Previous Accountant

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Rachel
Rachel Registered Posts: 348 Dedicated contributor 🦉
Is the previous accountant legally allowed to hold on to items such as PAYE yellow booklet and not pass on the clients UTR?

The client has not yet settled the account yet due to being very unhappy with his work as he took 9 months to file their return.

She is now geting letters saying PAYE overdue but he is withholding the booklet. I haven't got enough PAYE details to add her to my clients list to get another one. Is there another way?

Sorry for always asking questions and never answering, hopefully in a year or ten I will be experienced enough to offer help.

Kind Regards

Rachel

Comments

  • T.C.
    T.C. Registered, Tutor Posts: 1,448 Beyond epic contributor 🧙‍♂️
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    I would suggest that you ask them to look at the terms on which the accountant agreed to work. There may be a clause about holding on to paperwork until the fees are paid. Remember that you are only hearing one side of their disagreement!
  • burg
    burg Registered, Moderator Posts: 1,441 mod
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    As pointed out this is only one side of the argument to which you possibly don't have the full picture.

    The client has two options:-

    Pay the previous accountant and get all records back.

    Be in touch with HMRC themselves explain the situation and see if they can get some sort of records. This doesn't necessarily mean you can act as you will still need to go down the normal professional clearance route but the client will at least have the info to be able to make payment.
    Regards,

    Burg
  • Bluewednesday
    Bluewednesday Registered Posts: 1,624 Beyond epic contributor 🧙‍♂️
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    I would argue however that the accountant doesn't have the right of lien over the PAYE booklet as that is the property of the company.

    I am also pretty sure that he's not allowed to hang on to things that causes fines etc.

    Call their bluff and say this to them, agreed you can't have their breakdowns etc until the bill has been paid but the booklet they have no right to!

    I would also encourage the client to pay the bill and settle everything to start with a clean slate - this is what we hope other accountants would do for us as sometimes clients do have unrealistic expectations about what we do and how long it takes to do it!
  • Rachel
    Rachel Registered Posts: 348 Dedicated contributor 🦉
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    I think it is pretty mean that he won't realise the booklet I am not asking for calculations or anything just things to stop fines etc. He is aware that she has this letter and told her to ask me about it knowing full well I haven't got the info.

    I understand that there are two sides to the story, how she has explained it to me is that he is an old school ACA and treated her like a silly girl.

    I am encouraging her to pay, she has decided to wait until next week. I have been paid btw so I am not too worried about that.

    Thanks for your advise. To be honest is a client didn't want me anymore I would send the new accountant everything I had immediately to get it over and done with and move on but I understand that she owes him money and that is why he has done so.
  • anniem
    anniem Registered Posts: 1,326 Beyond epic contributor 🧙‍♂️
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    Agree entirely with Bluewednesday.

    After all, if this person has arlready fallen out with one accountant it may be you next! I think there are people out there who just gradually work their way through all the accountants in the yellow pages, building up debts with each one as they go along!

    Maybe I'm too skeptical though!
    FMAAT - AAT Licensed Member in Practice - Pewsey, Wiltshire
  • Anne Boleyn
    Anne Boleyn Registered Posts: 196 Dedicated contributor 🦉
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    If your client pays the PAYE due online you don't need to send off a slip. You must have the details of the scheme on the overdue letters. I know it doesn't solve the accountant problem but will stop the penalties piling up while it's being sorted.
  • Rachel
    Rachel Registered Posts: 348 Dedicated contributor 🦉
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    That is what I thought, I tried to added the references on the letter to my client list but it didn't accept it.

    Thanks
  • burg
    burg Registered, Moderator Posts: 1,441 mod
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    If you have the Accounts office reference you can pay by card here https://www.billpayment.co.uk/hmrc/scripts/nrpaynow.asp

    or by bank transfer through the clients bank

    http://www.hmrc.gov.uk/payinghmrc/paye.htm#3
    Regards,

    Burg
  • Rachel
    Rachel Registered Posts: 348 Dedicated contributor 🦉
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    burg wrote: »
    If you have the Accounts office reference you can pay by card here https://www.billpayment.co.uk/hmrc/scripts/nrpaynow.asp

    or by bank transfer through the clients bank

    http://www.hmrc.gov.uk/payinghmrc/paye.htm#3
    I haven't got an Accounts reference sadly
  • burg
    burg Registered, Moderator Posts: 1,441 mod
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    As per previous posts then either:-

    Get the client to phone HMRC and obtain it by explaining the situation

    or

    Chase the other accountant and either try to persuade him to give it or get the client to pay up.
    Regards,

    Burg
  • Rachel
    Rachel Registered Posts: 348 Dedicated contributor 🦉
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    All sorted thank you all, I called HMRC and they spoke to me, so I am happy
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