Please Help; IFA mistake results in huge tax bill pending

Please Help; IFA mistake results in huge tax bill pending

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ThreesixtyM

Original Poster:

258 posts

198 months

Tuesday 29th June 2010
quotequote all
Hi All, I have a major problem, and would appreciate some input.
A substantial withdrawal from an off-shore policy was done on the basis of a single withdrawal, rather than a segment surrender. The result is a tax bill of over £70,000 as opposed to £2,400. The authority to do the single withdrawal was given to the off-shore company by an admin clerk at my IFA without reference to the principle, let alone myself (he has now left to become a holiday rep..). The company took his fax telling them to proceed as sufficient authority, no-one else at the IFA was aware he had done this. Any advice would be appreciated. (All the money placed off-shore had already had UK tax paid upon it, for anyone who may regard this as a tax dodge that went wrong. It was done for higher interest rates but fortunately it didn't go to Iceland!). Thanks in advance.

Eric Mc

122,144 posts

266 months

Tuesday 29th June 2010
quotequote all
Sounds serious. I reckon the transaction is a fait accompli and cannot be reversed - therefore the tax will be payable.

The course of action I would take would be to sue the finance entity for carying out a transaction that wasn't authorised . Obviously, you will need to check out the terms and conditions of the agreement you had with the IFA to see if the transaction really was unauthorised (there might have been a clause in the small print allowing them to do things without express authority from you - as happens with managed funds, for instance). I think a good legal advisor is a must for this.

ThreesixtyM

Original Poster:

258 posts

198 months

Tuesday 29th June 2010
quotequote all
Thank you Eric Mc. I've a feeling you are right. Looks like I need to find a good solicitor.

Soovy

35,829 posts

272 months

Tuesday 29th June 2010
quotequote all


Wot Eric sed.


Sounds like the IFA company was nelgigent. Dig out your terms and conditions and READ THEM.

Look especially for a clause called "Limitation of Liability" to see how much is the maximum you can sue them for for negligence. I hope it isn't £1000 for your sake.

Then go and see a GOOD PROFESSIONAL NEGLIGENCE solicitor.