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Removing a deed of assignment

Client's previous firm had him sign a deed of assignment. HMRC won't refund to my client

Morning All

Thanks in advance.  Apologies if this has been asked before.

My client of three years now, is still battling with his previous accountant over a 'deed of assignment.

All fees have been paid and a handover has been conducted.  Previous client no longer acts in any capacity.

HMRC have told me and him, that the previous accountant needs to write to them.

HMRC also say they have a deed signed by my client in 2017, whereby he insists he only signed 1 back in 2015 when he appointed them.

Is there anything I can/should be doing as his agent?  I have writtent to HMRC and the previous accountant to no avail.

Thank you

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20th Mar 2018 09:13

I am no lawyer, but it must be in your client’s sole power to revoke the deed. I can’t see why the former accountant’s input is required at all.

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20th Mar 2018 09:39

What has been the deleterious effect of the deed on your client ??

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to bernard michael
20th Mar 2018 09:54

Presumably tax repayments going to the former accountant's client account.

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By Krusty
20th Mar 2018 09:45

As far as I'm aware, both the client and previous agent need to agree to the deed being revoked. I'd try to contact the old agent again as HMRC likely won't budge

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to Krusty
20th Mar 2018 09:55

What makes you think the former accountant's agreement is required?

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to johngroganjga
20th Mar 2018 10:11

Because a deed of assignment would be a pointless document if it could be revoked by the original owner of an asset (the right to tax repayments in this case).

It is a document that acknowledges transfer of the rights to that asset.

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21st Mar 2018 12:03

If this was a Deed, who drew it up? If not a lawyer, is it the case that the Accountant drew it up? If so he may be in breach of the law. Carrying on “reserved legal activities” (see section 14 of the Legal Services Act 2007) when you are not an “authorised” or “exempt” (see sections 18, 19 and Schedules) an offence. Suggest client points this out to his former accountant..... .

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