Companies House Late Filing Penalty and Accountant

TheEnglishMan

My accountant screwed up my accounts, filed late despite the fact that I've sent him reminders. Now companies house are behind me to pay late filing penalty. I've exchanged letters with them always insisting that I'm not to blame but obviously they wouldn't listen.

Theoretically, they can't ask accountant to pay penaly even though he has done accounts and filed the account late? Can they?

Do I have any chance in getting it strike off, or can they divert the notice to accountant?

I've more complaints against my accountant and I'm in process of suing him for all his deeds. But first I want to get rid of this penalty first.

Conor_3

The accounts are the responsibility of the company secretary to ensure they're submitted on time.

At the end of the day, the admin of the company is ultimately the responsiblity of the company.

I think you're looking at having ot pay the fine and recover that off the accountant.

rog2

Unfortunately, as far as Companies House is concerned, YOU are liable for the filing of your accounts. In my experience, Companies House has never shown any flexibility towards late returns - their argument, to me, was 'you wanted the protection of a limited company, you must respect the rules'.
Doesn't help much, I know, but equally, if you had a contract, with your accountant, to have all accounts filed on time, then you would be well within your rights to take action, against him, for any losses that you incurred because of his incompetence.

TheEnglishMan

rog2 wrote: »

Unfortunately, as far as Companies House is concerned, YOU are liable for the filing of your accounts. In my experience, Companies House has never shown any flexibility towards late returns - their argument, to me, was 'you wanted the protection of a limited company, you must respect the rules'.
Doesn't help much, I know, but equally, if you had a contract, with your accountant, to have all accounts filed on time, then you would be well within your rights to take action, against him, for any losses that you incurred because of his incompetence.

Thanks all for quick replies.

Yes I understand the rule and obey them as far as I can.

Regarding contract with accountant, I'm not sure if I had it. Accountant is not an individual cow boy but a whole army of it, and incompetent (at least my case) and well known in contracting world.

I never bothered about looking at contract, if I had any, thinking that at least these folks should respect rules.


I still have last chance to appeal to senior appeals manager which i'll do to buy more time.

CH have at least shown some leniency and offered me to pay in installments.

rog2

TheEnglishMan wrote: »

Regarding contract with accountant, I'm not sure if I had it. Accountant is not an individual cow boy but a whole army of it, and incompetent (at least my case) and well known in contracting world.

I never bothered about looking at contract, if I had any, thinking that at least these folks should respect rules.

A contract can be verbal as well as written.
For example, if you had entrusted all of your Company's accounts to a firm of accountants, including the actual filing of all accounts, whether HMRC or Compaies House, then it could be argued that the 'accountant' had a duty to respect filing dates. This would be seen as a contract.
On the other hand, your 'accountant' may have gotten you to sign an agreement where he had slipped in a clause 'exonerating him from any responsibility for timely returns.'
He may, also, argue that he was waiting for information from you, which prevented him from completing the accounts in time.

fiveyearplan

I'm in the same boat. My accountant didn't file mine either and now I have to pay £100 fine which I think has just gone up to £200. I asked CH why they didn't iform me the fine went up and they said they didn't have to notify me. Urghhhh.