DEFINITIONS
This Agreement forms a contract between You the 'Client(s)', 'Partner 1' and 'Partner 2' and Investor Compensation (IC). Investor Compensation’s address is Investor Compensation, Suite G3, Birkbeck, Water Street, Skipton, BD23 1PB. You should not sign this contract until you have read the agreement and services that IC provide, including any fees payable to them. Please note that you have a 14 day cooling off period to withdraw from the contract. 'Instruction' means your instruction to us to commence the services contained within these Terms, Your instruction is given once you provide your signature on our web form or via a wet signature on this form. Once you provide IC with your instruction you agree to and are bound by the IC Terms and Conditions.
1. SERVICE
1.1 These are the terms on which IC agrees to provide the Claims Service and the Client(s) to be bound by them and to acknowledge them once we have received your instructions to proceed with your claim(s).
1.2 IC will assist with your claim on a 'No Win No Fee' contingency basis.
1.3 You are aware that you could approach HMRC to recover any Claims / Rebate / Refund Service directly at no cost.
1.4 IC will not process your claim until IC receive your instruction.
1.5 The Questionnaire is to allow IC to provide HMRC with the information required for your claim(s).
1.6 You agree to answer all questions honestly and to your best ability and understand that IC are in no way responsible for any incorrect information you provide. You understand that you will take full responsibility for this.
1.7 Once your instructions have been received IC has the right to deal exclusively with the claim(s), unless otherwise agreed in writing by you and IC.
1.8 You understand that any successful claim(s) will be subject to fees as set out in Clause 2.
1.9 You will deal promptly with requests by IC for authority, information, documents or further requests that IC might make.
1.10 You will inform IC promptly of any relevant matters affecting the claim(s), such as direct contact from HMRC requiring our attention.
1.11 IC will use reasonable endeavours to obtain compensation for the claim(s) pursued.
1.12 IC will promptly notify you if IC decides not to pursue your claim(s) and cancel this Agreement under Clause 8.
1.13 IC will promptly notify you of the claim(s).
1.14 If the claim is unsuccessful, IC will endeavour to inform you.
1.15 You authorise IC to act on yours and your partner’s behalf to claim back a tax refund for you both.
1.16 You authorise IC to be able to contact HMRC on both your behalf to chase your claim and pursue HMRC to speedily get you back what you are legally entitled to.
1.17 You confirm that you are happy for 10% of your personal tax free allowance to be transferred from “Partner 1” to “Partner 2”. This means “Partner 2” will be paying less tax each year until you contact HMRC to tell them of any change of circumstance.
1.18 You confirm that you instruct us to backdate this allowance from the start of your marriage or civil partnership. This can only go so far back as 5th April 2018.
1.19 You confirm that you wish for IC to claim this back in a cash refund amount from HMRC on your behalf and we deduct our fee from the total refund for whatever reason it may arise.
1.20 You confirm that the IC fee is deducted from each individual payment/cheque received.
1.21 You confirm that you authorise IC to request any relevant documentation or information from yourselves or HMRC to enable us to secure your refund for you.
1.22 You agree that any delay, for whatever reason, in obtaining information from yourselves or HMRC can result in a delay in IC securing your refund.
1.23 You agree that any estimation of your total refund or average refund figures printed on our website, given by email or phone, using any online calculators or documentation sent out to you is not a guarantee of the amount you will receive and is an estimated figure.
1.24 Any timescales quoted for the completion and successful reclaiming of your refund are estimated timescales. IC always aim to secure and finalise each claim as fast as possible. However, delays can occur. These are normally due to HMRC taking longer to process claims due to processing backlogs.
1.25 It is the Client's responsibility to calculate if the transfer of the marriage tax allowance is beneficial for them prior to claiming with IC.
1.26 IC reserve the right to cancel your claim at any given time should you breach any of our terms and conditions or any other reason within our discretion.
2. IC FEES
2.1 No fees will be charged to you in respect of an unsuccessful claim. Where a claim is successful, IC will charge a contingency fee representing no more than the greater value of either 35% plus VAT or £30.00 plus VAT at the prevailing rate (currently 20%) in respect of any redress/compensation/goodwill/rebate payment recovered on your behalf. The contingency fee of 35% plus VAT or £30.00 plus VAT is calculated before any applicable tax payment/deduction of which you are liable. Under no circumstances will you be required to pay more to us than this amount. We enclose examples below.
