Forums / Getting Technical / Legal & Accounting / Trust and tax documents frozen

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  • Profile photo of KuradjiKuradji
    Member
    @kuradji
    Join Date: 2009
    Post Count: 34

    I am hoping someone can help me with how to resolve this problem?
    In November I had a session with an accountant/financial advisor to establish a SMSF. They insisted on upfront payment for the meeting, the Trusts and the SMSF and other charges.
    They then totally stuffed it by getting my name wrong. There was a stalemate while they insisted I had to pay to have the documents corrected to the correct name. Eventually they agreed the error was within their admin system… I waited and waited months while they got the problem fixed/.
    It is now March.. They simply WILL NOT send me the new Trust Deeds.

    Also, in November I requested that my accountant of 10+years send my records to these people as I intended to engage them as they made great claims about what they could do with improving my tax situation. Following the stuff up with setting up the SMSF plus a number of other sloppy lack-of-attention to detail mistakes by the admin people I decided that I would not have this firm as my tax accountant.. I have requested that my records be sent to my another nominated accountant – and my new would-be accountant has also requested the records.
    They will not budge.
    The person who runs this operation is rarely in the country, has never returned my emails and has her admin people intercept the phone…..
    Is there a professional body I can make a complaint to?
    How do I get my paid-for SMSF Trust Deeds and my tax records from these people.????

    PS: I paid an absolute premium fee for their services. I do not owe them money, and they do not claim that I owe them money – so that is not the problem

    Profile photo of BankerBanker
    Participant
    @banker
    Join Date: 2010
    Post Count: 371

    What state are you in?

    I don’t usually give companies like this too much time – lodge a claim to someone like Vcat (vic) or contact an industry body to find out what dispute resolution options you have – If you bring in a third party into it e.g. Ombudsman or similar; they might pay more attention.

    Profile photo of KuradjiKuradji
    Member
    @kuradji
    Join Date: 2009
    Post Count: 34

    Hi, I am based in NSW,
    But they are in Qld.
    They came so highly recommended, and I had so little luck finding anyone in NSW**** who knew anything about SMSF buying property – and establishing Trusts and Tax effectiveness that I actually flew up for the day in November to see this woman and her “team”.
    By god I would seriously love to name her and her incompetent bunch of loosers, but I dont want to fight a defamation case.
    I want:
    My paid-for Trust Deeds
    I want my tax records and
    I want to move on.
    I have the ambition to buy one or more properties thru my SMSF and I just want to get on with it.

    Who can I complain to in Qld to give these people a serious boot up the bum?

    ***Since November of course I have now found a whole bunch of people in NSW who claim to be able to do my SMSF and Trusts and Tax.

    I had actually gone to Chan and Naylor before I got “lucky” and found this Qld mob. After a 2.5hr session the C&N people basically said they could do nothing for me, so that is why I went looking further afield.

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,010

    Oh i think we can all figure out who it is if it is in Qld.

    Richard Taylor | Mortgage Broker helping investors build their wealth thru property
    http://www.mortgagecapitalaustralia.com.au
    Email Me | Phone Me

    0-40 Properties in a decade with a unencumbered portfolio value in excess of $40M. Ask me for a copy of my API Interview.

    Profile photo of ducksterduckster
    Participant
    @duckster
    Join Date: 2004
    Post Count: 1,674
    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,173

    I think you need to complain to the department of fair trading firstly. Then look to see if they are a member of any industry bodies – they may have something listed on their websites.

    I would love to know who it is – can't figure it out. Would you mind to PM me?

    Terryw | Structuring Lawyers / Loan Structuring Pty Ltd
    http://propertytaxbook.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of businessglobalbusinessglobal
    Participant
    @businessglobal
    Join Date: 2005
    Post Count: 118

    Ring Office of Fair Trading and also the Accountants Association, and I would also go and lodge a complaint and case with the police for theft of docs as you have paid for them, and they should be released back to you.

    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,847

    They will most likely be members of the Australian Institute of Chartered Accountants or the Certified Practising Accountants (not sure if the Aust Society of Accountants still exists, it merged with the CPA I think), the only other one would be the National Institute of Accountants.

    Profile photo of KuradjiKuradji
    Member
    @kuradji
    Join Date: 2009
    Post Count: 34

    To the sound of raucous laughter – guess what has
    miraculously
    mysteriously
    materialised in my mailbox?????????????
    You’ll never guess,

    or you might….

    a whole brick-pit of Trust Deeds and documents.

    No cover note,
    No explanation.

    No apology (LOL!!!)

    anyway,
    thanks to all,

    Lesson-Learned_Move_On Time.

    Profile photo of keikokeiko
    Participant
    @keiko
    Join Date: 2008
    Post Count: 513

    I would love to know who it was?

    Profile photo of WilmacaccWilmacacc
    Member
    @wilmacacc
    Join Date: 2004
    Post Count: 11

    You can lodge a complaint with their professional body (ICAA, CP,  NIA). You should be able to find the contact details on the website of the relevant body.

    There is also now a new national Tax Practitioners Board, which manages the registration of tax agents. Tax agents are now bound by a new code of conduct. They have a form on their website to make a complaint http://www.tpb.gov.au

    Also, if you have copies of the incorrect deeds, they will most probably have details on the front cover of who prepared them, as most accountants outsource the preparation of deeds. You could then contact the supplier of the deeds directly, tell them what has happened and request they send you a copy directly.

    If your still looking for an accountant, i can recommend some in either Sydney or Newcastle. Let me know if you want a recommendation.

    David

    Profile photo of diceman99diceman99
    Participant
    @diceman99
    Join Date: 2005
    Post Count: 9
    Wilmacacc wrote:
    You can lodge a complaint with their professional body (ICAA, CP,  NIA). You should be able to find the contact details on the website of the relevant body.

    There is also now a new national Tax Practitioners Board, which manages the registration of tax agents. Tax agents are now bound by a new code of conduct. They have a form on their website to make a complaint http://www.tpb.gov.au

    Also, if you have copies of the incorrect deeds, they will most probably have details on the front cover of who prepared them, as most accountants outsource the preparation of deeds. You could then contact the supplier of the deeds directly, tell them what has happened and request they send you a copy directly.

    If your still looking for an accountant, i can recommend some in either Sydney or Newcastle. Let me know if you want a recommendation.

    David

    Hello could you email me the recommended accountant that you know in Newcastle.  I am starting out, and need to engage the services of a good property accountant.

    thx

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