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Companies House - appealing against an appeal - help!

7 replies

starry · 17/07/2004 11:11

We got a late filling penalty from Compnaies house as they claim to have only received part of our accounts. We appealled as we know the whole accounts were sent and believe there has been an error on Companies House's part in mislaying/losing the missing accounts.
Our appeal has been rejected and C.H. claim their receipting procedures are so good that there is no room for error.
We are 100% sure the whole accounts were sent and find it hard to believe that there is no room for error in the receipting procedures and also that C.H. is self governing and that has the power to decided appeals alone.
It is for this reason that we want to appeal against the appeal rejection. But to whom? Is there a Companies House ombudsman type of thing? HAs anyone any idea at all.
Do any Mumsnetters work at C.H?

ANy info gratefully received.

OP posts:
ladymuck · 17/07/2004 11:22

From their website:

"What happens if my appeal is rejected?
You can write to the Manager of the Late Filing Penalties Department. If this appeal is also rejected, you can write to the Senior Operations Manager in Cardiff or, for companies registered in Scotland, the Registrar of Companies for Scotland in Edinburgh.

If the Senior Operations Manager (or Registrar in Scotland) upholds the penalty then you can ask Mr William Thomas, the independent Complaints Adjudicator, to review your case. Please do not write to the Adjudicator until you have heard from the Senior Operations Manager (or Registrar in Scotland).

Please note Parliament decided that discretion resides solely with the Registrar.

Finally, you can write to ask the Registrar of Companies to look at your case. "

ladymuck · 17/07/2004 11:23

Good luck!

starry · 17/07/2004 11:27

Thanks Ladymuck

think i'm going to need all the luck I can get!

OP posts:
lemonice · 17/07/2004 14:29

I sent my accounts in July 2003 and got a reminder in November which I ignored because I thought they must send them to everybody. I got told I'd failed to file and my accountant sent a copy of the accounts and asked for the penalty to be waived. I've just paid a £250 fine (would have been £100 but for some reason they say the copy accounts were 1 day late pushing them in to the £250 period) because as far as I can see they give no lee way if you send them in and they lose them ie lost in the post as they say is no excuse. I thought if I didn't pay up then I'd have to pay even more. In future all my correspondence is Special Delivery. I wouldn't have cared if I'd actually made any money. Apparently there has been an enormous increase in the number of companies being made to pay penalties this year. It is just a government dictate to make more money. Good luck, but I doubt you'll win but please post if you do!

starry · 17/07/2004 17:46

Thant's interesting lemonice - and bad luck for you of course!

They seem very self governing so TBH I don't think we will win but i'm going to damn well try!
Our problem is that they admit to receiving part of the accounts but say a page was missing making them incomplete. We are 100% sure the whole accounts were sent but they seem not to be at all willing to admit there could possibly have been an error on their part at all Also instead of notifying us of the missing page before the deadline they choose to wait until after the deadline hence incurring a penalty (we had sent the accounts in good time) so this really p's me off.

OP posts:
yamamoto · 17/07/2004 18:27

very same thing happened to us, our accountant had 3 very similar cases and took up the challenge.
We got lucky but the other two did not..

lemonice · 17/07/2004 18:42

Starry - I've just realised that the one page missing accusation from Companies House wouldn't be covered by proof of posting because the actual contents of the envelope would be your word against theirs. Unless they decide to find it I don't see how you can win?

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