Terms and Conditions

1. Definitions
1.1 In these Terms & Conditions the following definitions apply:
“Claim”: a claim for tax rebate that we submit to HMRC in your behalf and/or (but not limited to) claim(s) in respect of overpaid tax arising from income received as a result of a successful complaint for mis-selling of Payment Protection Insurance (PPI).
“Client” “You” and “Your”: You – the tax payer(s) who have appointed Canary Refunds Limited to provide the Services.
“HMRC”: Her Majesty’s Revenue and Customs
“Refund”: any sums paid or awarded in respect of any Claim made by Us on Your behalf. This includes all non-monetary benefits in whatever form including (but not limited to) all benefits that will arise from any waiver, cancellation, reduction, saving, deduction or rescheduling of any outstanding tax or debt, gesture of goodwill, refunds, discounts. Where such an offer is revised subsequently, then the revised amount shall be used in order to calculate the amount of the Refund subject to You being still in contract.
“Fee”: Our Fee of 36% of the gross Refund awarded with a minimum fee of £30, set out more specifically in Clause 5
 “Services”: the work which We will undertake on Your behalf in respect of Your Claim including assessing the viability of, preparing, submitting and negotiating your Claim and which is set out more specifically in Clause 3.
“Terms” and “Agreement“: these Terms and Conditions or any subsequent version of these Terms & Conditions.
“Us”, “We” and “Our”: Canary Refunds Limited, a limited company registered in England and Wales with number 13153741 having its registered office at 93 Riefield Road, London, SE9 2RB.
1.2 References to statutes or rules include references to any re-enactment or modification of those statutes or rules from time to time;
1.3 Headings and numbering do not form part of this Agreement and are for reference purposes only.
 
2. Duration:
This Agreement shall commence on the date you sign and return it to us and, unless terminated earlier as per Clause 6 and/or 7 below, will continue until the earlier of:
I. Refund is recovered for You by Us and You have paid Our Fee, or
II.We have advised You in writing that in Our opinion Your claim is unlikely to succeed and we are declining to act for You, or
III. You have paid any invoice generated by Us in full relating to a particular claim, or cancellation fee.
 
3. We agree to:
a) Review Your Claim application and assess the likelihood of Your claim being successful.
b) If after We have reviewed Your application, it is Our opinion that Your Claim is unlikely to be successful We may decline to act for You. We will notify You of this in writing.
c) If We accept your Claim application, We will confirm this to You in writing and prepare and submit your Claim to the HMRC.
d) We will liaise with the HMRC and use reasonable endeavours to pursue Your Claim. This may involve the use of letters, statutory notices or other communication between Us and the HMRC and may, in some instances, also give rise to the HMRC contacting You directly.
e) We will notify You promptly of any requests for additional information or documentation that the HMRC has asked for in order to investigate Your claim.
f) Notify You in writing of any Refunds or offers of Refund made by the HMRC.
h) Notify You of any circumstances beyond Our control which prevent Us from performing the services under this contract.
 
4. You agree to:
a) Appoint Us as your exclusive representative to handle Your Claim. This means that You cannot appoint another person or firm to act on your behalf in respect of this Claim, unless you terminate this agreement with us;
b) Provide full written authority to Us to deal with the HMRC on Your behalf;
c) Provide truthful and accurate information regarding your Claim;
d) Provide copies of all documentation that are in your possession and which relate to the Claim;
e) Respond promptly to requests by Us for further information, or documents that may be needed to progress Your Claim;
f) Pay Our Fee due as a result of a successful Claim, or where a cancellation fee has been charged;
g) Upon receipt of an invoice for the Fee, You will pay the amount due to Us within 7 business days of You receiving the Refund;
h) When an offer for Refund is obtained from the HMRC on Your behalf which in the reasonable opinion of Us is fair and reasonable having regard to the relevant circumstances and that offer is rejected by You, then we reserve the right to charge a fee equal to the amount of the Fee which would have been payable in the event that You accepted that offer in line with Our advice;
i) In some instances, the HMRC may contact You directly. This may include communication by letter, email and/or telephone. In some instances, You may also receive payment direct from the HMRC. In the event that You receive correspondence or communication from the HMRC, You agree to notify Us of such communication and forward to Us any correspondence You have received direct from the HMRC;
j) Retain a copy of Our Terms and Conditions for your own reference.
 
