That is not what happened but thank you for your input. I will call the accountant tomorrow to try and resolve this matter amicably. Thank you to all for your help.

Thanks ashmk for your response......2 problems there...one OH is not here to do that also though we contacted the accountant to do work....he did not send off OH's returns.....as I said in the first post OH had his friend do them. If the accountant had sent off OH's tax returns then he would have been able to reclaim the accountants fee under expenses...but he did not. Basically the accountant was contacted but did not do any work...just emailed an estimate of what my OH would need to pay in tax & NI income.....but as OH's declared his proper earnings to the HMRC the amount he has to pay is different from what the accountant calculated. I will have to contact the accountant and advise him and refer him to my email I sent a while ago that OH was not here....and if he continues to go ahead and issue proceedings under these circumstances then he can explain to the court that even after knowing this information he issued a claim. I would also like to know why he thinks he can charge a full fee on just sending an estimate......as we did not use his full services and get him to submit OH's tax returns. Hope that makes sense? Will cost him approx £80 to issue a claim...and no doubt he would want to claim costs on top. We would also like to see a copy of the terms and conditions he is referring to in his last email....as far as I can see he did not send them.

Hope I have started this in the right forum. Quick summary of dilemma. My OH needed to do his tax returns for 2012-2013....I thought I would help by finding an accountant. I found a firm which looked like they were quite professional. They gave a quote for their fee for approx £120....and sent a form for OH to sign and also all the information about his self employment....earnings, profit and expenses etc etc. The accountant calculated what the OH had to pay as tax and NI contributions. This is where it went upside down. Just before we were deciding to go ahead my OH received news about a family member that had passed away and he had to go abroad....he is still there as his mother is also terminally ill. But before he went he asked his friend if he would help him submit his tax return which he did. I sent an email to the accountant advising that OH had to leave due what had happened.....since then I have received several emails from the account requesting that we pay his fee of £120.00. The last email he sent was yesterday : We notice that you have not settled our outstanding account. Unless we receive payment within the next 21 days, we shall consider issuing proceedings to recover the outstanding sum. This may involve you in further costs. In accordance with our terms and conditions, we shall also charge a further £25.00 plus VAT for chasing the debt. We look forward to hearing from you. Kind regards We have not got a copy of their terms and conditions...all communication was done via email....but will double check to see all the same. The last thing I want is to get involved in any sort of legal proceedings but do not know what to do. Yes we did contact this accountant and the figures that he added were less than what my OH submitted to HMRC..... Now this accountant wants his full fee even though we did not advise him to send off the information but he did send HMRC the form my OH signed saying that he had instructed them. HMRC sent a notification to the accountant that my OH had submitted his tax returns. It was not our intention to do this...but the accountant is asking his full fee but we did not use that full service....now he is threatening to issue proceedings....plus I cannot do anything until OH returns which to be honest could be a while....and I do not want any claim form landing on my doorstep either. Please could anyone advise how to sort out this stupid mess I seem to have got us in? and does the accountant have the power to issue a claim in such circumstances? If I had to file a defence this will all look so ridiculous in court.....I would think? Thank you all in advance for any help on this matter.

Hi wps....here is some info off the ICO.. http://www.ico.org.uk/for_organisations/sector_guides/~/media/documents/library/Data_Protection/Detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx Accuracy of a lender’s default records Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed. A record that a notice of an intention to file a default was sent, if not a copy of the notice itself, will help lenders to comply with this requirement. Factors to be taken into account in enforcement Any decisions on enforcement action will be taken in accordance with our Regulatory Action Strategy. When we consider enforcement action in cases where there is inconclusive evidence of whether a default did or did not occur, or the amount of a default, we must make a judgement on whether we consider that the Information Tribunal would support a view that a default record filed with an agency is incorrect or misleading. To reach a judgement we will consider, among other factors:  any evidence that exists, even if it is inconclusive;  the credibility of the data subject;  the credibility of the lender;  the reliability of the lender’s internal procedures;  the existence of other similar complaints about the lender; and  the use which the customer, or lender has made of other mechanisms to determine the accuracy of the record, for instance the courts or a relevant ombudsman scheme. Credit reference agencies potentially have a defence against action through the courts by individuals who successfully challenge the accuracy of data received from a lender. However, this defence is only available if the agency takes reasonable steps to make sure the data is accurate and, as soon as they become aware of the challenge, takes steps to mark the file accordingly . Records where the accuracy is challenged can be marked as ‘under query’. This marker alone is unlikely to be sufficient to provide protection against claims, including those for compensation. Agencies should therefore ask the lender to substantiate the disputed information within a reasonable time frame, foR example, 28 days, and, if the lender is unable to substantiate the disputed information in that time, should suppress the information from the file.

Thanks very much dx I will do that asap tomorrow.

