DEFINITIONS
This Agreement forms a contract between you the ‘Client(s)’ and Fast Track Reclaim (Goldman Knightly Solicitors). Fast Track Reclaim is a trading name of Goldman Knightly Solicitors whose address is Goldman Knightly Solicitors, Ground Floor, Newspaper House, 40 Churchgate, Bolton, BL1 1HL. You should not sign this contract until you have read the agreement and services that Goldman Knightly Solicitors 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 Goldman Knightly Solicitors with your instruction you agree to and are bound by the Goldman Knightly Solicitors Terms and Conditions.
1. SERVICE
1.1 These are the terms on which Goldman Knightly Solicitors 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 Goldman Knightly Solicitors will assist with your claim on a ‘No Win No Fee’ contingency basis.
1.3 You are aware that you could approach HMRC directly at no cost.
1.4 We will not process your claim until we receive your instruction.
1.5 The Questionnaire is to allow us to provide HMRC with the information required for your claim(s).
1.6 You agree to answer all questions honestly and to your best ability and understand that Goldman Knightly Solicitors are in no way responsible for any incorrect information you provide. You understand that you will take full responsibility for this.
1.7 Once your instructions have been received Goldman Knightly Solicitors has the right to deal exclusively with the claim(s), unless otherwise agreed in writing by you and Goldman Knightly Solicitors.
1.8 You understand that any successful claim(s) will be subject to fees as set out in Clause 2.
1.9 You will deal promptly with requests by Goldman Knightly Solicitors for authority, information, documents or further requests that Goldman Knightly Solicitors might make.
1.10 You will inform Goldman Knightly Solicitors promptly of any relevant matters affecting the claim(s), such as direct contact from HMRC requiring our attention.
1.11 Goldman Knightly Solicitors will use reasonable endeavours to obtain compensation for the claims pursued.
1.12 Goldman Knightly Solicitors will promptly notify you if Goldman Knightly Solicitors decides not to pursue your claim(s) and cancel this Agreement under Clause 6.
1.13Goldman Knightly Solicitors will promptly notify you of the claim(s).
1.14 If the claim is unsuccessful, Goldman Knightly Solicitors will endeavour to inform you.
2. Goldman Knightly Solicitors FEES
2.1 No fees will be charged to you in respect of an unsuccessful claim. Where a claim is successful, Goldman Knightly Solicitors will charge a contingency fee representing no more than the greater value of either 30% plus VAT or £25.00 plus VAT at the prevailing rate (currently 20%) in respect of any redress/compensation/goodwill/rebate payment recovered on your behalf. The contingency fee of 30% plus VAT or £25.00 plus VAT is calculated before any applicable tax payment/deduction of which you are liable. Under no circumstances will you be required to pay more to us than this amount.
Example 1. Tax Rebate is in excess of the minimum charge
Refund Received
Tax Refund: £1000.00
Fee charged @ 30%: £300.00
VAT @ 20%: £60.00
Total Fee (Fee + VAT): £360.00
Consumer Receives: £640.00
Example 2. Tax Rebate is equal to the minimum charge
Refund Received
Tax Refund: £30.00
Minimum Fee charged: £25.00
VAT @ 20%: £5.00
Total Fee (Fee + VAT): £30.00
Consumer Receives: £0.00
Example 3. Tax Rebate less than the minimum charge
Refund Received
Tax Refund: £18.00
Minimum Fee charged: £15.00
VAT @ 20%: £3.00
Total Fee (Fee + VAT): £18.00
Consumer Receives: £0.00
2.1.1 Where the value of redress/compensation/goodwill/rebate received from HMRC falls below £25 plus VAT, Goldman Knightly Solicitors 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. Goldman Knightly Solicitors reserve 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 Goldman Knightly Solicitors 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 overall average amount a client 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 Goldman Knightly Solicitors has been informed by HMRC that this is the case and/or Goldman Knightly Solicitors 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 Goldman Knightly Solicitors are forced to either take court action or appoint a debt collection agency to recover outstanding monies, Goldman Knightly Solicitors 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 Goldman Knightly Solicitors will run ID Verification checks (required by the HMRC) which means that there could be a soft search on your credit file. This will not affect your credit rating.
2.4 If you request us to re-issue a cheque that we have previously sent to you, we will charge you a Fee of £19.99. 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.
3. REGULATORY BODIES
Fast Track Reclaim is a trading name of Quickly Finance Limited who are authorised and regulated by the Financial Conduct Authority FRN836013. We are registered with the Data Protection Controller and will always endeavour to keep all of your personal information secure and safe. We are registered as an Agent with HMRC and registered with HMRC Anti-Money Laundering Supervision service registration number XZML00000158662.
4. CONCERNS ABOUT OUR SERVICE
Goldman Knightly Solicitors 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: Goldman Knightly Solicitors, Ground Floor, Newspaper House, 40 Churchgate, Bolton, BL1 1HL.
Alternatively, you may register your dissatisfaction via email to info@goldmanknightley.co.uk, or via the telephone on 01204 563 533. We will acknowledge your complaint within 5 working days and advise you of how we plan to resolve your concerns at the earliest opportunity. A copy of our Internal Complaints Procedure can be found in our Customer Information and is also available upon request.
5. AGREEMENT
This agreement will be effective from the date you give your instruction to Goldman Knightly Solicitors 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.
If you have any queries relating to these terms and conditions, then please contact us on 0845 459 8895 before signing.
6. TERMINATION
6.1 Once you have provided your instructions to Goldman Knightly Solicitors and the claims process has begun you may terminate this agreement with Goldman Knightly Solicitors 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 Goldman Knightly Solicitors are instructed to do so, they will acknowledge that the agreement has been terminated in writing.
6.2 You acknowledge that once a claim has been successful or you receive any benefit from instructing Goldman Knightly Solicitors 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.
6.3 In some cases, Goldman Knightly Solicitors may decide that they are unable to continue to act for you. Examples of where this may occur are: if Goldman Knightly Solicitors 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.
7. DISCLAIMER
7.1 Goldman Knightly Solicitors is not responsible for the refund of tax or the rejection of a claim where:
7.2 The Client(s) has provided information which that is false, incorrect, inaccurate, insufficient, or misleading in any way.
7.3 The Client(s) has already applied for and/or received a refund of tax prior to making a claim with us.
7.4 The Client(s)owes money to HMRC.
7.5 HMRC has information that is different to that provided by you.
7.6 If HMRC determine that a refund of tax has been made incorrectly and ask for it to be paid back. Goldman Knightly Solicitors are under no obligation to refund our fee in this instance however where possible, we will do so.
7.7 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.