Month: November 2020

Terms & Conditions

Posted on November 2, 2020 by - Uncategorized

We try to keep our Terms and Conditions simple, easy to understand, and avoid too much legal jargon. That way, we hope you’ll read them in full and have a better understanding of our relationship. By using any of our services, you are agreeing to these terms and conditions. If you have any queries about what these terms and conditions mean, please contact us.

  1. DEFINITIONS
    1. In these Terms and Conditions “We”, “Us” and “Our” refer to Gowing Law Solicitors, with registered office at, 12th Floor St James Tower Charlotte Street, Manchester, M14DZ.
    2. “You” and “Your” refers to you or your nominated representative using our services on your behalf, and services provided via our website, marriagetaxrefund.gowinglaw.co.uk that require you to enter personal information.
    3. “Claim” refers to the overall process of you instructing us to recover overpaid tax from HMRC.
    4. “Claim Form” refers to the signed instruction you have given us to act on your behalf to recover any overpaid tax from HMRC.
  2. OUR FEES
    1. We will receive refunds from HMRC on your behalf and deduct charges in accordance with our fee, prior to making payment to you.
    2. Our standard fee is 40% including VAT of any refund we obtain for you.
    3. A minimum fee of £25 will apply to any successful claim. Where the refund from HMRC does not cover this, we will not ask you to pay any additional charges and the claim will be closed. We reserve the right not to contact you in this instance.
    4. Our charges apply to all refunds received including, but not limited to those relating to employment expenses. Please refer to the following section below for more information on this.
    5. If a refund of tax was already in the process of being issued to you prior to you claiming with us and has subsequently been issued to us as a result of a claim you have made with us, our fee as outlined in 2.2 and 2.3 will apply on the entire refund.
    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.
    7. If you ask us to re-issue a cheque, we have sent to You, we will charge you a £19.99 fee. Where the value of the cheque is under £19.99 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.
    8. Following the issue of a refund cheque. If we do not hear from you after a further 12 months and your cheque remains un-cashed, we will close your file and you agree that we will dispose of your refund as we see fit, including to a charity of our choice.
  3. YOUR OBLIGATIONS
    1. You agree to co-operate with us so that we can provide the Services in accordance with our obligations.
    2. You must 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.
    3. You agree to provide the information that we ask for promptly and to make sure that this information is true, accurate, correct, and complete to the best of your knowledge, including taking all the necessary steps to get this information from other sources if required.
  4. OUR OBLIGATIONS
    1. We will accurately process all the information you provide to us and take all actions necessary in connection with the provision of our Services as quickly as possible.
    2. We maintain high standards of conduct in our dealings with government departments and others. We will decline to provide a Service if we believe that doing so may breach those standards. We will notify you as soon as we can if we decide not to provide a Service.
    3. If you do not provide all the relevant information in our requested time frames when we agree to provide a Service, we cannot be held liable for the outcome of your tax refund claim.
  5. WHAT WE CLAIM BACK FOR YOU
    1. When you make a claim with us, it is a general claim for an overpayment of tax and not a claim for a specific expense such as a uniform.
    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:
      1. Not having the correct expenses in your tax code (such as an allowance for uniform).
      2. Being put on an incorrect tax code or any other coding errors.
      3. Being taxed when your income was below the tax-free personal allowance.
      4. Being emergency taxed in a new job.
    3. Our fee will apply to any tax you have overpaid as a result of any of the reasons above.
  6. OUR OBLIGATIONS IN PROCESSING YOUR CLAIM
    1. We will usually submit your claim to HMRC for processing within 7 days of your completed claim form being signed online from our website “marriagetaxrefund.gowinglaw.co.uk”, however, we do not guarantee this. During busy periods, it may take longer than 7 days to submit your claim to HMRC.
    2. 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:
      1. Cancel your claim.
      2. Put your claim on hold indefinitely.
      3. Remove any parts of your claim that are in question, before submitting it to HMRC.
    3. We reserve the right to submit your claim to HMRC as it is and will not be held liable for any errors that result in HMRC issuing an incorrect refund of tax, or your claim being refused altogether.
    4. We reserve the right to make any required amendments to your claim form prior to submitting it to HMRC.
    5. Claims take an average of between 6-12 weeks to process once submitted to HMRC. This timescale is a guide only, and during HMRC busy times can take longer.
    6. 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.
  7. DISCLAIMER
    1. Gowing Law Solicitors is not responsible for the refund of tax or the rejection of a claim where:
    2. The customer has provided information which that is false, incorrect, inaccurate, insufficient, or misleading in any way.
      1. The customer has already applied for and/or received a refund of tax prior to making a claim with us.
      2. The customer owes money to HMRC.
      3. HMRC has information that is different from that provided by you.
