TERMS & CONDITIONS

KEY TERMS

  • You have a period of 14 days from submitting your claim to cancel any agreement with us.
  • When we successfully secure a refund for you, the repayment is initially sent to us via a nomination agreement which can be withdrawn by you at any time. Upon receiving the repayment, we deduct our fee, and then the remaining balance is sent to you by cheque within 10 working days.
  • Our fee is 35% of the refund plus VAT. Please note, VAT is only applied to our fee, not your whole refund.

TERMS AND CONDITIONS

These are the Terms and Conditions of your Contract with Winchurch Services Limited.
Our Terms and Conditions are intended to be easy to understand and we try to avoid using too much legal jargon. By doing so, we hope you will read them carefully and have a better understanding of our relationship.

By submitting an Online Application with us, or by using any of our services, you are agreeing to the following Terms & Conditions. At the time of clicking 'Submit Claim' on our website, these terms will become binding on you and us, at which point a Contract will come into existence between you and us. You have the right to cancel within a 14-day cooling-off period after entering into this agreement.

In these terms, "we" "us" and "our" refers to Winchurch Services Limited. Our contact information is provided in Paragraph 14. "you" and "your" refers to any individual who has accepted these Terms.

1. Definitions

In these Terms and Conditions:

  1. Contract: a binding legal agreement between you and us that is subject to these Terms.
  2. Claim: a claim for a tax refund that we submit to HMRC on your behalf.
  3. Tax Agent: an organisation whom you authorise to discuss your tax affairs with HMRC on an ongoing basis.
  4. Deed of Assignment: a form that transfers the right to receive all refunds from HMRC on your behalf for the years stipulated on the Claim Form.
  5. Tax Agent Authority: an official HMRC form (Form 64-8 “Authorising Your Agent”) authorising us as your Tax Agent that we submit to HMRC on your behalf.
  6. HMRC: Her Majesty’s Revenue & Customs
  7. Refund: money you may be owed by HMRC for overpayment of tax.
  8. Digital Tax Records: digital services provided by HMRC which allow the user to view and manage an individual’s tax information
  9. Claim Period: the tax years listed on your Claim Form
  10. Fees: the fees (including VAT) that we charge for performing the Services
  11. Self-Assessment Tax Return: a SA100 form used in a Self-Assessment tax return
  12. Questionnaire: supplementary online form where you provide additional Information to support assessment of the claim
  13. HMRC Online Service: digital services provided by HMRC
  14. Enhanced Due Diligence: requirement of additional identity documentation from you (such as passport, driving licence etc).
  15. Online Application: the forms which you complete on our Website.
  16. Authorised Third Parties: Third parties you have authorised us to receive and process information from, and communicate with on your behalf
  17. No Win, No Fee: no Fees will be charged unless a refund is issued by HMRC
  18. Claim Form: the forms we submit to HMRC, which includes your Claim and a Deed of Assignment or Nomination.
  19. Unique Taxpayer Reference: is the 10 digit unique number issued to individuals when they first register for Self-Assessment
  20. Website: the winchurchservices.co.uk domain available on desktop or mobile
  21. Nomination: a form that authorises the receipt of all refunds from HMRC on your behalf for the years stipulated on the Claim Form.
  22. Cooling-Off Period: a contractual right that allows you to cancel the Contract within a 14-day period starting from the day following your acceptance of terms.

2. Our Services

2.1 PAYE Claims

2.1.1 Our team will assess and calculate your claim based on all the information you have provided in your Questionnaire, HMRC online services, and via Authorised Third parties, telephone calls and emails. Using all the information, we will complete and submit the appropriate signed forms to HMRC to obtain a tax refund.

2.1.2 If you grant us access to your Digital Tax Records via HMRC Online Services:

  1. We will also use this to examine whether you are eligible to claim any further tax repayments. If you are eligible, we may contact you and request you email us the necessary documentation.
  2. We may perform an annual check for tax overpayment for the period of your Contract and may contact you by phone/SMS/email in regarding to this.

2.1.3 If you do not give us access to your Digital Tax Records, we may not be in a position to perform an annual review and contact you to provide additional information.

2.2 Self-Assessment Claims

2.2.1 If you are required by HMRC to submit a Self-Assessment Tax Return, our team will assess and calculate your claim based on all the information you have provided in your Questionnaire, HMRC Online Services, and via Authorised Third Parties, telephone calls and emails. Using all the information, we will complete and submit the appropriate signed forms to HMRC to obtain a tax refund if there is one due.