Example. Tax Rebate is in excess of the minimum charge
• Refund Received
• Tax Refund: £1000.00
• Fee charged @ 35%: £350.00
• VAT @ 20%: £70.00
• Total Fee (Fee + VAT): £420.00
• Consumer Receives: £580.00
2.1 If you are paid by the HMRC directly as a result of your claim IC has made on your behalf, you will inform us immediately. If disclosure is not received within a reasonable timescale our fee is calculated upon the overall average amount a client received/disclosed within the financial year to which the claim is applicable. It will be determined that a refund has been paid directly to you if IC has been informed by HMRC that this is the case and/or IC has not received an outcome from HMRC within 9 months of submitting your claim to HMRC and you have not disclosed to us otherwise and our fee in accordance with clause 2.1 will be due.
2.2 Where fees remain unpaid and IC are forced to either take court action or appoint a debt collection agency to recover outstanding monies, IC reserve the right to increase the amount owed by an amount equivalent to the cost of that recovery. A court may also award additional cost and/or statutory interest at the rate of 8% above the Bank of England.
2.3 You understand that If you have a successful claim IC will run ID Verification checks (required by the HMRC) which means that there could be a soft search on your credit file. This will not affect your credit rating.
2.4 If you request us to re-issue a cheque that we have previously sent to you, we will charge you a Fee of £12. Where the value of the cheque is under £12 you will not be required to pay us any more than the amount of the refund. We will not charge you this fee if we have made a mistake that requires your cheque to be re-issued.
3. DISCLAIMER
3.1 IC is not responsible for the refund of tax or the rejection of a claim where:
3.2 The Client(s) has provided information which that is false, incorrect, inaccurate, insufficient or misleading in any way.
3.3 The Client(s) has already applied for and/or received a refund of tax prior to making a claim with us.
3.4 The Client(s)owes money to HMRC.
3.5 HMRC has information that is different to that provided by you.
3.6 If HMRC determine that a refund of tax has been made incorrectly and ask for it to be paid back. IC are under no obligation to refund our fee in this instance however where possible, we will do so.
3.7 You are aware that you can submit a claim directly to HMRC for free however by claiming with us, you are agreeing to use our services to recover any overpaid tax to you.
4. DEED OF ASSIGNMENT
You, Partner 1 and partner 2, authorise HMRC to send your refund directly to Investor Compensation (IC) for IC to deduct the agreed fee above and forward your refund to you.
5. REGULATORY BODIES
Investor Compensation is a trading name of Quickly Finance Limited who are authorised and regulated by the Financial Conduct Authority FRN836013. We are registered with the Data Protection Controller and will always endeavour to keep all of your personal information secure and safe. We are registered as an Agent with HMRC and registered with HMRC Anti-Money Laundering Supervision service registration number XZML00000158662.
6. CONCERNS ABOUT OUR SERVICE
IC operates an internal complaints procedure for the resolution of complaints regarding services provided by our claims management department. In the event that you have a complaint about the service which we provide, please write to: Complaints Department: Investor Compensation, Suite G3, Water Street, Skipton, BD23 1PB.
Alternatively you may register your complaint via email to
[email protected] We will acknowledge your complaint within 5 working days and advise you of how we plan to resolve your concerns at the earliest opportunity. A copy of our Internal Complaints Procedure can be found on our website www.ppiclaimback.co.uk and is available upon request.
7. AGREEMENT
This agreement will be effective from the date you give your instruction to IC to proceed with your claim. By giving your instruction you agree to be bound by these Terms and Conditions until such a point that the contract is terminated or your claim is brought to a final conclusion.
If you have any queries relating to these terms and conditions then please contact IC by emailing
[email protected]
8. TERMINATION
8.1 Once you have provided your instructions to IC and the claims process has begun you may terminate this agreement with IC in writing at any time via post or email. No cancellation fee will be charged if you decide to terminate this agreement prior to the claim being successful. Your claim is deemed successful if we receive an offer/rebate or are notified of an offer/rebate from the HMRC which has been made to you after we have sent a letter of claim. Upon signing this agreement you will have 14 days to cancel the agreement without any consequence or charge. This process is known as ‘cooling off’, and where IC are instructed to do so, they will acknowledge that the agreement has been terminated in writing.
8.2 You acknowledge that once a claim has been successful or you receive any benefit from instructing IC to bring a claim, you will be liable to pay the contingency fee as set out at clause 2 opposite. Termination of this agreement following such success will still incur the appropriate fee as outlined in clause 2 of this agreement.
8.3 In some cases, IC may decide that they are unable to continue to act for you. Examples of where this may occur are: if IC cannot obtain clear instructions from you; if they believe that they will not be successful in your claim, or; if they have been given misleading instructions or information from you.