Thanks applecart & bhall for your detailed reply....I am learning a lot on what you have posted and will certainly be digesting it all in.

It has only just occured to me...I received 2 letters today...one from legal aid and the other from Rossendales. Legal aid letter is dated 6 April 2013 and they have asked me to send them a payment proposal by the 27 April 2013. BUT! I have also received a letter from Rossendales dated 11 April 2013 asking me to contact them within 7 days. This is confusing....and legal aid have not said that they would pass this debt on.....I am not sure what to do.

I am need of some urgent help. Today I received a letter from Rossendales Collect regarding a debt of £1,682.69. This is regarding my legal aid certificate that was revoked by legal aid. Approx 6 months ago I was paying legal aid £20 a month as I was self employed and not earning enough....I paid approx 5 payments and then had to go to Germany to see my sick Aunt who has since passed away. I notified the legal aid that I had to go abroad and would contact them when I returned but they have since passed my debt on to Rossendales.....and I really don't know what to do. I am a homeowner and cannot afford having any charge on my property so would appreciate any help or advice from anyone. Do I ask Rossendales to prove the debt? as I was not happy with my solicitor who was representing me in my divorce case...that is why I got part legal aid and had to pay part....but me and my wife have reconciled now and no more divorce proceedings. Should I offer to pay the £20 again as I was paying earlier as I do not want to get in to any trouble and they have given me 7 days to contact them?

If a lender passes the beneficial title to a third party.....then should it not be them who have to issue any proceedings and you be dealing with them?

I have a deed which I really would like to know is correct and would like any helpful points from anyone who can please? I have attached a copy of my deed...and I have been reading this thread with great interest....so many different views from so many....really finding it a little confusing to understand but will continue to. Thanks in advance to all.

Interest Rates and Circumstances When Loan Made In Nine Regions (t/a Logbook Loans) v Sadeer [2008] Unreported, 14 November 2008, the court held that there was no unfair relationship. The high interest rate was not unfair as it was justified by the high risk to the creditor, being a last resort loan. In contrast, in Mrs Sharon Morrison & Mr Keith Robinson v Betterpace Ltd (t/a Log Book Loans) [2009] Unreported, 1 September 2009, the court held that there was an unfair relationship. The borrower was not informed that the interest rate on the second loan would be significantly higher than the interest rate on the first loan. Additionally, the failure by the lender to update its records meant that the borrower was charged for multiple default letters each month.

Hi wp3 I read this article: Although the FSA has allowed the banks to put a hold on all claims for unfair bank charges - You are still entitled to reclaim unfair credit card charges. The consumer law states that any charges that credit card providers pass onto their customers must be proportional to the actual costs they incur. It simply is unfair to charge £35 just to send an automated letter when someone’s gone 1p over their limit? The Office of Fair Trading have been supporting reclainers cases, however they have stated that they would not investigate any charges of less than £12. So any charges you recieve above £12 are deemed ‘unfair’ and can be reclaimed. The above relates to bank charges.....and I believe that if the OFT deem anything above £12 unfair then I would think that Blemain also would be deemed being unfair charging £35 a letter.

Excellent advice WP3......and the best of luck with this.

Thanks tifo for your input & rdm2006 for your useful info. I have a friend who recently contacted a company....not sure what they were called but they helped her with her charges and claim against Paratus/Gmac...and I have not seen her for a while so cannot get any details at the mo. I will need to find out if I am eligible to reclaim these charges as I don't want to start any court process unless I am 100% sure what I am getting in to...if you know what I mean.

whoopss....sorry you have attached it...thanks very much... Another thing was that I am not entirely sure how much in total I want to reclaim...apart from going through all the charges in my SAR.....but I am certain that there are more too...as the charges I have last go back to a couple of months. Not sure if it is worth writing to ask my lender for this info or just add up the best with what I do have?

Thanks for that rdm2006....my word that is quite a harsh letter as it involves me saying that if they do not do as I want I will start county court procedure. I am worried that as I have only recently come to an arrangement with my mortgage lender that firing off a letter like that will make matters worse for me? do you think? The letter is very good and exactly what I was looking for and sorry I cannot see the spread sheet you said that is attached?

I have reading a lot of threads on this forum about how people can reclaim mortgage arrears penalties. I am currently in an arrangement with Paratus AMC previously known as GMAC. My arrears are approx £1,000 and they agreed to let me pay £80 a month. Problem is I SAR'd them and saw that they had been adding so many charges of £39 a month for being in arrears each month and I was wandering if it was possible I can reclaim this money? because if so then that would knock a hell of a lot off the £1,000 I owe. Mind you I have not added up exactly how many x's £39 worth of charges they have added and was hoping or would like to know if I should write to Paratus separately and ask them for a full breakdown and ask them how many charges of £39 have been added to my account. Thank you to all in advance...and any help will be gratefully appreciated.