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My accountant hasn't filed a CS01 with Companies House in over 2 years: Compensation?

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    My accountant hasn't filed a CS01 with Companies House in over 2 years: Compensation?


    Hello,

    For background, I run a one-person Ltd company for IT contracting, and I've used the same accounting services provider since setting up the company in 2017. This accountant is a mid-sized company with around 200 employees that will be familiar to other people on this site. I have a basic accounting package with them where they run everything through quickbooks, file my accounts every year, provide me with someone I can email questions to, and that’s about it. I’ve considered doing this accounting work myself, but it’s just about felt worth it to pay someone else to do it and not have to think about it.

    Earlier this year, I tried to open a phone contract in the name of my Ltd company, but my application for the contract failed a credit check. I then tried to register with a credit ratings agency to try to work out what had happened, and I couldn't even sign up to the agency using my company details.


    After looking at my account with Companies House, I found out that the details Companies House held on my business were more than 2 years out of date (and, perhaps crucially, were different from what I'd used to sign up for the phone contract, and apply to the Credit Ratings Agency). My accountant is responsible for filing a Confirmation Statement(CS01) with Companies House every year that should have updated these details at least twice in that time. I have emails showing that I’ve sent my accountant my updated information specifically so that they can do this. They’ve either not filed, or incorrectly filed, my confirmation statements.

    They have since acknowledged via email that this is their error. They’ve also acknowledged that it could have *slightly* affected my credit score, but they have said that it's unlikely to be the main reason why my business was declined for a phone contract. I can’t think why else this could be though. As soon as I found out that my details were out of date with Companies House, I updated them myself, and a week or two later, I was able to sign up to the credit agency and got a report. My business is “classed as below average risk” and the only negative point on it seems to be that “your
    business has low captial employed” (not totally sure what that means, but I presume that it’s either linked to it being a one-person ltd company where I take most of the revenue out as salary expenses, or alternatively, that the volume of business I run through the company has been quite low over the last 2 years). I haven’t tried to re-apply for a phone contract in the time since, but based on being "classed as below average risk", I would again be surprised if I was declined based on a credit check.

    I think most people would advise me to change accountant and it’s likely that I will, but my main concern is that my existing accountant has failed to fulfill some of the most basic elements of what I've been paying them to do, and I feel like I should be entitled to compensation for that. Their are several other things I could point to in describing their services as "patchy" - they've had a very significant data breach earlier this year, and over the 5 years I've been with them, I’ve been passed between several junior accountants and more than once I've had to remind them about basic services that they're supposed to cover for me. However, if they haven’t filed a correct confirmation statement with Companies House in over 2 years, that feels like a significant issue, and quite likely negligent.

    Basically, how serious is this, and what compensation should I be entitled to?
    Last edited by yusefkerr; 13 July 2022, 13:07.

    #2
    Given that a CS01 form should be signed by a director of the company you really should be doing that bit of work yourself - it takes about 5 minutes.

    So I have zero sympathy.
    merely at clientco for the entertainment

    Comment


      #3
      Originally posted by yusefkerr View Post
      My accountant is responsible for filing a Confirmation Statement(CS01) with Companies House every year
      Er, no. You are ultimately responsible for filing a CS01 annually, not your accountant.

      You really should have a CH account and you should be on e-mail alerts for filings/security.

      Anyway, this is basically your mistake and you cannot expect any compensation.

      Comment


        #4
        Shudder .... the word package....

        I get what you are saying though. However signing the CS01 comes to you not your accountant, I know my accountants aren't exactly in favour these days but man we never missed a single deadline when it comes to filing, in fact that's all they did get me to sign EOY and then we filed and now look where that got me.

        Before you switch accountants have you managed to now file the two years because rather than compensation you will be looking at hefty fines/penalties and the accountants (I think I know who you are talking about) will still have your books
        Last edited by GregRickshaw; 13 July 2022, 14:05.

        Comment


          #5
          Originally posted by GregRickshaw View Post
          Shudder .... the word package....

          I get what you are saying though. However signing the CS01 comes to you not your accountant, I know my accountants aren't exactly in favour these days but man we never missed a single deadline when it comes to filing, in fact that's all they did get me to sign EOY and then we filed and now look where that got me.

          Before you switch accountants have you managed to now file the two years because rather than compensation you will be looking at hefty fines/penalties and the accountants (I think I know who you are talking about) will still have your books
          I think they were filed on time, the issue is the changes weren't made as they filed. 1 reason for that is that you are supposed to file changes as they occur not x months later.
          merely at clientco for the entertainment

          Comment


            #6
            OP, you need to get a grip on this. Why did you let this slide for two years when it's you that's responsible for running your company? You didn't notice the accountant wasn't filing on time? That's simply negligent.
            Along with the others here, you'll get no sympathy from me.
            Public Service Posting by the BBC - Bloggs Bulls**t Corp.
            Officially CUK certified - Thick as f**k.

            Comment


              #7
              I'm with Eek on this one. Not checking if your company has met it's legal obligations in inexcusable. Just checking the companies house register once a blue moon at the very least. Letting your accountant do it and you not caring smacks of MSC as well as generally negligent etc.

              it’s just about felt worth it to pay someone else to do it and not have to think about it.
              Totally wrong. You are ultimately responsible and have to sign everything so you do have to think. It can take the worry out of it as they provide you a professional service to help you but not think about it is just silly.

              You are a contractor. Your two main activities are running your LTD and reading/understanding and signing contracts. Doing the work at clients site is the easy bit. Any bugger can do that, even the permies. It's the rest on top that is your job.

              Anyone know which accountants offer quickbooks instead of FA nowadays?
              Last edited by northernladuk; 13 July 2022, 14:30.
              'CUK forum personality of 2011 - Winner - Yes really!!!!

              Comment


                #8
                jamesbrown eek
                My accountant has said the following "I can confirm that there were errors on our side in connection with your address and confirmation statement. As part of your service we do include us filing the confirmation statement with Companies House on your behalf".

                This sounds like they're saying that they will do it on my behalf (although clearly they didn't). I'm responsible ultimately for how the company files, but if someone says "give me money and I'll do this part of that for you", and it's something they don't do or can't do, isn't that fraudulent?

                "You really should have a CH account and you should be on e-mail alerts for filings/security".
                I have a CH account as I said in my email. I receive some alerts via email, and then my accountant usually sends me a related email saying something along the lines of "please fill this form out on our website and we will take it from there".

                GregRickshaw I can't fully make out what you're saying here. I've updated my details on the Companies House(CH) site. Are you talking about filing my accounts? I'm talking about the confirmation statement.

                Thanks for the replies so far.
                Last edited by yusefkerr; 13 July 2022, 14:36.

                Comment


                  #9
                  To be fair, forgetting arguments around whether he should be doing it himself, if the accountant did include it in their service (wrongly or rightly) as the OP demonstrates in the post above, they didn't do it and it's affected your business you'd think the OP has some claim here. Question might be, would chasing this down raise a flag for MSC?

                  OP. Compensation can only really succeed if you can demonstrate loss. You can't go down this path just because you are bit hacked off. Have you actually lost any notable amounts of money yet or not. If not then you can forget compensation above and beyond strong arming the accountants for a discount or bit of something.
                  If it's just a hiccup that can be rectified pretty easily with no lasting damage then nothing will come of it. Get them to fix it and then let your feet do the talking and leave.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #10
                    all my accountant does for this is to remind me to do it. Useful and I would probably forget if they didn't.
                    But CH offer an email reminder so get that setup and don't fail again.
                    See You Next Tuesday

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