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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Please advise me- Can this accountant charge us?

5 replies

MTwhyowhy · 12/04/2019 16:25

Hi,
I booked a very local accountant to home visit for myself and partner. He carried out a 1 hr initial consult to see if he can help, no t&c's received, he told us the hourly rate if he takes us on but no mention was made of initial meeting costing anything. No terms of business, business card, or letter of engagement given etc.
Advice given was incorrect and he clearly didn't understand very basic CGT rules so we decided not to take him on. Have now had a bill for £200 and when I phoned to query he was extremely rude and adamant we have to pay. He wouldn't budge an inch and hung up on me despite me remaining very polite. Does anyone know what rules there are or any information I can use to fight this- fully expecting a debt collector or court action if we don't pay. Thankyou for any replies!

OP posts:
AdaColeman · 12/04/2019 16:50

Check which qualifications they have and contact their professional body to seek advice as to your position?

MTwhyowhy · 14/04/2019 09:10

Thanks Ada, the problem I've got is he left no details or business card and his website shows no accreditation or qualification info at all! All the research I've found is conflicting. Is there anyone out there who is an accountant who could advise? We've since found an excellent accountant and become a client- initial consult was free and he was very upfront on further costs.

OP posts:
Jon65 · 15/04/2019 00:03

In order for a contract to exist, there must be clear terms and conditions which must be decided at the outset. It is possible to change terms and conditions after a contract has been formed but only with both parties consenting. The terms of a contract you agreed was an hourly rate if he took you on as a customer. You have since declined his services. No contract exists. Therefore he cannot legally make a successful claim. In more legal terms there must be an offer, acceptance of that offer, and consideration (money or other service in payment). There was no offer except to come round and talk, there was definitely no acceptance because there were no agreed terms. Advise him there is no contractual relationship etc etc. He would not succeed in court providing you attended if a claim were made, which I doubt.

FreckledLeopard · 15/04/2019 00:09

In the absence of specific terms then the SGSA 1982 implies that 'reasonable' charges will be made for the services rendered. However, given you say that his advice was wrong then you'd potentially have grounds for a counter-claim in negligence.

In your circumstances I'd probably just call his bluff and see if he sues you, making it clear to him that you reserve the right to counterclaim if he does sue.

Jon65 · 15/04/2019 00:26

No you are wrong on two counts, because you cannot imply terms into a contract, and secondly you certainly cannot introduce terms into a contract after it has allegedly been completed, if indeed a contract existed at all. See the Consumer Rights Act 2015 s50 et al.

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