So, my accountant offered to do my returns for free to help in these hard times. I gave her the information by email. She said she did not get it. I resent it, she answered that email positively and in good time for her to do this simple task. Then I got a fine from HMRC which meant the returns were late. She didn't seem to be bothered and was not actively helping me. I was denied the SEISS 4th and 5th grants. I have been banned from working for half a year and this money was vital. I have copies of all texts and emails which I sent to her, she has not looked at them, or if she has she is denying there was a problem, blaming me for giving her the details too late. My fault, apparently, although the email was sent on 23rd Feb, she said I didn't give figures until 2nd March. She said she did returns on 2nd March, but later said 3rd March, which is late. I am so stressed out, she was a family friend. I cannot find out how to get help. I even threatened legal actions, but she just said OK. I cannot be the only person in the UK who has had this type of problem. Please if you have any suggestions for helping me, tell me. Thanks
Replies (54)
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What was wrong with providing the figures any other time between April and Jan?
Have little sympathy for someone who misses the usual deadline of Jan 31st but expects the accountant to rush and submit the tax return before start of march just because you've heard there could be some money in it for you.
Harsh but true
Quite frankly if it was me I would deliberately file it late if you showed up at the last minute when I had already told you I was really busy and then jumped up and down having a tantrum when it wasn't done when you clicked your fingers.
Whilst you may have enjoyed sitting in your garden with your feet up, accountants have been working huge hours for their clients, usually without getting paid any extra administrating a bewildering number of new grants and claims.
The fact you think a week before the (pushed back) deadline is plenty of time is jaw droopingly insulting to accountants. That's not "in time", that's hopelessly late by any measure and in my firm would mean you are on the "firing" list as would soon be an ex-client.
If you didnt work for six months why didnt you prepare and send the money during that time? She didn't have to do the work straight away but the sooner you do it then there's less of a rush for her.
When anyone starts a sentence with the superfluous "So" which seems to have crept into modern parlance, I switch off.
Well, I used to think this, but then I realised that I've been using an alternative introductory word all my life....
"What? Is this just another platform for bashing people then?"
Isn't that what you did in your OP?
But it appears that you sent her the information too late for the original tax return deadline of 31 Jan, hence the HMRC penalties.
Or am I reading it wrongly and you gave her the information way before that date, giving her plenty of time to do things in a timely manner?
And all for free too!
Your fault. No apparently about it.
You had months to get this done. You missed the 31 Jan deadline, then took another 23 days to get the info to your Accountant then expect your Accountant to drop everything to do the return in a couple of days?!! What a nerve.
"I resent it, she answered that email positively and in good time for her to do this simple task"
If it's so simple, I suggest registering an online account at HMRC so you can submit the tax return yourself.
Good luck.
Every year I have former clients try to DIY
Unfortunately some end up starting a return and failing to complete
Result
£1300 late filing penalties
Usually people who still failed to pay prior year fee of £300 inc VAT
Great work on putting your actual name and business name in your user details, there is a good chance your accountant will use this website and see your lovely post, who needs enemies with friends like this!!
as others have stated its your fault and no one else's......as a driving instructor, you would have had massive restrictions and been unable to work during all of the lockdowns - this would have a been a great opporunity to use your time wisely and get your accounts and tax returns done
you'll get little sympathy here, trying to blame your own tardiness on someone else
You have been banned from working for half a year. Is there a reason why you did not use that time, when you were not working, to get your records together well in advance of the deadline?
She offered to do your returns for free. The least you could have done was make an effort to make it easier for her, since she was doing you a favour. You did not do so, leaving things until the last minute (even if your claim of 23 February was true).
You might have legal recourse, even with the nil fee. I would hope that you leaving providing data until so close to a revised deadline means your case is considered without merit. If you're struggling for money, do you really want to throw money at a suspect lawsuit?
You literally said that the information was sent on 23rd Feb in your opening post. Changing your story is not going to help you any.The figures were sent to her long before 23rd Feb
Then take it to a lawyer and see what they say. The dates I can quote and the copies of correspondence do not lie. They are factual.
I really don't know what you were expecting coming here. You came into an accountants' forum, bashing an accountant whilst telling everyone you left things to the last minute. You were never going to get a warm reception here and, it being a legal matter not an accounting one, you were never going to get practical assistance either.
Filing your return on time is your responsibility. You would need a very strong case, which you don't appear to have, for pursuing anything other than the (nil) cost you were charged for the work. As I already said, it is up to you whether you want to waste money on such a poor case.
