Problems with my accountant

JCabot

I know I have the wrong accountact but never really got around to changing him always too busy and before I knew it he would be doing my accounts for another year again. My main problems with him is he was just so difficult to contact and I always felt he wasnt really there to clear up my small issues. I think he pratise was too large for a small fry like me.

Anyway I submitted to him all my paper work for my company and private tax for him to complete and submit. Which i believed he did and I paid him and forgot about it until early march where I received a letter from HMRM with penalties for my wife and I because of later returns. Obviously I have UK interests aswell. I tried phoning him serveral times without success and eventually email a scanned copy of the fine for him to resolve. Later I was able to contact him by phone and he said he was looking into it but im not to worry.

Anyway I am still getting letters from HMRM saying now that this fine is insreasing by 10 GPB per day for each of us until resolved. My account told me to paid and he will resolve it with me next year but I dont want him to do my accounts next year. I tried paying the fine but cant because my returns are still not sent. He said hes looking into it but im finding him so difficut to contact im getting worried. His receptionist keeps telling me he is busy and he will call back but he doesnt.

What recourse of action can I take with this ?

Not sure if this is the correct section for this post but here it is anyway

MBateson

Visit him in person and give him a bollicking and find out exactly why this isn't dealt with. Make sure he covers any fines if he was responsible for doing the work.

Be there at the opening of business so you can see him going in (in case the receptionist tells you he isn't there)

If he isn't a partner in the firm, ask to see someone who is and make a complaint. Consider reporting the firm to their accountancy body.

Then change your accountant.

Also talk to your solicitor if you don't get satisfaction as you've paid fees and the work hasn't been done.

Shane732

I assume you've received a £100 penalty from HMRC for either the late submission or the non-submission of the tax return to HMRC.

Is it personally or in your companies name you have received the fine? If you received the first fine in March then I'd hazard a guess that it's a company, again this is an assumption.

From your OP it seems that the return is still outstanding. The first action is that this needs to be submitted now.

Being kind to your accountant and making a number of assumptions his argument could be that - he submitted a paper return for you on time and wasn't aware that in most cases HMRC have implemented a mandatory online filing process. As a paper return was submitted to HMRC it wasn't processed and therefore a late filing fine has issued to you.

I would argue that MBateson's comments are a little over the top. Involving a solicitor here probably isn't a worthwhile exercise as you'll end up spending more on legal fees than the £100 fine and get very little for it.

Your goal here should be to ensure your tax return is submitted and that your accountant pays either gets the fine revoked by appealing it to HMRC or pays the fine. Once you've done that you need to consider your position and move accountants if you feels it is appropriate.

In relation to involving the relevant accountancy body, well this is your decision and you would certainly be within your rights to do so. Personally i'd suggest that you attempt to resolve the situation with the accountant first of as opposed to going in all guns blazing.

If you want to refer the issue to CARB (assuming ACA firm) then I'd only do this when the issue is sorted and your books have been released or in a situation where you absolutely can't resolve the situation with the accountant.

Drop me a PM if there is anything I can do to help you out on this.

MBateson

He said that fines were accruing at £10 per day, if so, it'll be significantly more than £100.

I used words like 'consider', 'if he was responsible' and 'if you don't get satisfaction' which hardly constitutes advocating 'going in all guns blazing'.

Granted giving his accountant a bollicking might be considered that but hardly unwarranted in what is obviously (from OP's post) a case of dreadful customer service (and that is referring to the accountant's lack of communication regardless of having apparently not done the work).

smeharg

HMRC has issued penalty notices in error.

http://www.charteredaccountants.ie/General/News-and-Events/News1/2012/May/Update-on-Daily-Penalty-Notices-Issued-in-Error/