ClaimYourTax
Terms of service
Introduction
These terms set out the basis on which we will provide our services and our respective responsibilities.
The terms “we”, “us” or “our” refers to ClaimYourTax, a trading name of 121 Tax Claims Limited. We are a private limited company registered in England and Wales (company number 14809007) and our registered office is located at 128 City Road, London, EC1V 2NX.
We are a member firm of the Institute of Chartered Accountants in England and Wales (ICAEW) and registered as tax agents with HM Revenue & Customs (HMRC). We comply with ICAEW’s Code of Ethics and HMRC’s Standards for Agents at all times and we will decline to provide you with our service if we believe those standards will be breached.
1. Our services
1 We assist UK taxpayers to claim tax refunds from HMRC for the previous 4 tax years, being 6 April 2020 to 5 April 2024.
2 Our services include assessing eligibility based on the information you provide, preparing your claim in the appropriate format, submitting to HMRC on your behalf, and processing any resulting tax repayment paid by HMRC. We do not validate the information you provide in any way.
3 We endeavour to process your claims as quickly as possible but will not be held responsible for any delays caused by HMRC. You can request an estimate of timescale from HMRC by using the ‘Where’s My Reply’ tool by visiting https://www.gov.uk/check-when-you-can-expect-a-reply-from-hmrc .
4 We reserve the right to contact you, make any necessary adjustments to your claim forms, or cancel your claim completely before submission to HMRC if we believe any information provided to us was inaccurate.
5 We will claim your tax refund either by completing a self-assessment tax return or by making a claim directly with HMRC by post. The method we adopt will depend on your personal circumstances and/or HMRC requirements.
6 For certain tax repayment claims, we may ask you to sign Form 64-8 which authorises us to discuss your tax affairs with HMRC in order to provide our services. You can withdraw this authority at any time by contacting us or HMRC directly.
2. How we handle your refund
1 You will nominate us to receive any refund paid by HMRC. This is known as a bare nomination and can be withdrawn at any time by contacting us or HMRC directly. You remain legally entitled to the refund at all times, even if it is paid to us.
2 From the refund we receive, we will deduct our fee in accordance with Section 3 of these terms, and remit the remaining amount to you via cheque or bank transfer.
3 Upon receipt of your tax refund from HMRC, we will contact you within 7 days to request your bank account details for settlement by bank transfer. You must be the account holder for the bank details provided.
4 If we do not receive bank details within 7 days of our request, or we are unable to verify you as the bank account holder, we will automatically issue your payment via cheque which will be sent to the residential address verified during the onboarding process.
5 All refunds received from HMRC on behalf of clients are held in a segregated Client Money Account with Natwest Bank in accordance with ICAEW’s Client Money Regulations. You agree to waive your entitlement to earn bank interest on any funds we hold on your behalf, unless held for more than 8 weeks.
3. Our fees
1 As consideration for the services we provide, we will charge you a fee equal to 25% + VAT (a total of 30%) of any refund received from HMRC. We will not charge any other fees or disbursements unless otherwise stated in these terms.
2 We provide our services on a “No Win, No Fee” basis meaning you will only need to pay a fee if we successfully claim back a tax refund on your behalf. No upfront payment is required for our service.
3 We will issue an invoice for our services at the end of the claim process together with a calculation of the fee.
4 If for any reason the tax refund is issued directly to you by HMRC, you must let us know promptly and we will recover our fee from you directly by sending you an invoice. The invoice will be due and immediately payable upon receipt of your tax refund.
5 If we make a submission to HMRC in good faith as described in these terms, and you subsequently withdraw the bare nomination before your tax refund is received, we will send you an invoice for our fees which will be immediately due and payable upon receipt of your tax refund.
6 We reserve the right to charge interest of 8% per annum on any late payments where we are entitled to recover our fee from you directly. We will make every effort to recover our fees and also reserve the right to pass on any legal fees incurred where payment is not received.
7 We will not be responsible for any tax, interest or penalties that you may owe to HMRC, unless we have made an error.
8 If you are required to repay any part of your tax refund to HMRC due to an error we have made, we will compensate you in full, including any tax, interest or penalties that may be charged.
9 You acknowledge that there is no requirement to use a tax agent, and that you can make a claim directly with HMRC to retain 100% of your tax refund.