As others have said, it's your fault, you had plenty of time and you did nothing. My practical advice would be to learn from it and be more organised in the future. You're welcome
You sent the information in late (23 Feb is late) to an accountant offering to do your tax return for free.
You have no evidence she received your email sent on the 23rd of Feb, having it showing as sent at your end does not mean she received it.
The time elapsed between your year end and your first attempt at sending in the information was at the very least 324 days. 324 days during which, for much of it, you were unable to work.
And, finally, were you to send me information on the 23rd of February I wouldn't guarantee to get the return filed any time before the 2nd of March anyway, you can't go waiting 324 days to get your records together then expect someone else to jump at it.
By al means contact a solicitor if you think you've been wronged, that is your right, however I would be very surprised were you to actually find anyone ready to agree you've been wronged.
It says in your initial post that you didn't send her the figures until 23 February.
If you want help or advice you probably ought to post the correct sequence of events, all we have to go on here is what you've told us.
In any event, you got all the advice you needed in the first response to the thread, if you want to make a legal issue of it then see a solicitor, there is nothing here which is an accounting issue we can advise on.
@Janis Dolan driving instructor in Manchester.
I am really glad I don't act for you, indeed I would not.
You sound like and absolute nightmare of an individual.
You send your stuff really late
You abuse a family friend who is trying to help you out (for free) despite your appalling late paperwork which it appears they worked on same day (I would never do that for any client who is so late)
You then moan that things are not done right away, and moan about not meeting deadlines which were already missed.
You belittle the work that is actually needed to file a return. I bet they worked late to do this for you at the last minute.
And then you threaten her with 'legal action'
and then moan about it on a public forum.
You are an utter disgrace, and I am very glad you didn't get your SEISS.
Go apologise to your accountant and family friend- its you who is bang out of order not them. Take some responsibility for yourself and top blaming others for your pathetic childish attitude to your adult responsibilities as a tax payer.
I have quite a few driving instructors on my books, and because they weren't working from April last year, every single one sent me their records in April/May because they had nothing else to be doing!
So you've no excuse whatsoever. Stop blaming someone else for your couldn't care less (until there's free money involved) attitude.
I hope this is a wind up because if it isn't I don't think that anyone will have any sympathy including your ex family friend if she has read this. Yes you can speak to a solicitor for legal advice - I'm sure a whole new industry has sprung up to make negligence claims for SEISS.
You don't seem to recognise it is your responsibility to file your tax return on time. You dump your information on your family friend well after the filing deadline on the 23rd Feb. The friend is doing a favour and isn't charging and you then complain that is taken a week to do a "simple job"
Who did your accounts for you previously, why didn't you approach them rather than ask the friend?
Who did your accounts for you previously, why didn't you approach them rather than ask the friend?
Presumably because it was free?
Just because a business has struggled during lockdown, doesn't change the expertise and knowledge that an Accountant or book-keeper holds and it takes the same amount of time to draft and file returns.
I'm sure a whole new industry has sprung up to make negligence claims for SEISS.
Soooo glad I wasn't able to make claims on behalf of clients.
(Edit.... I don't want to upset Adam by starting a sentence with soooo. I think it's OK, because as used it has meaning; Adam's complaint - with which I heartily agree, btw - is when it's used vacuously, as in the OP. So, we're good, yeah?)
So long
I've been looking too hard
I've been waiting too long
Sometimes I don't know what I will find
I only know it's a matter of time
When you love someone
When you love someone
Yes, both "so"s in that post are correct so we're good ;-)
And yes it's the vacuous ones I hate. Also starting a sentence with "Like,"
...and like peppering it like liberally through every like sentence (that ends with the Oz Inflection)And yes it's the vacuous ones I hate. Also starting a sentence with "Like,"
So, my accountant offered to do my returns for free to help in these hard times.
Did your accountant / friend offer to do your returns for free to help out in these hard times? Or was she coerced into agreeing to do so? There's a world of difference between offering to do something for free and acquiescing to your suggestion.
When exactly did this offer or agreement take place? Post 31st January?
My feelings are along the same lines as others.
The SA extension was announced in late Jan 2021 to assist those who were unable to meet the deadline due to COVID. Whilst this did not specifically exclude any taxpayer group, it was clearly aimed at those who were unable to file. This would suggest... those working a full-time job and home schooling, those who were working considerably more hours such as medical professionals, those who actually had COVID, etc. It was not meant as a general extension for all - particularly those who could file on time (as most did).
