Terms & Conditions
The following Terms & Conditions apply when we reclaim overpaid tax for you.
"We", "Us" and "Our" refers to Harwood Claims Management Limited ("Hidenda").
"Client", "You" and "Your" refers to you or your nominated representative using our service on your behalf.
"Claim" refers to the overall process of you instructing us to recover overpaid tax from HMRC.
"Claim Form" refers to the signed instruction you have given us to act on your behalf to recover any overpaid tax from HMRC.
"Service" or "Services" means the work provided by us including assessing the viability of, preparing, submitting, overseeing and concluding the Claim(s)
"Website" refers to our website www.hidenda.com
2. WHAT WE WILL RECOVER FOR YOU
2.1 When you make a claim with us, it is a general claim for an overpayment of tax.
2.2 We will recover any tax you have overpaid in the tax years stated on the claim form. Overpayments of tax can arise from many factors including, but not limited to:
2.2.1 Having tax taken at source from interest paid on savings where your allowance is not fully utilised
2.2.2 Not having the correct expenses in your tax code (such as an allowance for uniform).
2.2.3 Being put on an incorrect tax code or any other coding errors.
2.2.4 Being taxed when your income was below the tax free personal allowance.
2.2.5 Being emergency taxed in a new job.
2.2.6 Not utilising adjustments that can be applied to tax codes through the sharing of personal allowances.
2.3 Our fee will apply to any tax you have overpaid as a result of any of the reasons above.
3. THE CLIENT WILL
3.1 Promptly inform us of any relevant matters affecting the Claim(s)
3.2 Deal promptly with every reasonable request by us, grant any permissions, consents or otherwise that we need and must give us access to any and all relevant information and any other matters which we need to provide the Services. Failure to do so will give us the right to terminate this agreement forthwith and you will reimburse us our reasonable costs incurred in pursuing the Claim(s) to the date of termination.
3.2.1 Hidenda's reasonable costs shall be calculated by multiplying the number of hours work completed by the rate of fifty pounds per hour.
4. OUR RESPONSIBILITIES IN PROCESSING YOUR CLAIM
4.1 We will use all of the information you have provided to accurately assess, calculate and process your claim.
4.2 We will usually submit your claim to HMRC for processing within 14 days of your signed claim form being received by us, however we do not guarantee this. During busy periods, it may take longer than 14 days to submit your claim to HMRC.
4.3 Where further information or clarification is required in relation to any aspect of your claim, we will always try to contact you however we reserve the right to not contact you, and instead:
4.3.1 Cancel your claim.
4.3.2 Put your claim on hold indefinitely.
4.3.3 Remove any parts of your claim that are in question, before submitting it to HMRC.
4.4 We reserve the right to submit your claim to HMRC as it is and will not be held liable for any errors that you have made on your Claim Form that result in HMRC issuing an incorrect refund of tax, or no refund at all.
4.5 We reserve the right to make any required amendments to your claim form prior to submitting it to HMRC.
4.6 Claims take an average of between 6-12 weeks to process once submitted to HMRC. This timescale is a guide only, and not a guarantee that your claim will be processed within 12 weeks.
4.7 HMRC may request further information from you in order to process your claim. Where possible, we will help you with this however the ultimate responsibility to provide HMRC with any requested information is yours. We will not be responsible for any delays in your claim as a result of you not doing this.
5. OUR FEES
5.1 We will receive refunds from HMRC on your behalf and deduct charges in accordance with our fee, prior to making payment to you.
5.2 Our standard fee is 40% + VAT (48% in total) for any refund we obtain for you that is over £75. Our minimum fee is £30 + VAT (£36 in total) for refunds £75 or under.
5.3 Where the refund from HMRC is less than the minimum fee we shall keep the refund and close the claim. No additional payment will be sought from you. We reserve the right not to contact you in this instance.
5.4 Our charges apply to all refunds received including, but not limited to those relating to tax on savings interest, employment expenses and tax code adjustments.
5.5 As part of the process of recovering overpaid tax, a full reconciliation of your tax account (for the tax year(s) you are claiming) will be carried out. This may result in other overpayments of tax being identified and recovered, on which our fee will apply.
5.6 If you can provide satisfactory evidence that a specific amount of money was in the process of being refunded to you by HMRC prior to you claiming with us, we will consider a partial refund of our fee but are under no obligation to do so.
5.7 Our fee only applies if we are successful in getting you a refund.
6.1 We are not responsible for the refund of tax or the rejection of a claim where:
6.1.1 You have provided information that is false, incorrect, inaccurate, insufficient, misleading or different from the information HMRC have for you.
6.1.2 You have already applied for and/or received a refund of tax prior to making a claim with us.
6.1.3 You owe money to HMRC.
6.2 Our fee applies to any and all refunds received.
6.3 If HMRC determine that a refund of tax has been made incorrectly and ask for it to be paid back, we shall be under no obligation to refund our fee however where possible, we will do so.
