants out there, sus a couple out tomorrow and go and get them to file your paperwork to companies house. Learn from your "mistake" and move on.

I know this all sounds very simplistic but complicating matters seldom works.

Chin up its not the end of the world and Good Luck

me_eevie

Littlevoice I would like to thank you for your advice - you have raised issues which I hadn't thought of.
I checked this "accountants" letterhead - no qualifications listed. I checked the Institue of Chartered Accountants - he isn't a member.
I will do my utmost to see a solicitor this week

oz4725 - Thank you too. I have work commitments (dont go dont get paid, plus I have a course to attend two days next week) but I will book a days holiday to get something done. THANKS