Terms & Condtions

Terms and Conditions

By making a claim with us, or by using any of our services, you are agreeing to the following Terms & Conditions.

If there are any parts of this agreement that you are unclear about, please get in touch with us before proceeding. All of these Terms and Conditions apply to the supply of Services unless we specify otherwise.

1. DEFINITIONS

“We”, “Us” and “Our” refers to Rebated Tax 2U Ltd trading as Rebated.

“You” and “Your” refers to you or your nominated representative using our service on your behalf.

“Contract” and “Agreement” refers to the obligations between Rebated Tax 2U Ltd and You as set out in these Terms & Conditions.

“HMRC” means Her Majesty’s Revenue & Customs

“Claim” and “Services” refers to the overall process of You instructing Us to recover overpaid tax or claim allowances from HMRC via any official HMRC or substitute forms or any other requests made by You to Us.

“Claim Form” refers to the digitally or physically completed information request form and digitally or physically signed instruction you have given us to act on your behalf to recover any overpaid tax or unused allowances from HMRC.

“Website” refers to our website www.rebated.uk

“Fees” and “Fee” means the charge for our services that will be deducted from any successful Rebate paid directly to Us prior to Repayment or paid by You if we need to invoice you, should HMRC issue any Rebate to You directly.

“Extra Administration Fee” and “EAF” means a charge for any undertaking conducted by Us or caused by You, in the course of dealing with Your Claim and providing our Services that we define at our discretion, or object to, as being unnecessary or unreasonable in nature.

“Rebate” and “Refund” is defined as a payment and the amount of payment issued to You or to Us on your behalf by HMRC and means the total sum received by Us or You, or the total payment before any offset or clawback against HMRC arrears or any other outstanding sums due by You to HMRC that HMRC may deduct before issuing a payment, or a combination of all.

“Repayment” means a payment made by Us to You after our Fees have been paid or deducted.

“Letter of Authority” means the letter signed by You either physically or digitally, authorising Us to act as Your representative in respect of Your Claim(s).

“Deed of Assignment” and “Letter of Assignment” means permission granted by You for Us to receive and process any payment issued to You from HMRC on Your behalf.

“Invoice” and “Invoices” means a demand for payment by Us to You in relation to Our Fees or Extra Administration Fee for our Services.

“Force Majeure” means any event outside of Our control that may reasonably impact, delay or render void any part of this Agreement.

2. OUR FEES

2.1a Where we receive a Refund from HMRC on your behalf, we deduct charges in accordance with our Fee as detailed in clause 2.2, prior to making Repayment to you.

2.1b Where HMRC issue a Rebate to You in relation to Your Claim directly to You, our Fee as detailed in clause 2.2, we will raise an invoice to You and You agree to pay this within 7 days.

2.2 The Fee for Your Claim payable by You to Us is the greater value of £100+VAT or 40%+VAT of any Rebate amount received from HMRC.

2.3 Where the value of a Rebate received from HMRC falls below £100+VAT, We will limit our Fee to the total amount of the Rebate received. 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.

2.4 Monies due to You as a result of using Rebated may be used by HMRC to repay arrears You may have with them and they may deduct any sums owed to them from this amount. Should this happen Our Fees will apply to the gross amount of Rebate due from HMRC before any deductions by them.

2.5 If a Rebate was already in the process of being issued to you by HMRC prior to Your Claim 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.

2.6 Should HMRC issue a Rebate it later decides to claw back or dispute for any reason, our Fees will be non refundable.

2.7 Should HMRC at a later date issue a further Rebate to you as a result of Your signed Letter of Authority or Letter of Assignment, we reserve the right to apply our Fees in full.

2.8 We operate on a NO WIN, NO FEE basis. Should we be unable to successfully Claim a Rebate on Your behalf from HMRC, no Fees will be payable by You.

2.9 EAF; Should an Extra Administration Fee be required to be paid by You, it will be payable by way of invoice raised by Us to You at a rate of £100+VAT per hour or deducted or offset against any Rebate or Repayment to the value of the EAF.

3. YOUR OBLIGATIONS

3.1 Promptly supply Us with any and all relevant documentation and supporting information required to process your Claim, as reasonably requested by Us to progress Your Claim.

