AAPA accountant is not responding to client
For over 35 years we have used the same one man band accountant who trades as a member of Authorised Public Accountants.
For the past 2 years we have continually had difficulty in contacting him - he lives 150 miles away - and is holding the files for 31 March 2008 which are not completed yet as there are discrepancies on his draft and the figures supplied to him. He reclaimed £9000 in relation to 31 March 2006 Acounts and has kept this money in his own account and not passed it on to us since HMRC issued it in May 2008. HMRC have sent us a copy of the cheque they issued to him (admittedly signed by us on the Tax Return as payable to him).
HMRC are investigating Yr End Accounts 2006 and on the face and we have had a meeting with HMITaxes in the absence of this accountant as he failed to turn up for the meeting. HMRC are unable to get contact regularly with him either and appreciate our predicament.
The annual fees have been in the order of £2k - £2300 and fees have been paid up to 31 March 2007 so there is no late payment from us to him.
What do you suggest we do to (a) get £9000 back from him (b) get the files back from him (c) get matters resolved with HMRC for 2006 and then be able to get 2008 and 2009 and 2010 finished off.
I have today tried ringing AAPA but just get an answerphone. A search on the website leads it to ACCA who say they cannot forward any contact number for AAPA and AAPA are just a susbscriber on their website.
so would i
where is this alleged a******, i'll send my nice gentle boys round..
one presumes he is still alive and well of course
Proceed with caution
Two points arise here.
1) You need your books back
2) You appear to be missing a refund
First you need to check that he is in fact still there - is he still alive? Sounds silly but you never know.
Then establish if there is any reason why he has not forwarded all or some of the refund (I am assuming that you dont owe him £9,000 in fees).
This is a civil matter (at this stage) so a solicitors letter sent special delivery setting out a reasonable time scale for a response should be your next step.
I always worry about accusations or implied accusations being made if you are not certain of them (and there could be good reasons for the silence), so, I would advise that you establish the facts and proceed, with caution, via a solicitor.
Keep HMRC informed that you are taking action to comply with their demands and that it is out of your immediate control at the moment.
Take action
Firstly, based on what you have said, I think you need to take legal advice as this is a very serious situation.
Next, I would consider getting in my car and drving the 150 miles to this accountant and deal directly face to face.
Then, I would find myself a reputable accountant to act for you going forward.
As for going through the organisation he is part of I guess this looks like a bit of a non starter.
Good luck.
Jason