This is my first post after watching and reading for the last few weeks
Basically upto now all my work has come via my accountant.
However a potential new customer has just phoned me who already has a bookkeeper but is relocating from Cheshire to the South Lakes area. He has said that the old bookkeeper might be reluctant to hand over any information he has stored on his own computer. (Sage file)
Does any one know where my (potential) customer stands legally regarding getting the information from his old bookkeeper?
I believe that your potential clients current bookkeeper can only with hold the information, under a legal lien, if there is any outstanding payment due.
As the commissioner of the work, your potential client owns the data.
Not a legal expert but pretty sure, that's how it works
I agree with Bill, as long as your potential client has no outstanding fees owing to bookkeeper, then the bookkeeper has no legal right to keep hold onto any information, they should pass all files back to client.
Bookkeepers have to pass on all information to client unless there is any outstanding payment.
If the sage product is the clients then the bookkeeper must return it to client, if it is the bookkeepers all they must do is provide a data back up of clients information and it would be clients responsibility to purchase the correct sage product for the backup disk to be restored from back up disk. Outgoing bookkeepers are within there right to charge the client for the time it takes to create a back up disk and if client does not provide a disk or way of backing up sage they are within there right to invoice the client for the disk cost.
Something to keep on mind here is what the previous bookkeeper is legally obliged to provide to the client.
This may depend on what the actual service provided includes but not necessarily the Sage backup. The paper or electronic records of the client would have to be returned as stated previously... but if the bookkeeper provides reports, trial balances etc and not technically the ledgers in Sage (just a tool used in creating the output paid for) then it is possible there can be difficulty in obtaining this.
The bookkeeper in being difficult, may even just provide a printout of the data which would be sufficient unless it can be shown they were paid to maintain this electronically (in Sage) for the client. Or maybe you can get an export of the data but not an actual backup.
It could be a little like an accountant holding onto all workings for a client in Excel, since the client pays for the final accounts and tax workings but not necessarily ownership over everything used to that point.
Something to be aware of... though I would hope this won't be happening (though I have known it to). It's not always so clear that the client will always be entitled to the full backup of the computerised files..
-- Edited by AccountantsCircle on Saturday 15th of August 2009 06:07:28 AM
