DS£ Accounting Ltd - Surcharge for Submitting Paperwork Late

[Mrgreengenes]

I was, until the Tax year ending March 2015, part time self employed.

I sent my paperwork to DS£ Accounting Ltd (DS£ Acc) every year so they could compile my Tax Return for me.

They did this very well and I was always able to claim a Tax Rebate from HMRC.

 

Every year, many of their customers sent their paperwork in December or January.

This made it difficult for DS£ Acc to process these accounts in time for the HMRC deadline of 31st Jan.

 

Therefore, DS£ Acc introduced a surcharge of £50 if the paperwork was not received by them before 31st Oct.

This encouraged their customers to submit their paperwork early to avoid the last minute rush.

 

I was charged £50 in Jan 2014 for submitting my paperwork late.

I have cleared the fees for their service except for the £50.

 

 

Now they have asked for the surcharge of £50.

I have refused to pay it.

Now they have passed the case to P & J Debt Collection Services who have contacted me asking for the money.

 

Can I use the same legal argument that many of us used to reclaim Bank charges?

I feel that the sum of £50 is excessive as it would not cost DS£ ACC this amount to process my paperwork late.

 

 

Any advice including links to the relevant legal clauses which I should use to defend myself

should this case go to court as P & J DCS have threatened.

 

As you can see from my footnote I have successfully reclaimed a large amount from Barclays which was settled out of court.

 

I hope that I have used the correct Section for this query if not please advise which Section I should have posted in.

[dx100uk]

you are safe to ignore the no powers DCA

they ARE NOT BAILIFFS

 

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=P+%26+J+debt+collection&sa=Search+CAG#gsc.tab=0&gsc.q=P%20%26%20J%20debt%20collection&gsc.page=1

 

 

dx

[renegadeimp]

Did they amend your contract or agreement with them to include this charge? Did you agree to it? Have they stated how this charge is appropriated to the work that is needed to complete the tax return?

 

They cant simply charge a random figure plucked out of the air, and then say its to stop people submitting their returns late. That would turn it into a penalty charge which is unenforceable.

 

However, you can reclaim it, but chances are they will refuse to do any future business with you.

 

Also, as dx says, ignore the dca completely. They cannot touch you. Theyre merely a talking shop that have absolutely no rights whatsoever.

[Mrgreengenes]

Did they amend your contract or agreement with them to include this charge?

 

Did you agree to it?

 

Have they stated how this charge is appropriated to the work that is needed to complete the tax return?

 

They cant simply charge a random figure plucked out of the air, and then say its to stop people submitting their returns late. That would turn it into a penalty charge which is unenforceable.

 

However, you can reclaim it, but chances are they will refuse to do any future business with you.

 

Also, as dx says, ignore the dca completely. They cannot touch you. Theyre merely a talking shop that have absolutely no rights whatsoever.

 

I don't have a contract with them or any formal agreement. I just sent an excel spreadsheet with all my income expenditure on it and my Bank statements.

 

No, I didn't agree to it.

 

No they haven't stated how this charge is appropriated to the work that is needed to complete the tax return.

 

I may write to the boss of the company explaining that the charge is unenforceable. In any case, I doubt very much whether they will take legal action as my last claim cost me £30 to submit. Also, the case will normally be heard in my local area which will mean their solicitor will probably have to travel which will involve a Hotel stay, meals etc. All for £50 I don't think it would be worth it.

Edited May 16, 2016 by Mrgreengenes
grammar correction

[CraigMcK]

While they may not chase it. You certainly won't get them to do any more work for you. Do you will need to find a new company to do it for you next year.

 

I don't personally see it as a penalty, it is simply a charge for doing work that has a specific deadline. In essence it's very similar to hotels or airlines. Get it sorted sooner and it costs you less.

[steampowered]

It seems reasonable to me that an accountant would charge a higher price for people who submit their paperwork in January, and a lower price for people who submit their paperwork in October. It is understandable that they want to spread work throughout the year rather than having a mad rush before the tax year.

 

If you were told about the surcharge, I don't think you could challenge this. The surcharge is not really a 'penalty'. It is just the cost of their service.

 

If you were told about the basic cost of the service but not the surcharge, then you might be able to challenge this. You could say that the agreed contract price was only the basic cost as this was the only thing you were told about.

 

If you were not told anything about the cost of the service, then you will be deemed to have agreed to pay a 'reasonable' charge for the service which will probably be deemed to be at their standard rates. This would include the surcharge.