Problem Accountant

**Alan @ BroomeAffinity** · 20 June 2012, 17:51

In the eyes of CH, the fact that your accountant hasn't filed on your behalf is not a reasonable excuse. Normally this would require the death or extreme illness of the directors. You will have to pay the fine. You'd be well within your rights to pursue the accountant for costs but if he's doing a bunk you'll be struggling. He's not based in Scotland is he? I've heard something similar from a client with an accountant based near Edinburgh.

**Sally@InTouch** · 20 June 2012, 17:51

Originally posted by RingStinger View Post

Hello, advice needed please .....

I've used the same accountant for about the past 6 years. (I don't want to name and shame at the moment).

Over the last year, I've had the impression his circumstances have changed. He flitted between offices, then his landline number went dead and all I have now is a mobile number.

According to Companies House, he did not file my 2011 Accounts in Jan of this year. Having chased him a few times, he assures me he did. The last time I chased him up was about 6 weeks ago when he said he would write to them again and enclose another set.

I have had a call from Companies House today to say that they are starting a prosecution process against me. When I asked about the accounts and whether they had any correspondence from my accountant, there had been nothing. Only the correspondence that I had sent them saying I was looking in to it.

He has all my statements, receipts, invoices etc. so its not as if I can quickly create the accounts myself.

Can anyone advise where I stand both with respect to Companies House and pursuing him for any costs. In fact, just trying to track him down would be good.....

Thanks.

Is he (they?) registered with any professional bodies such as ICAEW? If so, you may be able to track him down with them.

**Jeremiah@RHJAccountants** · 21 June 2012, 07:27

As an accountant unfortunately i do have to say it is a legal responsibility of the directors to file the accounts with Compaines house. As mentioned there is no illness or death of the directors so no reasonable excuse not to file. So a fine will need to be paid.

My advice would be to find out if your accountant is registered with one of the professional bodies like ICAEW or ACCA for example and see if you can get the contact details from them.

I would also gather your information for the accounts and look to prepare and file them yourself if this is an option.

**sbakoola** · 21 June 2012, 07:37

Get your Annual Return into Companies House ASAP (properly filled in) otherwise they can strike your company off the register, freeze your business bank account and the money within gets sent to the Treasury.

**RingStinger** · 22 June 2012, 21:17

Companies House have been reasonably sympathetic and have delayed prosecution for 14 days to allow me to get my affairs in order. However they said a fine will be due once accounts are filed.

My accountant was south coast based, and I believe had a number of IT contractors as clients.

I've also discovered he filed my LLP return in Jan and did a cut and paste of my previous years numbers. Yes, I know, I should've checked more closely....

Does anyone know if HMRC and Companies House talk to each other closely? As my LLP return will not match my accounts when I produce them.

**SueEllen** · 22 June 2012, 21:28

Originally posted by RingStinger View Post

Does anyone know if HMRC and Companies House talk to each other closely? As my LLP return will not match my accounts when I produce them.

If you owe HMRC money then you need to pay them before they find out you owe them money and fine you.

**cojak** · 23 June 2012, 06:24

Don't you have copies of your spreadsheets that you sent him? I would contact the new accountant that you move to and ask them for help.

I had something of a similar problem with my 1st accountant. My new accountant helped enormously by trying to get the accounts out of the 1st, and putting in an abbreviated set of accounts that weren't exact but satisfied CH and HMRC.

It might cost you again but that's got to be better than getting your company struck off and serious fines by HMRC.

Good luck.

**MarillionFan** · 23 June 2012, 07:37

Have you visited your account? I had an issue with remote IT contractors accountants many years ago. They were fine to start with but after 5 years it went downhill. After requests to have my file sent to another account and no luck, I turned up, pissed off on their doorstep. A brief 'discussion' took place and I left with everything.

It did cost me an extra £1000 in fines though.

**Safe Collections** · 26 June 2012, 11:10

As Cojak said your immediate priorities should be Companies House and HMRC as they can and will fine your company or potentially force it into dissolution/liquidation.

Problem Accountant