    3. If HMRC determines that a refund of tax has been made incorrectly and asks for it to be paid back. We are under no obligation to refund our fee in this instance however where possible, we will do so.
    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.
  8. YOUR ESTIMATED AND ACTUAL REFUND
    1. When you submit a claim with us, we will provide you with an estimate of the tax refund we believe we can recover for you. This estimate is not to be used as a guarantee in any way of the amount of money we can recover for you.
    2. We will not be held liable for any instances in which the actual tax refund is below the estimated amount, or if your claim does not result in a refund at all.
  9. YOUR APPLICATION AND CONSENTS/AUTHORITIES
    1. When you complete an online application for a tax refund from “marriagetaxrefund.gowinglaw.co.uk” your answers and signature populate pre-printed submission forms. These forms once checked and verified are sent to HMRC. You can request a copy of the completed forms by writing to info@Gowinglaw.co.uk with your full name, NI number, date of submission, and reference number.
    2. By signing the online application for a tax refund, you consent and agree to the following:
      1. You are claiming repayment of any amounts overpaid by you during the specified tax years.
      2. If no refund is applicable, you request HMRC to still perform a reconciliation for each specified tax year to ensure the year ahead is balanced.
      3. You authorise HMRC to disclose information to us in relation to the specified tax years.
      4. You agree that we will act on your behalf.
      5. You confirm that the information you have provided is correct to the best of your belief.
      6. You unconditionally assign any overpayment to us.
      7. You agree the contract is between yourself and Gowing Law Solicitors. HMRC has not seen the terms of the contract and the inclusion of these terms as part of your repayment claim should not be taken to imply that HMRC endorses or otherwise approves of these terms.
  10. REPAYMENTS MADE BY US TO YOU
    1. We will issue your repayment via cheque only once we have cleared funds from HMRC. Cheques will be sent to the address you provided on your claim form.
  11. CANCELLING YOUR CLAIM
    1. We reserve the right to cancel your claim at any stage, without any obligation of providing you with a reason.
    2. You may request cancellation of your claim after we have received your signed claim form, as long as you notify us in writing at info@Gowinglaw.co.uk within 48hours of signing and submitting the online application.
    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.
    4. Your claim cannot be cancelled under any circumstance once it has been approved by HMRC, and a refund has been confirmed.
  12. DATA PROTECTION AND MONEY LAUNDERING
    1. For full details of how we process your data, please refer to our Privacy Policy located at “www.gowinglaw.co.uk/privacy-policy”
    2. Any personal data you provide to us will only be used to carry out our Services.
    3. We may contact you by using any contact details you have provided. You can ask us not to send you any information on our offers or services at any time by contacting us at info@gowinglaw.co.uk
    4. 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.
    5. 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).
    6. 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
    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 the Contract.
    2. Under no circumstances will we be held liable for any penalties you have incurred in relation to a Tax Return, if there is no agreement in place for us to file the Tax Return for you.
    3. Under no circumstances will we be held liable for any tax which is due to HMRC from you, after HMRC has carried out a reconciliation of your tax account with respect to the tax years you have applied for a tax rebate.
  14. SEVERANCE
    1. 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. LAW AND JURISDICTION
    1. These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.
  16. ANYTHING YOUR NOT HAPPY WITH?
    1. Most of our clients receive excellent service and we are proud of our commitment to quality and our dedication to customers. With thousands of clients every year, occasionally we might not get it right. Also, if you are not satisfied with any aspect of our performance, we would like to know about it. We want to put it right and prevent it from happening again. Please email info@gowinglaw.co.uk and let a member of our staff know as soon as possible. In the majority of cases, your complaint will be resolved immediately. If you wish to take it further, please follow our Complaints Process below.
    2. Complaints Process
      1. Inform a member of our staff that you wish to discuss your issue with our Customer Care Team. Your contact details will be taken so that we can arrange a phone call at a convenient time. Before your phone call, a member of the Customer Care Team will speak with the member of staff involved in the matter and collate our notes of the issues and decisions at each stage.
      2. The Customer Care Team will then try to deal with the issue by; Establishing what has happened so far, and who has been involved Clarifying the nature of the complaint and what remains unresolved Clarifying what you feel would put things right When the course of action has been decided and carried out, we will confirm with you that the issue has now been resolved and the complaint is closed.
      3. If you want to make a formal complaint instead, please write to the Senior Manager at Carl Chapman, Gowing law, 12th Floor St James Tower, Manchester, M14DZ. Your written complaint will be acknowledged in writing within 7 working days of its receipt. The reply will include information about how the issues raised will be dealt with, and a written commitment to send a formal, written, response within a further 21 working days.