Solicitor set up my LTD Company and its HMRC account then refused to give me access

ctsoton

Myself and two neighbours are in the process of acquiring the freehold to our apartment block.  We have engaged a solicitors firm to do this.

We used another solicitor from the same firm to set up a LTD company which will acquire the freehold.

On Tuesday I received a HMRC Corp Tax activation code addressed to the Solicitor who set up the LTD company and also addressed to the company itself.

I registered a Gov Gateway account to use the code but it told me it was not valid.

I called HMRC who told me to ask the solicitor for the login details

I asked the solicitor for the Gateway login details.

He sent me the ID without a password.

I asked for the password and he suggested I reset the password, but the reset email went to his email.


I made repeated requests for him to either a) login to the Gateway account and add me as a user or b) send me the password.

He refused and said "this is is an issue for an accountant to assist with"

When I said "this is categorically NOT an accountant issue" he ceased replying.  

He then returned my telephone call attempts and repeated I should speak to an accountant and that his "nine years of experience this has never been an issue".  The call detoriated and he broke off comms


I then spoke to HMRC online services help for the 4th time and explained the solicitor was refusing to give access.  They escalated this to another department so that I could reset the login details.

The next day I received password resets to my email address but addressed to the solicitor.

When I finally logged into the account his name is everywhere as the sole registered user.



I am now wondering if I have grounds for a complaint to his firm due to his handling of this issue.

He was paid to set up the LTD company.  There was no mention of also setting up a HMRC account.

I have no issue with him setting up a HMRC account.  The issue is his repeated refusal to give me a way to login.  This was a 5 minute task at best - even less if he just sent me the password.

This left me with no way to manage my own companies tax affairs

HMRC told me 3 times to get the password from him.  They escalated it internally on the fourth call when I told them he was refusing.  Presumably they could have escalated it on the previous calls but didn't think a solicitor would refuse to co-operate........

HMRC described him as having "made a mess of it" "just being awkward" and said he should have not set up the account if he wasn't going to make me an admin.


I had even emailed him a photo of the Corp Tax letter addressed to him, yet he repeatedly denied all knowledge of the HMRC account.

I am not 100% certain (because we were speaking/shouting over each other) but I do recall him saying the HMRC account ID provided was "personal" to him and "linked to multiple companies" but upon login this was not true. It is only linked to our freehold company.

So now there is a potential integrity and honesty breach.




I am amazed an experienced solicitor would argue that a HMRC online account was an issue for an accountant and not the person that set up the account.

Savvy_Sue

Not sure if there is a question in here, but ... 

Obviously, the firm will have a complaints process. Whether you want to trigger it before the freehold has been acquired - because they may feel they no longer want to act for you if you lack confidence - could be a tricky decision. 

But I think a complaint would be warranted: I'd also want to know whether his colleagues are aware of this issue that you've had with him. 

ctsoton

Savvy_Sue said:

Not sure if there is a question in here, but ... 

Obviously, the firm will have a complaints process. Whether you want to trigger it before the freehold has been acquired - because they may feel they no longer want to act for you if you lack confidence - could be a tricky decision. 

But I think a complaint would be warranted: I'd also want to know whether his colleagues are aware of this issue that you've had with him. 

Hi, that is a good point and it has crossed my mind re continuing of work to acquire the freehold.  Those colleagues are aware because they were involved in the email chain at some points.  

Although another dept pulling out of a work process because of a complaint re another dept also screams unprofessional, especially if the complaint is upheld/warranted

Mistral001

Your business is with the firm of solicitors and not individual solictors within that business.  So if you ugently need access to this Gateway account, then send a letter to the firm asking them for the password  detailing the urgency of getting it.  I suppose this is the same as making a formal complaint, but not all firms of solicitors have such procedures.