6.4 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.
6.5 Any tax benefit to you in future tax years, including but not limited to a reduction in the amount of income tax you would otherwise have paid in that tax year had you not used our Services, will be of benefit to you only. Our fee will not apply and you will not have to pay us anything. You will receive 100% of the benefit.
7. YOUR ESTIMATED AND ACTUAL REFUND
7.1 When you make a claim with us, we may provide you with an estimate of the amount of money we believe we can recover for you.
7.2 Any refund estimate is not a guarantee of the amount of money you will receive, or that you will receive any money at all. The exact amount of any refund owed to you by HMRC can only be established by processing your Claim
7.3 We will not be held liable for any instances in which the actual refund is less than the estimated amount, or if your claim does not result in a refund at all.
7.4 We will not be held liable for any instances in which a reconciliation of your personal tax affairs by HMRC leads to a net position of additional tax being owed to HMRC by you.
7.5 We strongly advise against making any financial commitments based on an estimate, or on any kind of premise of a tax refund. We will not be held liable for any loss or hardship you incur, financial or otherwise, as a result of doing so.
8. CANCELLING YOUR CLAIM
8.1 We reserve the right to cancel your claim at any stage, without any obligation of providing you with a reason.
8.2 You may cancel your claim at any stage providing the claim has not been submitted to HMRC. Cancellation will mean you must pay us our reasonable costs.
8.2.1 Hidenda's reasonable costs shall be calculated by multiplying the number of hours work completed by the rate of fifty pounds per hour.
8.3 Your claim cannot be cancelled once it has been submitted to HMRC. If you have a valid reason for cancellation at this stage, please let us know immediately. We will consider this request but are under no obligation to agree to it.
8.4 Your claim cannot be cancelled under any circumstance once it has been approved by HMRC, and a refund has been confirmed.
9. REPAYMENTS MADE BY US TO YOU
9.1 We will issue your repayment via cheque or BACS payment only once we have cleared funds from HMRC.
9.2 Cheques will be issued using the exact details you provided when registering your Claim unless you have notified us of any changes or errors
9.3 Cheques will be cancelled 1 year from the date of issue. An admin fee of twenty five pounds plus VAT will apply to have any cheque re-issued to you.
10. AGENT AUTHORISATION
10.1 By returning your signed Claim Form, you authorise us to be registered as your Tax Agents with HMRC which allows us to act on your behalf in processing your Claim.
10.2 Our responsibility as your Tax Agent is strictly limited to matters relating to your Claim. We will not be responsible for any other matters between yourself and HMRC.
10.3 It is your responsibility to revoke our authorisation once your claim has been concluded and you no longer require our services. Please contact us to do this.
10.4 We reserve the right to remove ourselves as your Tax Agent without notifying you.
11. DEED OF ASSIGNMENT
11.1 By returning your signed Claim Form, you authorise us to receive any refund of tax owed to you by HMRC, providing the refund is from one of the tax years stated on your Claim Form.
11.2 The Deed of Assignment will remain in place indefinitely unless you ask us to revoke it and we agree.
11.3 We reserve the right to refuse this request if we believe a refund of tax is due to be issued to us as a result of your Claim.
11.4 We are under no obligation to process a refund of tax that we have received due to holding a Deed of Assignment for that tax year, if the refund is not related to our Claim. If we agree to process the refund, a processing fee of thirty pounds (inc VAT) will be deducted.
11.5 Upon your request to revoke the Deed of Assignment (and our agreement to it), we will provide you with a letter which you will need to co-sign and post to HMRC. It is your responsibility to ensure this letter is actioned by HMRC.
12. DATA PROTECTION AND MONEY LAUNDERING
12.2 In order for us to comply with Money Laundering Regulations, we may be required to verify your identity before we can provide the relevant service to which this legislation applies.
12.3 By making a Claim with us, you agree that we may use the services of a third-party agency in order to verify your identity. This search is similar to those performed by price comparison websites and does not impact your credit rating (although the search may be visible on your credit file).
12.4 In instances where we are not able to verify your identity, we may ask for additional documentation from you (such as passport, driving licence etc). We reserve the right to withhold any payment due to you until your identity has been confirmed.
13. LIABILITY AND INDEMNITY
13.1 Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause. The total amount of our liability is limited to the total amount of Fees payable by you under these Terms & Conditions.
13.2 Under no circumstances will we be held liable for any penalties you have incurred in relation to a Tax Return as there is no agreement in place for us to file the Tax Return for you.
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
15.1 Hidenda may assign our rights and obligations under this agreement to another party provided that the party to whom we assign our rights and obligations agrees to provide the services to you on the same terms set out in this agreement. Should such an assignment occur either we, or the party to whom we assign our rights and obligations, will write to you to advise you of the assignment.
15.2 The Client cannot assign your rights and obligations under this agreement because it relates to your claims and is personal to you.
16. GOVERNING LAW
This agreement shall be subject to the laws of England and Wales.