Companies House

[animal44]

I've been trying to file accounts for a dormant company and Companies House claim they haven't received the documents three times now. Anyone else having this sort of problem?

Of course it means default fines... :-(

I'm taking the issue to my MP so if anyone else has similar experiences it would be useful...

[Eric Mc]

How did you file - by post or electronically?

If by post, did you have an accompanying letter?
Did you ask for a certificate of postage?

[animal44]

By 1st class post.

First was a letter, asking if they really required zero accounts.
second was form DCA, sent after a telephone call.
Third was a letter plus form DCA plus zero accounts.

[Eric Mc]

Do you have any proof of postage?

[animal44]

Unfortunately no.

[Eric Mc]

I think you may have to stump up the £100 fine then.

[ginettag27]

I know it's after the horse has bolted, but I'd also sign up electtronically for this - can be done in minutes and is cheaper.

[jacobyte]

Companies House have had loads of problems with their online system.

Both last year and this year they fooked up and sent us fines for late filing, which they subsequently retracted due to realising we had actually submitted them on time. Even then, it took two more weeks for them to be marked on the public-facing system as filed.

I will be ready for the same to happen next year, which isn't a problem as long as it gets solved without too much pain.

[Eric Mc]

If you have a dormant company, you have two options - file a formal set of dormant company accounts (these can only be filed on paper as they must be signed to be legal) or file a Form DCA (this can be filed on paper OR electronically).

[animal44]

That is what I originally wrote to ask. My letter apparently was not received.

I then telephoned and was told I should send form DCA, which I did.

Several months later I got a notice that they were going to prosecute. I emailed them and got a convoluted response which I'm still having dificulty understanding. Even asking for clarification didn't help. As a result I sent off both form DCA and a set of zero accounts.

I then emailed about a month later and they claimed they hadn't received them.

I attempted to sign up for the electronic delivery but it claimed I already had it. I cannot find any record of having received anything from them other than notices to file.

I am taking another issue to my MP, so I will be adding this to the complaints.

[Eric Mc]

Without proof of submission or postage you may have lost the battle before you even started.

Cancellation of the late filing penalty only occurs in exceptional circumstances. Set out below is the eaxct wording as set out on Companies House Web Site:

Can I appeal?
You may appeal against a penalty but it will only be successful if you can show that the circumstances are exceptional.

What is exceptional?
The Registrar has very limited discretion not to collect a penalty. It may be applied when an unforeseen catastrophe strikes a company at a critical time; for instance, a personal tragedy affecting a sole director immediately before a filing deadline or a fire destroying records a few days before time runs out. The Registrar may also apply discretion if a mistake by Companies House has contributed to the late filing.

The limited nature of the Registrar's discretion underwent a Judicial Review in 2002. To see a full copy of the ruling please click on the attached link, The Queen upon the application of (1) POW Trust and (2) Al's Bar and Restaurant v (1) The Chief Executive and Registrar of Companies and (2) The Secretary of State for Trade and Industry (December 2002).

What is not exceptional?
These are some of the reasons that would not be regarded as justifying non-collection of a penalty.

My accounts were delayed or lost in the post
My company is dormant
My company or its officers have financial difficulties (including bankruptcy)
I cannot afford to pay
You did receive them on time but they were rejected
Another director is responsible for preparing the accounts
My accountant was ill
I relied on my accountant
These are my first accounts
I am not familiar with the filing requirements
This is a flat management company
I was abroad on business or on holiday
I am a sole director
I did not receive a reminder notice

Do I still want to appeal?
If, after reading the above, you still wish to appeal, then you must do so in writing and address your letter to the Case Manager shown on the front page of the penalty notice. A reply will normally be sent within 10 working days and recovery action will be suspended while your appeal is being considered.

Trying to prove that Companies House made a mistake is all but impossible.

Edited by Eric Mc on Thursday 2nd October 17:04

[Broccers]

I quite easily got out of a fine a few years ago by sending them a link to this story and saying you prove you haven't lost my accounts.

http://www.ccrmagazine.co.uk/index.cfm?fa=contentN...

The online system is loads better.

Inland revenue have lost ours again this year .......

[animal44]

Thanks Guys.

Broccers said:

I quite easily got out of a fine a few years ago by sending them a link to this story and saying you prove you haven't lost my accounts.

http://www.ccrmagazine.co.uk/index.cfm?fa=contentN...

The online system is loads better.

Inland revenue have lost ours again this year .......

That will make useful info for my MP - thanks for that link...