Direct Debits paid in advance for a service not received yet - can I change my mind?

eskbanker

Monkeybum123 said:

Btw, apologies if my comments are all over the place. I'm a newbie first time poster, not familiar with how it works. Comments don't seem to be coming up in a linear way. Should I respond in this 'Leave a Comment' box, or by clicking 'quote' below someone else's comment, or some other way?

Clicking 'quote' is best if responding directly to another poster, especially where there are multiple concurrent commenters on a busy thread, but if not then simply typing in the 'leave a comment' box is adequate.

MyRealNameToo

Undervalued said:

MyRealNameToo said:

Monkeybum123 said:

Thanks for all the comments. 'Accountant' was just shorthand for a tax preparer.

I have used the company (in the UK, allegedly US and UK tax specialists) for 4 years to handle US tax returns - as a very ordinary, working, poorly paid individual, not for any business.  For the last two years they gave me the option of paying interest-free by DD, from Feb to Jan with the deadline for submitting the forms in October. So this year I have paid 7 out of 12 months, but only just sent my figures.

They offerred the DD arrangement by email, and I accepted by email in January '25. They send a new 'Engagement Letter' each year, but I can't actually find one for this year. A January email said they would send it in the next few weeks, but I can't find it (on paper, in email or in their new client portal, or the old one which I can still access), and I'm pretty sure I didn't sign anything. The Engagement Letter in the past has set out what returns they will prepare and return, their fees, methods of communication, data protection etc, and at least once I have signed and returned it. (Can't actually find one for '22 or '23 either but that doesn't necessarily mean they didn't send it.)

I've taken my eye off the ball this year for horrendous personal reasons. Tbh, the service I've received has been shockingly bad. The whole thing has been so stressful for so long, that I just want out and to use an online service which has very good reviews and costs a fraction of their fees. 

You had 14 days to cancel it under your statutory rights but you contracted in January so are well passed those and thats assuming its considered a new contract which isnt automatic given you've been using them for multiple years. 

Outside of that it comes down to the T&Cs, have you looked at them yet to see what the cancellation terms are?

A moot point but surely this is a business to business transaction and not a consumer one?

No it's a consumer one, all US citizens have to submit personal tax returns no matter where in the world they live. In the likes of the UK it normally results in a nil tax due because there are agreements between the US and UK and generally the UK has higher taxation but the IRS still expect to see your returns all the same. 

Monkeybum123

eskbanker said:

If you're hoping to get out of the contract seven months into this year's cycle, purely for change of mind, then you'll need to check the terms of the agreement and the cancellation policy.

If you're wanting to claim that they're failing to deliver, that'll potentially give you more rights but will rely on being able to construct a case that their performance is substandard - have you given them any indication that you're unhappy?

'terms of agreement and cancellation policy' - that also is something I can't find and don't think have ever been issued! They were in turmoil for a while as their founder and boss died and it took a while for the company to get back on its feet - none of which is my faut or excuses poor service!

Monkeybum123

eskbanker said:

Monkeybum123 said:

Btw, apologies if my comments are all over the place. I'm a newbie first time poster, not familiar with how it works. Comments don't seem to be coming up in a linear way. Should I respond in this 'Leave a Comment' box, or by clicking 'quote' below someone else's comment, or some other way?

Clicking 'quote' is best if responding directly to another poster, especially where there are multiple concurrent commenters on a busy thread, but if not then simply typing in the 'leave a comment' box is adequate.

Thank you for that

Monkeybum123

Monkeybum123 said:

eskbanker said:

If you're hoping to get out of the contract seven months into this year's cycle, purely for change of mind, then you'll need to check the terms of the agreement and the cancellation policy.

If you're wanting to claim that they're failing to deliver, that'll potentially give you more rights but will rely on being able to construct a case that their performance is substandard - have you given them any indication that you're unhappy?

'terms of agreement and cancellation policy' - that also is something I can't find and don't think have ever been issued! They were in turmoil for a while as their founder and boss died and it took a while for the company to get back on its feet - none of which is my faut or excuses poor service!

Oh plenty of indication that I'm not happy! Desperate emails begging for a response to questions, and expressing my displeasure. I should have jumped ship years ago (or never started) but hindsight eh, and 'the devil you know'. But as I said at start, it's all been horrendous and has floored my mental health, along with other life events. I have no headspace, time or energy for any kind of legal challenge, so if I can't get a sizeable refund I will just stay with them for this year then draw a line.

eskbanker

Monkeybum123 said:

eskbanker said:

If you're hoping to get out of the contract seven months into this year's cycle, purely for change of mind, then you'll need to check the terms of the agreement and the cancellation policy.

If you're wanting to claim that they're failing to deliver, that'll potentially give you more rights but will rely on being able to construct a case that their performance is substandard - have you given them any indication that you're unhappy?

'terms of agreement and cancellation policy' - that also is something I can't find and don't think have ever been issued!

In the absence of anything to the contrary, I think it would be prudent to assume that signing up for a year's service will commit you to paying for the full year, even if payment is staged, i.e. it's not a monthly contract.

MyRealNameToo

eskbanker said:

Monkeybum123 said:

eskbanker said:

If you're hoping to get out of the contract seven months into this year's cycle, purely for change of mind, then you'll need to check the terms of the agreement and the cancellation policy.

If you're wanting to claim that they're failing to deliver, that'll potentially give you more rights but will rely on being able to construct a case that their performance is substandard - have you given them any indication that you're unhappy?

'terms of agreement and cancellation policy' - that also is something I can't find and don't think have ever been issued!

In the absence of anything to the contrary, I think it would be prudent to assume that signing up for a year's service will commit you to paying for the full year, even if payment is staged, i.e. it's not a monthly contract.

Its not really a years service though is it? It's annual process with all the activity happening over a short period at the end of the year. It's the sort of thing that they could offer cancellation with a modest administration fee having already benefited on sitting on the OPs dues to date without actually providing any services. Not saying thats what the contract says but would still be profitable for them. 

eskbanker

MyRealNameToo said:

eskbanker said:

Monkeybum123 said:

eskbanker said:

If you're hoping to get out of the contract seven months into this year's cycle, purely for change of mind, then you'll need to check the terms of the agreement and the cancellation policy.

If you're wanting to claim that they're failing to deliver, that'll potentially give you more rights but will rely on being able to construct a case that their performance is substandard - have you given them any indication that you're unhappy?

'terms of agreement and cancellation policy' - that also is something I can't find and don't think have ever been issued!

In the absence of anything to the contrary, I think it would be prudent to assume that signing up for a year's service will commit you to paying for the full year, even if payment is staged, i.e. it's not a monthly contract.

Its not really a years service though is it? It's annual process with all the activity happening over a short period at the end of the year. It's the sort of thing that they could offer cancellation with a modest administration fee having already benefited on sitting on the OPs dues to date without actually providing any services. Not saying thats what the contract says but would still be profitable for them. 

Difficult to be sure either way, in the absence of visibility of the scope of work, but if it was solely a transactional service of 'customer feeds in raw data, provider submits return' once a year then yes, there wouldn't really be any need to wrap it up into an annual contract.  However, I'd assume that there'd be aspects of advisory services, updates about legislation, etc, as well as permanent provision of access to a portal, etc, so it wouldn't be a huge surprise to learnt that the accountant asserted that there were services provided, or at least made available, all year round.