4. Your obligations
1 You agree to provide any information that we may require promptly and to make sure that this information is true, accurate and complete, including taking all the necessary steps to get this information from other sources if required. You remain responsible for any claims made with HMRC at all times.
2 You will keep accurate records as required to support your claim, and to respond to any additional information requests from HMRC. We will assist you with this as far as possible, where requested.
3 If we are required to submit a self-assessment return to claim your refund, you must tell us about all your sources of income and the amounts you receive, including any PAYE, self-employed, pension or rental income and any benefits received in each tax year.
4 You accept that you may have to repay HMRC if your claim was based on incorrect information provided by you. You will have no right to claim back any money from us, including our fee, unless we have made an error.
5 You agree to promptly forward any correspondence you may receive from HMRC in relation to your claim.
5. Data protection and anti-money laundering
1 We are registered for Data Protection with the Information Commissioner’s Office (registration number ZB663591). Please read our privacy notice by visiting https://www.claimyourtax.co.uk/privacy-notice to understand what information we collect, how we use it and keep it secure, as well as your rights over your personal information.
2 We are committed to protecting client privacy and operate under strict security measures to protect your personal information. This includes following certain procedures (for example, checking your identity when you contact us) and encrypting personal information collected digitally.
3 Any personal data provided to us will only be used to carry out our services, unless otherwise agreed. We will not pass your details to any third parties, unless required for us to provide our service, or you give us permission to.
4 You agree to us storing this data in paper and/or electronic form. We will securely store all your documents for 6 years, from the time we receive your refund from HMRC, in accordance with the retention policy guidelines. After this point, they will be securely destroyed in accordance with the ISO BS EN 15713 standard of Secure Destruction of Confidential Waste.
5 We may contact you by SMS and/or Email using the contact details you provide but you will be given the option to opt-out of any communication each time we contact you, or by contacting us directly. You acknowledge that it can take up to 72 hours for us to action such requests and we reserve the right to cancel your claim completely if you opt-out of all communication.
6 We reserve the right to record and monitor telephone calls, emails and other electronic communications for training and quality control purposes.
7 As tax agents we are required to comply with UK’s Money Laundering Regulations. The legislation requires us to verify your identity and keep evidence that we have done so, before we form a business relationship. We will digitally request photo ID and proof of address to comply with the regulations, and we may perform a soft credit search which will have no impact on your credit score.
8 We reserve the right to cancel your claim, or put it on hold indefinitely, if we are unable to verify your identity.
6. Insurance
1 We hold professional indemnity insurance with AXA XL Insurance Company UK Limited. The territorial coverage is worldwide, excluding professional business carried out from an office in the United States of America or Canada and excludes any action for a claim brought in any court in the United States of America or Canada.
2 Our policy number is 15096779 and our limit of indemnity is £250,000 per claim.
7. Cancellation
1 You can terminate our services at any time prior to submission of your claim to HMRC by contacting us via phone, email or post and you will not be charged any fees.
2 Upon termination we will cease all services and withdraw our 64-8 authority, if held. You acknowledge that it can take up to 72 hours to action such requests and that we will no longer have access to your tax information once this authority is withdrawn.
3 It is your responsibility to withdraw any bare nomination by contacting HMRC directly. Should we receive a tax refund from HMRC post-cancellation, we will remit the full amount to you but reserve the right to deduct an administrative fee of £30 + VAT.
4 If we have submitted a claim to HMRC in good faith as described in this agreement, and you subsequently terminate the agreement before your tax refund is received, our fee will remain payable. We will send you an invoice for our fee which will be immediately due and payable upon receipt of your tax refund. We also reserve the right to charge late payment interest of 8% per annum, and to pass on any legal fees incurred, if payment is not received.
8. Complaints
1 If you are not satisfied with our service, you may log a complaint by contacting us and we will provide a response within 7 days.
2 Should we be unable to resolve your complaint, you may also be able to refer your complaint to an alternative dispute resolution (ADR) provider to try and reach a resolution. We will provide details of an ADR provider, although we reserve the right not to use the provider.
3 You may also raise your complaint with the Institute of Chartered Accountants in England and Wales (ICAEW). Please visit www.icaew.co.uk for contact details and further information.
By using our service you confirm that you have read, understood and agree to the terms set out above.
Last updated: 3 March 2024