Bank lost payment eventually resulting in HMRC HMCH fines, account closure.

[Aman]

I have a problem with my bank / BT / Accountant / Companies House / HMRC.

I had a BT bill to pay, wasn't sure how much it was as didn't have access to the bill.
by telephone banking instructed bank to pay BT £100 Sep 2007
Bank put through they payment without a reference number.
BT sent a final demand.
Various people probably called Bob at BT couldn't trace payment, then wouldn't deal with the issue by e-mail. my e-mails were deleted by them because they said there were attachments.
I went to my personal bank branch with statement, manager was on telephone with them for an hour, no resolution.
Bank kept statement
My annual accounts were due 1 May 09 and only had to be presented in format suitable for Companies House.
Accountant said she could not submit accounts as statement missing.
Ordered new statement. No statement Rxed (2 or 3 times)
Finally received statement in September. BoS had cheek to charge me for it too.
Sent immediately to accountant, within the hour e-mail with draft a/cs and advice of CT liability c £978
Companies House fine was £750
Tax fine was £200
Paid Co hse first as that would have doubled
Explained situation to HMRC they gave me more time to pay (though I am still waiting for personal tax rebates from 2005/06 to date)
HMRC advised I would be able to use personal tax rebate towards their fine.
Next HMRC person said not possible.
Get a different office every time.
Threatened legal action in a couple of days time, so the last of my funds were used.
Bank never put through either payment as disputed
I sent e-mail to Co Hse asking how to appeal. Explained above in e-mail. Also explained medical problem.
Companies House wrote back taking e-mail as the appeal, denied appeal saying bank and agent are under my control. They also stated that accounts could have been submitted based on the statements I did have and amendments made later
How the hell can I control bank, the banks can't control banks.

I complained to the bank about them initially losing the payment by not attaching a reference and their subsequent handling of the issue. They closed my account.

So, the accountants bill is due 30th, it is late already and they have now put it through a factoring co. As I don't have the money to pay I guess it will go to some sort of legal action. How long would that take? I have nothing to liquidate or could liquidate by 30th, best I could do is within 3 weeks if I take a weekly paid job with week in lieu.

I'd rather like the 950 odd pounds back.
What recourse do I have to challenge the accountants bill, seeing that the accountant could have and perhaps should have advised me that the accounts could have been submitted as they were, but didn't?
Do I have any recourse to challenge the HMRC, Companies House fines?
Do I have any recourse with the bank or with BT.

All this for a stupid mistake the bank made.
Bank has not responded to letters or e-mails.

I have documented evidence of all the facts. Just not sure where to escalatr to.

Heh, a letter from the HMRC started something like I'm sure you will realise the implications on vital public services and blah vulnerable members of society. From where I'm sitting them having taken the money I was going to use to finance starting a job has put me in a vulnerable position, on the dole at a net cost, not as a contributor to the state. I had to turn down a job at a Telco just after these fines were paid.

The woman at the personal tax office lost my tax return 2005/2006 I went there on the tax due date and she even helped me fill it in (they hadn't sent the correct sheets). HM, IR never investigated because I challenged her about it an d she was not aware of the matter.
All subsequent tax rebates have been held back.
Had letter referring to my appeal and letters after saying they have received no appeal. They like to haze the taxpayer too by having so many different offices dealing with each account.

I also didn't realise I could claim tax relief on losses on shares. Bank lost my nominee account details so had to take losses on M&As, buybacks. Maybe another thread though.

[javadude]

Woah I feel for you. That's quite a time you've had. To have the usual incompetence of banks etc come together to have such an effect is not good. Perhaps you can complain to the banking ombudsman?

[MarillionFan]

Lot going on there.

I am assuming you are not talking about years ago, but not. What I mean by that is, you have only recently put in your 2005/2006 2006/2007 returns. If so, you are going to get fined. The fact the bank lost a statement and it took longer isn't going to cut it if you are already 3/4 years late(please clarify if this is not the case).

I also went through a period on one limited of not putting in my accounts on time, that dragged on, the fines added up, I lost some bank statements, had to wait to get them back, my first accountant screwed up a return. I had CGT to pay on a self assessment return and it went in 1 day the wrong side of a tax year. I landed up with a fine & costs of £10,000. In my case, I knew it would be bad and had the money off to one side in my 'if I get caught by IR35 pot'.

It was my fault as company director.

If I was you, I wouldn't waste my energy on it, I'd either push for a contract or go perm and agree to payback/get it on hold.

The moral is. Don't mess around with HMRC.

[krytonsheep]

Sounds like you've had quite a few issues. I'd recommend getting a permanent job, pay the fines and close the ltd company. Then you should be stress free with no more accountants, HMRC and banks to deal with.

[SueEllen]

Sounds like you've had quite a few issues. I'd recommend getting a permanent job, pay the fines and close the ltd company. Then you should be stress free with no more accountants, HMRC and banks to deal with.

WHS


Also in future for your personal accounts with utility companies etc don't email organisations - send them letters at least by recorded delivery that way they cannot deny receiving them.