2.2.2 If a tax refund is not available or suitable, we will calculate how much tax you owe, and complete a signed Tax Return to HMRC upon your approval and payment of a £99 + VAT Fee.

2.2.3 If you have a Unique Taxpayer Reference number and we submit a Tax Agent Authority to HMRC, HMRC will give us access to your Self-Assessment records.

3. Our Fees

3.1 Our Services incur a fee which may be subject to change. Our current Fees (the “Fees”) are as follows:

3.1.1 No Fees will be charged unless a refund is successfully approved by HMRC. If you do not receive a Refund, we will not charge you for the services in connection with the relevant claim.

3.1.2 When a claim is successful and you are due a refund, our fee is 35% of your refund + VAT charged only on our fee (total cost to you of 42% at the current VAT rate).

3.1.3 If you have a debt owed to HMRC that we were not aware of at the time of submitting your Claim, we retain the right to charge our fee based on the entire overpayment amount determined from the services we provided.

3.1.4 Fees are still liable to be paid for any Claim or Self-Assessment Tax Return submitted to HMRC before the cancellation of our Contract.

4. How your refund will be handled

4.1 You authorise us to receive payment of all refunds for the years claimed on your behalf. In normal circumstances, where HMRC send your refund directly to us, we will automatically deduct our Fees and will send you a cheque for the remaining amount of the Refund in a promptly manner to the address you provided in your Online Application

4.2 If HMRC send your refund directly to you or a third party without our authorisation, you agree that you will still be liable to pay our fees, and we will:

4.2.1 Contact HMRC and request that the refund is reissued to us in accordance with the Deed of assignment, or

4.2.2 Send you an invoice for our Fees, and you shall pay our Fees by cheque, credit card, PayPal or BACS within 21 days of your receipt of the Refund.

4.2.2.1 If you do not pay our Fees within this period, we may take legal action necessary to recover any Fees owed to us.

4.3 If you lose the cheque that we send you, we will issue you with a new cheque after we have cancelled the original, but this will be subject to a cancellation and reissue processing fee of up to £25 to cover our administrative costs and bank charges.

4.4 Where you ask us to transfer your Refund internationally, we reserve the right to deduct a £50 processing fee to cover our administrative costs and bank charges.

4.5 We reserve the right to verify the identity of account holders and carry out other security checks before releasing any money to you.

4.6 In the event that a Refund is due and we have sent this to you, you will have 12 months from the date of us issuing that cheque to inform us in writing of any outstanding issues or to request a replacement payment. Once this 12-month period has expired, we will not investigate further enquiries regarding historic matters and We reserve the right to cancel any issued cheque and retain sole ownership of the entire Refund amount. You must notify us as soon as possible of any change of address to reduce the risk of a cheque failing to reach You.

5. Your Obligations

5.1 You accept at the time of entering and for the duration of the Contract with us that you agree to co-operate with us so that we can provide the services you wish for us to perform in accordance with our obligations.

5.2 You agree to provide us with any requested information promptly, and to make sure that this information is true, accurate, correct and complete, including taking all the necessary steps to obtain this information from other sources if required.

5.3 You must inform us about all your sources of income and the full amounts you receive, including any PAYE, self-employment, rental or pension income as well as any benefits received in the tax year for which We are completing a PAYE or Self-Assessment claim.

5.4 You are responsible for approving any PAYE or Self-Assessment claim before we submit it to HMRC.

5.5 You accept that you may have to pay back any Refund received where the claim was based on incorrect information provided by you. If that occurs, you will have no right to claim back any money from us, including our fee, unless we have made an error too.

5.6 You accept that as part of providing our service to you, we will conduct all relevant anti-money laundering checks on you, as required by law.

5.7 In circumstances where we are not able to verify your identity, we may carryout Enhanced Due Diligence, requiring 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.

6. Our Obligations

6.1 We will accurately process all information you provide to us and take all actions required in connection with the provision of our Services as quickly as possible.

6.2 We will not be liable for any delays in Refunds being paid to you that have been caused by events outside of our control, including but not limited to HMRC’s procedures and security checks.

6.3 We only claim overpaid tax in the United Kingdom, and we take no responsibility for any tax obligations you may have in other jurisdictions.

7. Tax Agent Authority

7.1 We will ask you as part of the claim process to authorise us as your Tax Agent via an official HMRC form (Form 64-8 “Authorising Your Agent”) and submit it to HMRC on your behalf.