It is also important to note that the extension was not an extension of the filing deadline! It was the suspension of late filing penalties (although press at the time confused the 2). Hence, any return filed after 31 Jan 2021 was still late, albeit without financial penalty.
Had the extension not been put in place on 24th/ 25th Jan, were you intending to then provide this information between then and 31st Jan? Or, would you have provided it after the deadline?
You lost out on SEISS because your filing was late. It was known long before the Jan deadline that 2019/20 figures may be taken into account. If you needed the grant desperately, you should have taken the bull by the horns and got your act together sooner. You should have been much more proactive and provided the information much earlier. It was you that would lose out and, whilst client welfare is important to accountants, we shouldn't be expected to hold client's hands at all times, or move heaven and earth to continually chase tardy clients!
You should really consider for future that accountants have many clients, all with filing requirements. This extension caused more issues for many as, not only did we have to cope with the filing extension, we also had 'normal February work' to do. Receiving client books 23 days after a deadline, and then having to prepare and file them within 7 days is out of order - even if you did send it (you don't say if it was receipted). Even then, when you chased on 2nd February, you expected your accountant/ friend to drop everything and file immediately!
Now, we all do a bit of pro bono work (some more than others) but, with that, there needs to be some give and take. Working for free and having to chase/ work to ridiculous time scales is unacceptable in my book. I admit, working for no fee does not mean we should drop our service levels. However, I wouldn't expect a paying client to provide information at such a late stage without there being some caveat that the return may be late as a result. Pro bono clients get the same service - certainly not preferential treatment!
I am assuming you haven't paid the fee but, if you have, you may wish to ask for a refund (I'm sure your accountant will happily send you a cheque for £Nil). If you are seriously looking at taking legal action, I'd doubt a court will entertain the fact that your return was late because of an 'agent'. Even if they did, I'm not sure you could sue for money you weren't entitled to (given the responsibility to file the return rests with you). Moreover, you clearly need a new accountant - and probably, a new friend!
Finally.. I, for one, hopeyour friend/ accountant reads your post. Someone who has freely given their time to help a friend does not deserve a public flogging. The only saving grace is that you haven't mentioned them by name!!!
On the subject of a £nil payment and refund, such an absence of consideration moving from the OP would be likely to render any contractual agreement unenforceable by the OP.
OP, you have to "give" something in return for your accountant's services - it's called a consideration - if you want a valid binding contract to exist. And if just such a contract doesn't exist, then you OP have *nothing to bring an action (for eg breach) against.
*Except perhaps in cases where estoppel applies. TD will elucidate ;-)
Janis
I'll be honest, if you are seriously considering any kind of legal action, you need the facts to be clear and straight. In your OP, the first date you mention is an email sent on 23 Feb. Now you say this was a month before 2nd Mar (which suggest between 30th Jan and 2nd Feb - still close to, or after the original filing deadline). You made no mention of letters sent by you previously but, seem to be referring to these now.
On the subject of "lying", you should be aware that on a deadline day, filings on 2nd Mar (close to midnight) are often not accepted until the following day. That is not to say they were not filed on 2nd, just that they were not accepted/ received until 3rd! I suspect this is the case - rather than an abstract lie. However, again, if you leave things to the last minute (Feb 2021 instead of Apr 2020), this is a risk you take!
I realise you are not happy with responses you have recieved on here. There are clear reasons for those responses:
1. As accountants we are often inundated by clients providing information in the days before a deadline or, in your case, after a deadline. We all attempt to file on time but, if 10 clients provide information requiring a total of 10 days work on 23rd Feb, some will not be filed (and accepted) on time. You have been in business 15 years, you know when the year ends, you know when the filing deadline is. Handing paperwork over 23 days after that deadline, and 5-7 days before a revised deadline (and saying it's only a quick job which invariably - it isn't) indicates how little you regard your accountant and friend.
2. You are being judged because, on the face of it, you were not working for 6 months, you did not use some of that time to update your business records, and now, having provided information at the 13th hour, you expect your accountant - and friend - to be responsible. In April 2023 you will likely fall under MTD, you will have to keep (and report) regular records electronically, and if an accountant does your work, you will have 1 month (every 3 months) to supply that information. When it comes, don't expect 9 months of chase emails, you may get one or two a quarter (max).
3. You are looking for advice on legal recourse. This is not a legal forum. If you need legal advice you will need a solicitor.