In addition give them a time frame of 14 days to correspond to your letter and also go to a website like consumer action group or money saving expert and ask for a regulator for the organisation to contact if the company is playing you around.

[Aman]

Lot going on there.

I am assuming you are not talking about years ago, but not. What I mean by that is, you have only recently put in your 2005/2006 2006/2007 returns. If so, you are going to get fined. The fact the bank lost a statement and it took longer isn't going to cut it if you are already 3/4 years late(please clarify if this is not the case).

I also went through a period on one limited of not putting in my accounts on time, that dragged on, the fines added up, I lost some bank statements, had to wait to get them back, my first accountant screwed up a return. I had CGT to pay on a self assessment return and it went in 1 day the wrong side of a tax year. I landed up with a fine & costs of £10,000. In my case, I knew it would be bad and had the money off to one side in my 'if I get caught by IR35 pot'.

It was my fault as company director.

If I was you, I wouldn't waste my energy on it, I'd either push for a contract or go perm and agree to payback/get it on hold.

The moral is. Don't mess around with HMRC.

Thanks, fines are all paid which left me short and is still leavig me short.
No I was late with that 2007/2008 Commpany return by a few months May - September due to the faffing about by the bank, and Bob Shawadeewaddees at BT. I put it everything into the accountants on time, they just never advised me that they

The 2005/06 return was my SA. which was on time. I went down to the tax office, as I usually do on the 31 Jan when it was due in and the office manager helped me complete it. She had a pile of completed forms and put it with those. They were normally open until 7 on SA day but closed at 5 that year instead due to industrial action. She went away to the postbox and on coming back I asked her if she posted the returns, she replied that she can't provide receipts for completed returns.
Subsequent SA returns have been on time too but they are not paying out. They told me to send in a duplicate, which I have. I had to ask them the amounts. They told me the amounts I had declared in my return, which is a bit strange seeing as they claim they haven't received it, like my appeal and complaint the cite then deny knowledge of. I have a letter where the cite the return they claim they never got. Retards.

To top it all off I had my bag stolen with receipts, paperwork to resolve all this and my first year notes. If it doesn;t rain, it pours.
No contract or perm roles here. Need to go to London/SE for that but that 975 was my money to cover the first month.

per e-mail from Companies House (at leat they use e-mail)

Unfortunately, although I sympathise with your other problems, I am afraid I
cannot agree that the missing bank statement is sufficient to allow us to waive
the penalty. As you correctly state, [I asked] your accountant could have used estimated
figures, qualifying the accounts as necessary.
Having reviewed the facts of this case I find that the penalty has been correctly
applied and must stand.

I can confirm that the penalty of £750 has been paid and was received on <date>

I don't know who I'm dealing with from HMRC, for the same SA year I have letters from Bedfordshire, West Lancs & Cheshire, East Kilbride, Glasgow, Dundee, my own town and Newcastle. No wonder they are so incompetent, how the hell can the RH know what LH is doing.

I bet I won't get £100 for each month they have delayed payment like they charged me.

Chartered Accountancy careers thing at the Uni today, I'll see if I can bag soome free advice. Oh wait, they're accountants

[northernladuk]

I had a BT bill to pay, wasn't sure how much it was as didn't have access to the bill.
by telephone banking instructed bank to pay BT £100 Sep 2007
Bank put through they payment without a reference number.

I am sorry for not being a nice person but....

You were able to get in touc with your bank via telephone banking to make the payment. Would it not have been possible to ring BT to get the details, particularly how much you had to pay via telephone as well?

Although this is a sorry state of affairs I agree, isn't there some onus on the customers (i.e. OP) to play a part in the payment sequence and make basic data available to allow companies/banks with millions of customers to identify you? Ringing up BT isn't hard and they will help with some basic info, sending bank payment with no reference details is well..erm..asking for touble.

If this lack of understanding or effort or whatever it was that caused you to kick this whole thing off this way could it not be said it also caused further problems down the line and didn't help get to an acceptable resolution in good time?

Agree with the permie approach already been mentioned. No chance for you to implode if that environment... I think...

Sorry

[Aman]

I should have said that the bank have the account details on the mandate but didn't attach it on that particular transaction, like they usually do.

[Wanderer]

I have sympathy for the mess you are in but I've been there too and to be honest, it's a bit of a "dog ate my homework" sort of situation.

You've got to keep on top of things and file your paperwork on time or you get fined. It's as simple as that. The accountant saying there's something missing is not a reason to file the accounts late.

[oversteer]

So you waited 4 months to get a statement reprinted and in doing so your accounts overran by 3 months, triggering an automatic fine by Companies House

Bottom line, you should not have allowed so much time to elapse before getting your statement, and not waited till the last minute to submit your accounts [I know, I've been there and paid the fines too]

Could you not have reprinted it via internet banking, or worst case used telephone banking and written down each statement (I assume as a contractor Ltd co there are not that many transactions)

Companies House are quite clear about their penalty fees, sorry mate