7.2 By signing the Tax Agent Authority, it will allow us to:

  1. Act as your exclusive Tax Agent until the Tax Agent Authority is replaced or removed by you or us.
  2. Receive and process your tax data via correspondence and digital means from HMRC.
  3. Communicate with HMRC on your behalf to deal with issues related to your Claim

8. Deed of Assignment

8.1 As part of your Claim forms, we will include a Deed of Assignment for you to sign and submit it to HMRC on your behalf.

8.2 By signing the Deed of Assignment, you agree:

  1. We will receive any Refund that you are due from HMRC in relation to the Claim Period and promptly send you your Refund via cheque or bank transfer after deducting our Fees

8.3 The Deed of Assignment can only be removed by mutual consent from both parties (i.e. both you and us agree to remove it). This can be achieved by sending a letter to HMRC requesting that it be removed, signed by both of us. Please contact us (see contact details in paragraph 14) to request the removal of the Deed of Assignment and we will send you a letter to complete the process if we are satisfied that we have received a final outcome from HMRC in relation to your Claim.

8.4 If you believe we have received a Refund from HMRC not in relation to the Claim, please contact us (see contact details in paragraph 14). If we can verify the Refund was not generated in relation to the Claim we filed on your behalf, and no errors have been made by HMRC, we will forward it to you via cheque or bank transfer.

9. Cancelling your Claim

9.1 We reserve the right to cancel your claim at any stage, without providing you with a reason.

9.2 You have the right to cancel within a 14-day cooling-off period after entering into this agreement without any penalties or fees.

9.3 After the 14-day cooling-off period, you can request to cancel our contract using the cancellation form at the bottom of this page. However, you will still be liable to pay our fees for any Claim or Self-Assessment Tax Return submitted before the cancellation.

10. Data Protection

10.1 Documentation and information you provide to us to facilitate us to perform the services may constitute personal data under the Data Protection Act 2018. We will comply with the law as applicable.

10.2 We may pass your personal data to HMRC and Authorised Third Parties to perform the services or to the extent we are legally obliged to do so.

10.3 Please refer to our Privacy Policy on the Website, which provides full details on how we process your personal data, how to request erasure of your personal data and how you may contact us regarding our processing.

11. Our Liability

11.1 If we fail to comply with these terms and conditions, we will be responsible for reasonable loss or damage which you suffer if it is a foreseeable result of that failure. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.

11.2 We accept no liability for consequential loss or damage occurring as a result of, or in relation with an act or omission by us

11.3 Our total liability for any Claim you have against us shall in all circumstances be limited to the greater of:

  1. £600; or
  2. The amount of your Refund

11.4 Notwithstanding 11.2 and 11.3 we do not endeavour to exclude or restrict liability where such liability cannot be excluded or restricted by law

12. Law and Jurisdiction

12.1 These Terms and Conditions are governed by and interpreted according to English law.

12.2 Both parties agree to submit to the exclusive jurisdiction of the English courts except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

13. Complaints and Your Consumer Rights

13.1 If you are unhappy with the service, you have the right to make a compliant. You can do this by emailing [email protected] or in writing to us at the address set out below in paragraph 14.

13.2 In most cases your complaint will be resolved immediately. If you are unhappy with how we have handled your complaint, you have the right to request that your complaint is escalated to a manager who will review your complaint and the way it was handled.

13.3 Nothing in these Terms and conditions affect your consumer rights. You can contact Citizens” Advice Bureau or the Trading Standards” office for further information about your consumer rights.

14. Contact Details

We are Winchurch Services Limited. We are registered in England with number 12349393, and our registered office is Churchill House, 137-139 Brent Street, London, England, NW4 4DJ .
Our registered VAT number is 350675301

Cancellation Form

Please complete this form if you wish to withdraw from your Contract with Winchurch Services Ltd:

I hereby provide notice that I wish to cancel my contract with Winchurch Services Ltd, which was entered into on [insert date].
I agree that Fees still apply to Claims or Self-Assessment Tax Returns submitted to HMRC on my behalf before the cancellation of this Contract.

Name:
Customer’s Address:
Date:
Customer’s Signature (if submitting this for on paper):

Send the completed Cancellation Form by email to: [email protected] or by post to:

Winchurch Services Ltd
PO Box 79248
London
N3 9HG

© Winchurch Services 2024, all rights reserved.
Winchurch Services is incorporated under the Companies Act 2006 № 12349393 ICO № ZA715789