Accountant aggressively refusing refund?

by Readers Question

9:21 AM, 18th May 2020
About 5 months ago

Accountant aggressively refusing refund?

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Accountant aggressively refusing refund?

I signed Terms Of Business with firm of 1 man band accountants and paid initial deposit of circa £2150. I never met this accountant face to face only transacted over the phone, email and once video call. After signing terms of business the only job he has done was to complete simple 1 page HMRC form, that’s all.

After 10 days, I have decided that I no longer wish to proceed with his services and sent him an email asking him that I wish to cancel exercising my cooling off period under consumer rights and distance selling. He initially called me with very aggressive call and then threatening to use the services of legal firm. I offered him £400 which is well in excess of time he has spent he asked for 50% then later withdrew his offer and asking me if I consider myself business or consumer.

Please note, his Terms Of business does not provide details of how to cancel. I have had instances, when I decided to withdraw the services of conveyancers half way through purchase in which case they either did not charge me at all or charge only for the work done, but this person appears to think I am committed to contract no matter what my circumstances are.

For the avoidance of doubt we are not business, but merely run our portfolio as individuals and Terms Of Business was signed on personal names and payment was made using personal account. We do not have any official business. As I understand, there ought some solicitors may read this and I would appreciate any steer or template I could use?

Many thanks

Simon


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Comments

Lindsay Keith

10:12 AM, 18th May 2020
About 5 months ago

Do his TOB show any professional qualification or regulatory authority? How did you choose him? Remember (and this may be that reminder!) that cheapest is seldom best?

Your article suggests you may chop and change, stopping conveyancers (did you stop the transaction or just sack the conveyancer?), so not really sure where you are coming from?

Richard Adams

10:28 AM, 18th May 2020
About 5 months ago

If the accountant won't repay you what you consider to be the appropriate amount etc why bother asking for advice and steers? Just tell him in writing that unless he repays you by a stipulated date you will commence proceedings against him via the Small Claims process. If he does not repay you or fails to reply then do it and let a District Judge decide. Cost to you for doing this is peanuts.

Thiru Vasagam

11:34 AM, 18th May 2020
About 5 months ago

Is the Accountant regulated then you can report to the regulatory body. Otherwise go to County Courts. I agree with both the comments above. Good luck.

Smartermind

11:38 AM, 18th May 2020
About 5 months ago

If you are operating a "portfolio" then you are a business, irrespective of whether you use a business account or a personal account.

Dylan Morris

13:51 PM, 18th May 2020
About 5 months ago

Not sure why you paid him a “deposit” of £2,150 there must have been a lot of work needed I dread to think what the final bill would be. You’ve never met him before, found him on the internet yet gave him over two thousand pounds upfront. He completed a one page HMRC form within 10 days. Why do you not wish to proceed without his services ? I’d get the feeling there’s a lot more to this than you’re telling us ?

Simon Hall

15:50 PM, 18th May 2020
About 5 months ago

Reply to the comment left by Smartermind at 18/05/2020 - 11:38
Sole traders and partnerships are covered under same legislation of Consumer Credit Act even if his argument is valid then I am covered under this act. You can run a business as sole trader.

Simon Hall

15:51 PM, 18th May 2020
About 5 months ago

Reply to the comment left by Thiru Vasagam at 18/05/2020 - 11:34
I have done so

Simon Hall

15:52 PM, 18th May 2020
About 5 months ago

Reply to the comment left by Lindsay Keith at 18/05/2020 - 10:12
Yes it does and I have made a formal complaint respectively.

Simon Hall

15:54 PM, 18th May 2020
About 5 months ago

Reply to the comment left by Richard Adams at 18/05/2020 - 10:28
Hi Richard,

Are you a solicitor, can he force me to remain within contract even if I cancelled within 14 days and assuming he can strongly argue I am business. which I am not as my wife and I operate as business.

Thiru Vasagam

16:26 PM, 18th May 2020
About 5 months ago

Simon I would advise you to check if the Accountant is a man of means. Any professional Accountant will refund the money due to you except for any genuine work he has done for which he can deduct reasonable amount. In rare occasion I have come across unreasonable behaviour. If you follow the procedures and take action he has to settle your dues.

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