Interpretation

For the purposes of these Terms of Business:

1. references to “we”, “us” and “our” refer to UK Tax Reclaim Ltd (UKTR)
2. references to“you” and “your” refers to the person or persons to whom our Terms and Conditions are addressed;
3. “payment” refers to the amount refunded by HMRC inclusive of monies paid to reduce any outstanding unpaid taxes, and includes any interest;
4. “services” refers to the services provided by Tax Claims Solutions in accordance with these terms and conditions; services or matters we specify in these Terms relate solely to the submission of a Claim Form to HMRC.
5. “Terms” refers to the terms and conditions. Once the terms are signed it will bound you into these for UKTR to act as your representative in dealing with your claim for a tax rebate on the interest paid by you to HMRC on your successful financial mis-selling claim.

Conduct

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. 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.
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.
4. 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:
1. complete an Application;
2. or approve a Tax Return.
5. What is considered a Confirmation: The actions set out in Paragraph 2.5 are in each case known as your Confirmation.
6. 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.
7. 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.

Scope and basis of our work

1. In very brief terms, the following are the typical steps UKTR would undertake in the course of providing tax rebate services:
1. obtaining initial instructions from you as to all relevant circumstances giving rise to the tax payment;
2. assessing the information provided and advise you as to the possibility of claiming a tax rebate;
3. preparing the necessary documentation for a tax refund to be submitted to HMRC;
4. engaging the respondent to the point of settlement with HMRC and confirmation of tax rebate.
5. Process the refund to the client by electronic bank transfer within a timely manner. A cheque payment may be requested with an administration fee of £5 levied.

Your Obligations

1. UKTR considers that client cooperation is paramount in the rebate process as it enhances the prospects of success. That so, the commitment Tax Claims Solutions expects from you is as follows:
1. you provide information and instructions when requested and promptly;
2. you complete and sign all relevant paperwork;
3. you co-operating fully with UKTR at all times in the course of the claim process; and
4. you do not mislead UKTR in any way.
2. Client identification – as with other professional services firms. We are required to identify our clients for the purposes of the UK anti-money laundering legislation. We may request from you and retain such information and documentation as we require for these purposes.
3. You must inform us of any arrears, debts or default payments owed to the Claims Management Company referrer in relation to Claims Service resulting in the tax claim. Any contractually agreed debts not declared to UKTR prior to submission of the claim will result in the tax refund being used to offset the debt with the residual amount remaining being released to the client.
4. Any funds not claimed by the client, within nine months of receipt from HMRC, will be disposed of to the Company's chosen good cause or registered charity. Full details of donations will be published annually on the UKTR website.

Communication

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, email or text.

What happens if your claim is rejected?

1. 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.

Client Service

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 us.
2. We undertake to look into any matter carefully and promptly and to do all we can to resolve the position to your satisfaction.

Data Protection Act 2018 AND GDPR

1. During the period of our engagement, we shall request information about your personal and financial situation from you.
2. The information that we obtain about your personal and financial situation may constitute “personal data” or “sensitive personal data” under the Data Protection Act 2018 (“the 2018 Act”). By signing these Terms and Conditions, you expressly consent that we may:
1. carry out such processing (whether obtaining, recording or holding) or such data as is necessary to enable us to carry out your instructions;
2. Disclose such data to any advisers or other third parties as is necessary to enable us to provide our advice to you;
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)
4. If requested by you in writing, we shall provide you with details of the third parties (referred to in paragraph 8.2(b) above) to which we have disclosed information about your personal and financial situation.

Confidentiality

1. Subject to paragraph 8.2 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.

Fees

You instruct us to bank any repayment in our client account, deduct our charges and pay the balance to you either by cheque or BACS. Once a client enters into a contract with UKTR pursuant to the Terms & Conditions, UKTR will be entitled to charge an administration fee of twenty pounds plus value added tax at the current rate, if applicable, per tax year claim with a success fee of 40% plus value added tax at the current rate, if applicable, on the gross amount of rebate received on your behalf for each and every PPI claim, with a minimum fee charged of £35.00 per PPI claim. The following is an illustration of the amount of UKTR’s success fee in the event that the compensation or redress recovered from the respondent amounts to:

Important Note: If the redress recovered by UKTR is used applied by the respondent towards arrears owed, the client remains liable to pay out of his/her own funds the fee chargeable by UKTR. If redress recovered is less than the minimum fee charged per PPI claim processed, £35.00, the fee charged amounts to the redress recovered.

Our Responsibilities

UKTR will:-

1. perform the Services with reasonable care and skill.
2. use reasonable resources to perform the Services in a timely manner.
3. only claim for overpaid tax in the UK, and we assume no responsibility for any of your tax obligations in other jurisdictions.
4. 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.

Third Party Rights

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.

The Right to Cancel

1. You can cancel your agreement with UKTR at any time within 14 days of the date your signature was obtained by UKTR without giving any reason and without incurring any liability unless you or UKTR receives any correspondence regarding the rebate amount or receives a tax rebate from HMRC within this period; in which case UKTR’s fee will be due.
2. You can communicate the cancellation of the UKTR agreement by any means of communication to UKTR.

The Right to Terminate

1. You can terminate your agreement with UKTR at any time after the 14 days cancellation period (as explained above). In the event of cancellation after 14 days, you will be charged a £35 admin fee for work carried out with regards to the tax rebate. If this occurs, UKTR’s fee will be due in full if you ultimately receive an offer of rebate or receive a rebate from HMRC.

Applicable Law

1. These terms and conditions shall be governed by, and construed in accordance with, English and Welsh Law.
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.

Consumer Protection (Distance Selling) Regulations 2000

1. If you are a consumer (i.e. a person not instructing us for the purpose of your business) and if your instructions have not been given to us at a face to face meeting, the above Regulations apply and we ask that you sign the Letter of Authority confirming that you accept and understand these Terms and Conditions and return it to us as quickly as possible. On receipt of this we will regard ourselves as acting on your behalf.
2. 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.