For the purposes of these Terms of Business:
1.1-references to “we”, “us” and “our” refer to Reclaim My PPI Tax.
1.2-references to “you” and “your” refers to the person or persons to whom our Terms and Conditions is addressed;
1.3-“payment” refers to the amount refunded by HMRC inclusive of monies paid to reduce any outstanding unpaid taxes, and includes any interest;
1.4-“services” refers to the services provided by Reclaim My PPI Tax in accordance with these terms and conditions; services or matters we specify in these Terms that we will undertake (including, without limitation, the submission of a Tax Agent Authority, Tax Return, or Claim Form to HMRC, and tax agent services including but not limited to the annual tax review)
1.5-“Terms” refers to the terms and conditions. Once the terms are signed it will bound you into these for Reclaim My PPI Tax to act as your representative in all dealings in respect of all your claim(s) against HMRC for your student loan.
2.1 We shall carry out your instructions in accordance with our obligations under the requisite regulations. We shall act in your best interests in pursuing any claim for A Tax Refund and obtaining the best result reasonably obtainable.
2.2 Where we have given specific advice to you, unless you specifically request us to do so in writing, we shall not have any responsibility i) for the continuing validity of that advice; ii) to advise you about your financial position when changes are made, or otherwise to consider your financial position at any time in the future.
2.3 You understand that if you give inaccurate information there is a risk you could end up owing HMRC unpaid taxes. It is important all information provided is accurate.
2.4 You agree to provide your bank details and complaint anti-money laundering documents before you receive any payment.
2.5 When a Contract is created: A Contract will be created each time you accept our Terms and press the “Submit” button on the Website to:
i. complete an Application;
ii. or approve a Tax Return for student loan tax.
2.6 What is considered a Confirmation: The actions set out in Paragraph
2.5 are in each case known as your Confirmation.
2.7 What a Confirmation is not: The Confirmation of a Contract does not constitute an agreement by us to submit a Claim to HMRC except in accordance with these Terms.
2.8 A binding agreement: Upon the Confirmation of a Contract, both you and we will be bound by these Terms and we will commence the relevant processes outlined.
3.Scope and basis of our work
3.1. The services that Reclaim My PPI Tax will offer include:
3.1.1 Advice on your complaint against HMRC in respect of:
188.8.131.52. Overpayment of Taxes;
3.2 We will rely on the information and documents that you provide us with as being true, correct and complete. You should inform us immediately of any changes that may affect the service and advice we provide you.
3.3 We will agree with you in writing, periodically and when necessary, the scope of our services. We will be willing to add to or change the scope of our services at anytime, but such additions or changes must be first agreed in writing with us.
3.4 During the course of the provision of our services, we shall from time to time require your instructions. You must give us clear instructions which allow us to provide the services properly. You must not ask us to work in any improper or unreasonable way; you must not deliberately mislead us and you must co-operate with us when asked.
4.1. Unless otherwise instructed we shall communicate with you at your home address, normally by letter sent by normal postal services. Where appropriate you may be contacted by telephone or fax.
5.What happens if your claim is rejected?
5.1. If we are not successful in achieving an offer to refund your charges following your claim you are not required to pay a fee to us.
6.1 Our objective is to provide you with a high quality service to meet your needs. However, if at any time you wish to make a complaint about any aspect of the advice or service you have received please contact firstname.lastname@example.org.
6.2 We undertake to look in to any matter carefully and promptly and to do all we can to resolve the position to your satisfaction.
7.Data Protection Act 2018 AND GDPR
7.1 During the period of our engagement we shall request information about your personal and financial situation from you.
7.2 The information that we obtain about your personal and financial situation may constitute“personaldata”or“sensitivepersonaldata”undertheDataProtectionAct2018 (“the2018 Act”).By signing these Terms and Conditions, you expressly consent that we may: 7.2.1.carryoutsuch processing (whether obtaining, recording or holding) or such data as is necessary to enable us to carry out your instructions;
7.2.2 Disclose such data to any advisers or other third parties as is necessary to enable us to provide our advice to you;
7.2.3 Hold such data in our files for as long as necessary for the purposes of providing services; and in accordance with our internal retention policies (which currently require the files are retained for a minimum of 6 years)
7.3. If requested by you in writing, we shall provide you with details of the third parties (referred to in paragraph 7.2.2 above) to which we have disclosed information about your personal and financial situation.