3.2a Ensure that any information supplied to Us will be accurate and not deliberately misleading or fraudulent in nature.
3.2b Through your actions not cause or create any scenario we define at our discretion as unnecessary or unreasonable in nature. This shall be defined as but not limited to; excessive requests for customer support, providing deliberately misleading or false information, publishing negative comments or leaving poor reviews of our Services on any social media/reviews website such as Facebook, Twitter, Google, Trustpilot, Reviews.io or any similar public or private websites or publications.
3.2c Should you engage in any activity as outlined in clauses 3.2a & 3.2b, an EAF may be charged to You, the rate of which is detailed in clause 2.9. You will be notified of our intention to apply an EAF charge to you 7 days before we issue any Invoice. At our discretion we may choose to waive or cancel any EAF if you remedy the cause of the EAF after we have notified you.
3.2d You acknowledge that You are responsible for understanding any financial impact that might be caused to you by submitting a Claim if you are a recipient of any benefits such as Universal Credit.

3.3 Inform Us promptly should You receive any communication from HMRC including if You receive Rebate payments for any Claims made by Us on Your behalf.

3.4 With reference to clause 2.1b, If a Rebate is made directly to You by HMRC, You will pay Us Our Fee within 7 days of receipt of an Invoice for our Fees.

3.5 To provide Us with and ensure that we have the exclusive authority to act for You: (a) to pursue your claim and (b) to enter into correspondence and negotiations with HMRC on your behalf.

3.6 Not to remove or cancel from the Letter of Authority for us to act for You. If You do so We may treat this as an act of Termination under section 7 of this agreement, which may result in a Termination Fee being charged.

3.7 Not to instruct another party to act for you on any Claim you have instructed Us to act for You on.

3.8 Promptly update Us if you change address or change your contact details.

3.9 Complete all Payment Processing requests & Anti Money Laundering identity checks we are required to undertake and provide proof of identity both photographic and proof of address as well as Your Paypal email for us to submit any Rebate to if requested by Us. Failure to Provide us any information we require for us to make any Repayment due to you and or failure to provide the required Anti Money Laundering identification may result in Your Claim being voided and You forfeiting any sums owed to you.

3.9.1 If Repayment is made via Cheque by Us to You, You must deposit within Your Bank Account any Cheque Repayment we issue to as a result of a successful Claim with Us within one calendar month of the date the Cheque was issued. Failure to do so may result in the issued Cheque being cancelled by Us and an EAF being charged to you for any reissue of Repayment.

4. WHAT WE WILL SUBMIT TO HMRC FOR YOU

4.1 When you make a Claim with us, we will submit either an official HMRC R38, R40, P50, P87 or any other suitable replacement form or generic letter we determine to be suitable to request HMRC conduct a reconciliation of Your Tax account and issue a payment to Your benefit.

4.2 We will submit a Letter of Authority and a Letter of Assignment that provides permission for Us to act on Your behalf and for Us to be assigned payments by HMRC on Your behalf.

4.3 The signature that you provide to Us on our Website is appended electronically to any letter or form We submit to HMRC for You in relation to Your Claim.

5. PERFORMANCE & PROCESSING YOUR CLAIM

5.1 We will use all of the information you have provided to reasonably process your claim.

5.2 We will usually submit your claim to HMRC for processing within 7 working days of your signed claim form being received by us, however we do not guarantee this. During busy periods or if Royal Mail is delayed, it may take longer than 7 days to submit your claim to HMRC.

5.3 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:

5.3.1 Cancel your claim.

5.3.2 Put your claim on hold indefinitely.

5.3.3 Remove any parts of your claim that are in question, before submitting or resubmitting it to HMRC.

5.4 We reserve the right to submit Your claim to HMRC based on the information you provide, whether correct, incorrect or estimated.

5.5 We reserve the right to make any required amendments to your claim form prior to submitting it to HMRC.

5.6 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.

5.7 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.

6. DISCLAIMER

6.1 Rebated Tax 2U Ltd is not responsible for the Refund of tax or the rejection of a Claim or any financial loss or impact on Your personal circumstances where:

6.2 You have provided information which is false, incorrect, inaccurate, insufficient or misleading in any way.

6.3 You have already applied for and/or received a Refund of tax prior to making a Claim with Us.

6.4 HMRC determines that as a result of Your Claim, that You owe HMRC money .

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. We are under no obligation to refund our fee in this instance.

6.7 You are aware that you can submit a Claim, yourself, directly to HMRC for free, however by claiming with Us, you are agreeing to use our Service and pay any Fees due.

6.8 You are a recipient of benefits such as Universal Credit or any other form of Government financial assistance whether taxable, income assessed or not.

7. YOUR ESTIMATED AND ACTUAL REFUND

7.1 When you enquire with Us or make a Claim with Us, we may provide you with an estimate of the amount of money 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.

