TERMS AND CONDITIONS
This Agreement forms a contract between you the ‘Client(s)’ and TR Forensic Accountants Group Ltd. TR Forensic Accountants Group Ltd is a private limited company situated at 4Th Floor Cardinal House, 20 St. Marys Parsonage, Manchester M3 2LY. You should not sign this contract until you have read the agreement and services that TR Forensic Accountants 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 TR Forensic Accountants with your instruction you agree to and are bound by the TR Forensic Accountants Terms and Conditions.
1 SERVICE
1.1 These are the terms on which TR Forensic Accountants agrees to provide the Claims Service and you agree both to be bound by them and to acknowledge them once we have received your instructions to proceed with your claim(s).
1.2 TR Forensic Accountants will assist with your claim on a ‘No Win No Fee’ contingency basis.
1.3 The Questionnaire is to allow us to provide HMRC with the information required for your claim(s).
1.4 You agree to answer all questions honestly and to your best ability and understand that TR Forensic Accountants are in no way responsible for any incorrect information you provide. You understand that you will take full responsibility for this.
1.5 Once your instructions have been received TR Forensic Accountants has the right to deal exclusively with the claim(s), unless otherwise agreed in writing by you and TR Forensic Accountants.
1.6 You understand that any successful claim(s) will be subject to fees as set out in Clause 2.
1.7 You will deal promptly with requests by TR Forensic Accountants for authority, information, documents or further requests that TR Forensic Accountants might make.
1.8 You will inform TR Forensic Accountants promptly of any relevant matters affecting the claim(s), such as direct contact from HMRC requiring our attention.
1.9 TR Forensic Accountants will use reasonable endeavours to obtain compensation for the claim (s) pursued.
1.10 TR Forensic Accountants will promptly notify you if we decide not to pursue your claim(s) and cancel this Agreement under Clause 6.
1.11 If the claim is unsuccessful, TR Forensic Accountants will endeavour to inform you.
1.12 By signing this agreement, you are authorising TR Forensic Accountants to act as an agent and nominee on your behalf with HMRC.
2 FEES
2.1 No fees will be charged to you in respect of an unsuccessful claim. Where a claim is successful, TR Forensic Accountants will charge a contingency fee representing no more than the greater value of either 37% plus VAT or £60.00 (minimum threshold) in respect of any claims/compensation/goodwill/rebate payment recovered on your behalf. The contingency fee of 37% plus VAT is calculated before any applicable tax payment/deduction of which you are liable if the claim is above the minimum threshold of £60.00. Under no circumstances will you be required to pay more to us than this amount.
Example Refund Received
Tax Refund: £1000.00
Fee charged @ 37%: £370.00
VAT @ 20%: £74.00
Total Fee (Fee + VAT): £444.00
Consumer Receives: £556.00
Example 2.Tax Rebate is equal to the minimum charge
Refund Received
Tax Refund: £60.00
Minimum Fee charged: £60
Consumer Receives: £0.00
2.1.1 Where the value of redress/compensation/goodwill/rebate received from HMRC falls below £60.00, TR Forensic Accountants will limit our Fee to the total amount of the redress/compensation/goodwill/rebate received. We will not ask you to pay any additional charges and the claim will be closed. TR Forensic Accountants reserves the right not to contact you in this instance.
2.1.2 If you are paid by the HMRC directly as a result of your claim TR Forensic Accountants 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 claim amount 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 TR Forensic Accountants has been informed by HMRC that this is the case and/or TR Forensic Accountants 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 TR Forensic Accountants are forced to either take court action or appoint a debt collection agency to recover outstanding monies, TR Forensic Accountants 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 Bank of England.
2.3 You understand that if you have a successful claim TR Forensic Accountants will run ID Verification checks (required by the HMRC).
3 CONCERNS ABOUT OUR SERVICE
TR Forensic Accountants 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: TR Forensic Accountants Group Ltd is a private limited company situated at 4Th Floor Cardinal House, 20 St. Marys Parsonage, Manchester M3 2LY.
4 AGREEMENT
This agreement will be effective from the date you give your instruction to TR Forensic Accountants 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.
5 TERMINATION
5.1 Once you have provided your instructions to TR Forensic Accountants and the claims process has begun you may terminate this agreement with TR Forensic Accountants 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 from the HMRC. 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 TR Forensic Accountants is instructed to do so, they will acknowledge that the agreement has been terminated in writing.
5.2 You acknowledge that once a claim has been successful or you receive any benefit from instructing TR Forensic Accountants 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.
5.3 In some cases, TR Forensic Accountants may decide that they are unable to continue to act for you. Examples of where this may occur are: if TR Forensic Accountants 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.
6 DISCLAIMER
6.1 TR Forensic Accountants is not responsible for the refund of tax or the rejection of a claim where:
6.2 The Client(s) has provided information which that is false, incorrect, inaccurate, insufficient or misleading in any way.
6.3 The Client(s) has already applied for and/or received a refund of tax prior to making a claim with us.
6.4 The Client(s)owes money to HMRC.
6.5 HMRC has information that is different to that provided by you.
6.6 If HMRC determine that a refund of tax has been made incorrectly and ask for it to be paid back. TR Forensic Accountants is under no obligation to refund our fee in this instance however where possible, we will do so.