8.1 Subject to paragraph 7.2 above, we shall not, without your prior written consent, disclose any confidential information concerning your personal or financial situation to third parties whom we may consult in relation to our work (save to the extent that the information is in the public domain), unless otherwise required by law, a court of competent jurisdiction, HM Inland Revenue or any other government or regulatory authority.
9.1 Reclaim My PPI Tax will perform the services with reason able skill and care and acknowledges that it will be liable to you (up to the level of any fees received by Reclaim My PPI Tax in respect of providing the consultancy service to you) for direct losses, damages, costs or expenses (“losses”) caused by its negligence or wilful default, subject to the following limitations:
9.1.1 Reclaim My PPI Tax will not in any circumstances be liable to you for loss of profits, revenue or other types of economic loss; loss of business or contracts; loss of anticipated savings or goodwill; losses arising from loss of data; any losses which arise other than directly and naturally from a breach of contract, or other losses, which a court holds to be consequential, special or indirect; any losses suffered by you arising from any claim against you by a third party for any of the aforementioned types of loss;
9.1.2 Reclaim My PPI Tax will not be so liable if such losses are due to the provision of false, misleading or incomplete information or documentation or due to any acts or omissions of any person other than Reclaim My PPI Tax; and
9.1.3 Reclaim My PPI Tax shall have no other liability of any nature, whether in contract, tortor otherwise for any losses what so ever and how so ever caused arising from or in any way connected with the provision of the service.
9.2. Nothing in these Terms and Conditions shall exclude or restrict any liability arising from fraud or dishonesty or other liabilities which cannot lawfully be limited or excluded.
10.1 Our fees: If you are due a Refund, we will charge you a fee that is the greater of:
(a) 40% (plus VAT) (which is 48% at the current rate of VAT) of your Refund; or
(b) £35 (plus VAT), which is £42 at the current rate of VAT.
10.2 No win, no fee: If you are not due a Refund, we will not charge a fee for the Services.
10.3 Refunds below our minimum fee: If the value of your Refund is less than £42 we will limit our Fees to the value of your Refund.
10.4 Multiple refunds: If we receive on your behalf more than one Refund in a 12-month period (from 6th April to 5th April), we will calculate our Fees based on the cumulative value of your Refunds received in that time.
10.5 HMRC sends the Refund to us: If HMRC sends a Refund directly to us we will deduct our Fees and send you the balance of your Refund.
10.6 HMRC sends the Refund to you or a third party: If HMRC sends a refund directly to you or a third party, we will send you an invoice for our Fees as per 10.1(a).
10.7 Fees for submission before cancellation/termination: Fees will still apply to any Claims submitted to HMRC before the cancellation or termination of a Contract.
10.8 Unrelated payment administration fee: If HMRC sends us a payment unrelated to a Claim, we will send you a cheque for that payment less an administration fee of up to £60 (including VAT) to cover our costs in processing your payment.
10.9 Replacement payment fee: If you request a replacement payment, we will cancel the original cheque (if issued) and reissue the payment to you. This may be subject to an administration fee of up to £36 (including VAT) to cover our costs including bank charges.
10.10 Recovery of unpaid Fees: We may take steps, including but not limited to legal action and passing your details to a debt recovery service, to recover any unpaid Fees. This may include deducting any outstanding Fees from future Refunds received from HMRC on your behalf. If we seek legal action and pass the unpaid fees onto debt recovery service to assist us then you will be liable to further charges by the company for their service.
10.11 Verification and identity checks: We perform security checks, including verifying your identity and/or the identity of any nominated recipients, before making a payment.
10.12 Issues with your Refund or cheque: You have 6 months from the date we issue a cheque to notify us in writing of any issues relating to your Refund or request a replacement cheque. If you fail to contact us within that time, we may be unable to review your issue or reissue a cheque.
10.13 Uncashed cheques or BAC’s Details not provided: We reserve the right to cancel any cheque that is uncashed 6 months from the date of issue and retain the entire Refund amount. We also reserve the right to retain the entire refund if you do not respond with the BAC’s details for the refund with-in the 6 month time period, as you will be prompted to do so a reasonable number of times.
10.14 Incorrect BAC’s Details: It is your responsibility to ensure that you complete and provide the correct BAC’s details. Incorrect details could lead to your refund being sent to another account and we will not be responsible for your loss in this matter. We will do reasonable checks to ensure that the details provided match as per the security checks completed on our banks software.