7.2 We will not be held liable for any instances in which the actual Rebate is less then the estimated amount, or if your Claim does not result in a Refund at all.

7.3 We strongly advise against making any financial commitments based on an estimate, or on any kind of premise of a Rebate. 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 & TERMINATION

8.1 We reserve the right to cancel your Claim at any stage, without any obligation of providing you with a reason. If we decide to cancel your claim, no Fees will be owed by You.

8.2 You may request cancellation of your claim after we have received your signed claim form (physically or electronically), providing the claim has not yet been submitted to HMRC. Cancellation at this point will result in a £50+VAT cancellation charge becoming immediately due for payment.

8.3 Your claim cannot be cancelled once it has been submitted to HMRC.

8.4 Your claim cannot be cancelled under any circumstance once it has been approved by HMRC, and a Rebate has been confirmed.

9. REPAYMENTS MADE BY US TO YOU

9.1 We will issue your Repayment via Cheque, PayPal or any other method we feel is suitable only once we have cleared funds from HMRC AND You have successfully completed any and all Payment processing requirements to Our satisfaction as as detailed in clauses 10. We will notify you of the method of repayment we will use when we contact you to commence these checks.

9.2 Where We notify you of our ability, agreement or requirement to issue payment to you via Paypal and We receive Your Rebate payment, You agree to supply Your PayPal email address to which We can deposit Your Repayment. If you do not have an active PayPal account, you will need to create one in order to receive your Rebate from Us. If you fail to provide us with a PayPal account to issue your Repayment we will issue you a limited number of reminders. If you fail to allow us to issue your Repayment via this method we reserve the right to Terminate this Agreement and permanently withhold any Repayment.

9.3 Where We notify you of our ability, agreement or requirement to issue payment to you via Cheque, a Cheque will be sent to the payee named by HMRC, to the postal address you used on any Claim form with Rebated. This will be sent via 2nd class Royal Mail post. We will not be able to change the name of the payee or the postal address we send the Cheque to unless you have moved address and are able to provide proof of both the old address used on your Rebated Claim and your new address.

9.4 Any Repayment due to You will be processed within 21 working days of Us confirming to You that all required Anti Money Laundering checks have been completed to Our satisfaction.

9.5 If Repayment is issued by Us to You by Cheque, as stated in clause 3.9.1 it must be deposited within one calendar month else we reserve the right to cancel the issued Cheque. An EAF will be charged at the rate in clause 2.9 to re-issue any Cheque or Payment via any other method.

9.6 When We issue Repayment to You, We will issue to you an Invoice detailing the Rebate received from HMRC and the Fees we have deducted including applicable taxes. This Invoice will show the Repayment due to you.

10. DATA PROTECTION AND MONEY LAUNDERING

10.1 For full details of how we process your data, please refer to our Privacy Policy located at www.rebated.uk/privacy

10.2 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 or issue any Repayment to which this legislation applies.

10.3 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).

10.4 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.

11. LIABILITY AND INDEMNITY

11.1 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.

11.2 Under no circumstances will we be held liable for any costs, charges, fines or any other requests for payment HMRC might make to You by making a Claim via Us.

12. NON-PAYMENT OF INVOICE AND COLLECTION ACTIVITY

12.1 All Invoices must be paid within 7 days of You receiving payment from HMRC.
12.2 Invoices which remain unpaid after 30 days without agreement may be subject to further cost for telephone calls and invoice reminders and these may be added to the outstanding debt –
• £10.00 + VAT Second and subsequent written reminder
• £15.00 + VAT Second and subsequent telephone reminder
• £50.00 + VAT Solicitors Letter Before Action (LBA)

12.3 If We are required to take steps to recover payment for unpaid Invoices (e.g. via Small Claims, County Court, Debt Collections Agencies or Bailiffs) the costs of such recovery action may be added to the outstanding debt.

13. SEVERANCE

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).

14. TERMINATION

We reserve the right to terminate this Agreement at any time if at our sole discretion you are deemed to be in breach of any part of this Agreement. At our discretion we may decide to withhold any due or future payments to You for any Rebate paid to Us by HMRC as a result of any breach.

15. ELECTRONIC SIGNATURES

15.1 We and You agree that the use of electronic signatures in this Agreement, whether digital or encrypted, are to have the same effect as manual or physical signatures. Delivery of a copy of this Agreement or any other document used bearing an original or electronic signature will have the same effect as physical delivery of the paper document bearing an original or electronic signature.

16. LAW AND JURISDICTION

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.