Finally, you are complaining about this being a 'bashing site' yet your OP seems to do just that. You are accusing someone publically of lying. Whether or not you mention names is neither here nor there. You are choosing to bring a gripe into a public forum. The general consensus has been that we don't believe you have a valid gripe, or sufficient grounds to complain. That is why you have received the practical suggestion that, if you feel you do, you need to approach a solicitor for advice.
All a bit unfortunate
On the 20th of January there was hope of version 4 SEISS but no commitment
Anyone looking at the first announcements would know that filing tax returns on time would be a critical factor
All my SEISS clients had a return filed, some with reasonable estimates
Given that EVERY accountant was doing so much more work during covid year in terms of support, hand holding in setting up client Gateways, assisting BB Loans and CJRS, all for free or at non-economic rates
Trust me you were not the only person that took a year off watching youtube and not getting the accounts done that should have been less than a afternoon's work for you and that could have been done on 6th April 2020
HMRC really did not help when they stated that no penalties were going to be charged if return filed by 28 Feb (version 2 of deadline)
An email of 27 Feb was the day before filing deadline 2
Then Hooray version 4 announced for those that had filed on or before 2 March
Two hard known deadlines missed. Then a third deadline invented that was not known on or before the deadline.
I think the legal chappies might have difficulty with getting anywhere on your claim
I recommend only trying it on a no win no fee basis
This January and February were the worst for people on SEISS bringing in tax return details late and wanting to take priority over others
I probably filed 30 returns late for landlords as a result of queue jumping
I offered no free tax returns to SEISS claimers as most were better off as demonstrated by the 2021 returns I am doing now
BUT I really did get seriously annoyed that I took filing returns more seriously than those claiming State Aid that could not be bothered to get the records to me
early enough to be in the correct posistion in the queue
What were they doing from 6th April until 20 Jan?
Youtube is a polite version
You got the practical help on first response, The Valliant
Legal not accounting issue
A bit late now, we are near the closing of version 5 dealine
If there was any help to be given it was at the opening of SEISS version 4
Not unusual for returns actually submitted on day 1 to be recognised by the system on day 2. In reality nobody here knows when your return got submitted
The second bit was me
Best go no win no fee
But that might be challenging depending on what the SEISS values were
If you gave the details in June to the accountant you would have had sympathy, but the help would have been no different
Legal issue
WAY way way too late to try for HMRC to operate outside of the rules as a result of communications and IT breakdowns
Oh woe is me. Some folk got NO help.
The fact you didnt get all of the freebie cash is down to you.
YOU missed the deadline.
What happened between 6 April and 31 January? You could have sent your books in on 6 April 2020. You did not.
I think she might have a case against you for calling her a liar, repeatedly.
Your fault.
No one elses.
You miss the point. Made by several Accountants.
Take responsibility.
Her mistake - taking on family friends. Who only remain friends when getting their own way.
Her other mistake - offering to do it for free.
Shame on you.
No, you missed the deadline. You sent her the information on the 23rd Feb, but the deadline was 31st Jan. So you missed it, categorically, undeniably, you missed it.
But moving on from that, had you sent the information over a few months earlier, even at the start of January, and not received any response or acknowledgment, then I'd question why you never contacted the accountant to confirm everything had been received and was ok well before the 31 January deadline. If the accountant claimed they hadn't received it, you could have resent it much earlier than 23 Feb.
Ultimately the responsibility as far as HMRC is concerned lies with the taxpayer to ensure that they meet their obligations. If they instruct and accountant to file a return for them, that does not shift the responsibility away from the tax payer.
As has been said many times, if you want to pursue this you need a lawyer, but honestly, even if most of what you say is true, I don't think you have much of a case (if any).
How can this forum help you? Sure, some of the remarks help no-one (including those posting them), but I struggle to see how anyone here could improve your situation. Hence... how can this forum help you?
note to any new accountants in practice - this sort of low life is why clear T&C's are vital giving clear dates by which dates should be submitted and the relevant cut offs.
my T&C's say 30th October for guaranteed completion by 31st January.
My VAT's say 15th of the month following
Company accounts say 3 months prior to the filing deadlines.
Any muppet coming to me a week before would be laughed at if they made a complaint. Of course if they had genuine reason we would bend over backwards to file on time.
How can this forum help you? Sure, some of the remarks help no-one (including those posting them), but I struggle to see how anyone here could improve your situation. Hence... how can this forum help you?
This went unanswered, except in error.
I'll try another question: @OP, what do your want your accountant to do about your situation? What complaint of yours is she not supporting?