10.15 Interest: We shall have the right to charge, and you shall pay interest on any amount overdue to us at a rate of 4% per annum above Barclays Bank Plc’s then current base rate. The interest will accrue daily from the payment due date until the date of actual payment of the overdue amount. You must pay us interest together with any overdue amount. However, if you dispute any portion of our Fees in good faith and contact us promptly to let us know that you dispute it, interest will not apply on that amount for the period of the dispute.
11.1 Standards: We will perform the Services with reasonable care and skill.
11.2 Timescales: We will use reasonable resources to perform the Services in a timely manner.
11.3 Who we can claim for: We only claim overpaid tax in the UK, and we assume no responsibility for any of your tax obligations in other jurisdictions.
11.4 Anti-money laundering checks: We may undertake financial crime checks relating to you or your Claim. If you or your Claim fail any such check, we may seek more information from you. We may be unable to perform the Services until you successfully pass these checks.
11.5 Original documents: We take no responsibility to return documents that you submit in support of a Claim. Please refer to our Data Retention Policy for more information on how we will process your documents.
11.6 Late or inaccurate filings: We are not liable for any penalties that HMRC may issue for late or inaccurate filings except to the extent that we have negligently caused the delay or inaccuracy.
11.7 HMRC fines or penalties: We take no responsibility for informing you of any fines or penalties set by HMRC where we reasonably believe that HMRC has also contacted you directly.
11.8 HMRC action: We are not responsible for any tax assessment or debt that HMRC may pursue
12.Third Party Rights
12.1 A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this agreement.
13.Commencement, variation and termination
13.1 Your continued instructions in connection with your claim will amount to an acceptance of these Terms and Conditions.
13.2 These Terms and Conditions may be varied or superseded at any time, in writing, by us.
13.3. These Terms and Conditions may be terminated by either party, with immediate effect, by giving notice in writing.
13.4 If you seek to terminate this agreement after the initial cancellation period set and before Reclaim My PPI Tax has received either an offer of a payment or a rejection letter from a product provider, you agree to pay to Reclaim My PPI Tax the Flat Fee referred to above.
13.5 If you seek to terminate this agreement after Reclaim My PPI Tax has received an offer of a payment from a product provider, you agree to pay to Reclaim My PPI Tax within28daysof request the fees set out in the fees section above.
13.7 You have the right to cancel your instructions to us, without any cost to you, within fourteen working days of our receiving these written instructions. You would cancel the agreement by either delivering written notice that you are cancelling your instructions to our office, or alternatively by sending it to Reclaim My PPI Tax by post, fax or e-mail.
13.8 You may not, however, cancel the agreement without incurring any cost once we have, with your permission, started the work on your behalf within these first fourteen days. By signing the Terms, you are agreeing that, to avoid delay in the transaction, we may start work on your behalf straight away and we do not have to wait for the cancellation period to expire.
13.9 You may be requested to supply information or complete paperwork for the advisor. If we do not receive the requested documents within28 days of the initial request we will assume you are terminating our services, without written notification and will pursue the fees detailed in fee clause.
14.1 If any provision (whether in whole or in part) of these Terms and Conditions is held to be illegal, invalid or unenforceable under any enactment or rule of law, such provision or part shall be deemed not to form part of these Terms and Conditions, and the legality and enforcement of the remainder of these Terms and Conditions shall not be affected.
15.1 These Terms and Conditions set out the entire agreement between you and Reclaim My PPI Tax. Neither party may rely on any agreement understanding or arrangement, which is not expressly set out in the Terms of Business. The Terms and Conditions shall not be amended.
16.1 These terms and conditions shall be governed by, and construed in accordance with, English and Welsh Law.
16.2 The Courts of England and Wales shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Terms and Conditions and any matter arising from them. Each party irrevocably waives any right it may have to object to an action being brought in those Courts, to claim that the action has been brought in an inconvenient forum, or to claim that those Courts do not have jurisdiction.
17.Consumer Protection (Distance Selling) Regulations 2000
17.1 We shall carry out your instructions as efficiently as possible, but the nature of the instructions means that we are unlikely to be able to perform the contract within the maximum period of 30 days as laid down by the Regulations. By signing the Terms you are therefore agreeing that we need not perform the contract within a maximum of 30 days.