5. Fees
a) Our fee is 36%  of the Refund which we obtain for you with a minimum fee of £30 as a result of a successful claim.
b) We will not charge You any fees if the Claim is unsuccessful, subject to Clause 6(c) and 7 below.
c) Where we receive Refund directly, we will issue You an invoice for the amount of Our fee and deduct the Fee directly from the Refund.
d) If the HMRC does not pay the Refund directly to Us, we will send you an invoice for an amount equal to our Fee on the gross Refund awarded by the HMRC.
e) Our Fee must be paid within 7 business days of You receiving the Refund or the benefit of the Refund. We have no control over when Refund is paid. We will assume that You have received the Refund within 28 days after the Claim being successful or You shall inform Us so We can investigate.
f) We reserve the right to charge You interest on all sums which have not been paid by You in accordance with Clause 5(e) at the Law Society Rate.
g) We reserve the right to charge You for any reasonable costs incurred in seeking to recover Our Fee from You (such as, for example (but not limited to) tracing agents, process servers, credit reference agency fees, public register search fees, etc). A £60  admin charge will be applied for pre-legal collections activity. You consent to Us accessing and requesting information and reports from Credit Reference Agencies in respect of both your claim and any recovery action required. If your debt is referred to a debt collection HMRC, additional charges may apply.
 
6. How You Can Cancel This Agreement
a) You have 14 days from the date of signing the Terms and Conditions to cancel Your authority for Us to act on Your behalf. Cancellation is without charge and You will have nothing to pay under this agreement. Cancellation must be notified to Us in writing and sent to Us via registered post or by email.
b) You can also cancel this Agreement at any time after the 14 day period referred to in Clause 6(a). Cancellation can be notified to Us, or can arise as a result of a breach of Clause 4 by You.
c) If a Cancellation of this agreement occurs in accordance with clause 6(b) above, We reserve the right to charge you a fee for the work undertaken on your behalf in good faith by Us. Where Clause 7(c) doesn’t apply, a reasonable Cancellation Fee of up to £250 will be applied either upon written instructions to Cancel from You, or as a result of a breach on Your part of Clause 4, for the work undertaken in processing Your Claim up to the date of cancellation. The Cancellation Fee is calculated at a rate of £12 per Unit Hence, 25 Units of work would reach the maximum charge of £250.
d) If at the time of cancellation described in Clause 6(b) above, we have received an offer of Refund, which has been calculated in accordance with the current legislation and which We recommend is accepted by You, we reserve the right to charge Our full Fee.
 
7. How We Can Cancel or Change This Agreement
a) We can cancel this Agreement by giving You 14 days’ notice in writing if any of the following events occur:
I. We become aware that Your Claim is unlikely to succeed.
II. You are declared bankrupt
III. You enter into an Individual Voluntary Arrangement with Your creditors or have a Bankruptcy petition presented against You.
IV. You do not follow any reasonable recommendations made by Us.
V. You provide information which You knew to be false or misleading in support of Your Claim and this information is material to the success of Your claim, e.g. if You have previously made a Claim yourself of through another HMRC.
VI. You fail to respond to reasonable requests for information in a timely manner and this prevents Us from providing the Services.
VII. We discover or reasonably believe that you are using the Services fraudulently or with the intent to commit fraud or any other illegal activity.
VIII. We discover or reasonably believe that a court in England or any other part of the United Kingdom has convicted you of a crime other than a motoring offence.
IX. We discover that you have breached any of the Terms of the Contract.
X. You fail a financial crime check that we perform on you or your Claim.
b) Subject to the notice period in Clause 7c below, We may change these Terms & Conditions from time to time to reflect the increased cost of providing the service to You, and/or to reflect changes or predicted changes in legislation, taxation or regulation,
c) If We cancel this Agreement in accordance with Clause 7(a) IV, V, VI, VII, VIII, IX, X above and that cancellation takes effect after the initial 14 day period of Clause 6(a), We reserve the right to charge a You a fee to cover Our reasonable costs for the work undertaken in processing Your Claim up to the date of cancellation.
d) If at the time of cancellation described in Clause 7(a) above, the Claim has been upheld, we reserve the right to charge Our full Fee on the forthcoming Refund.
e) If You have breached Your duties set out at Clause 4 We may cancel this Agreement.
f) If You accept an offer that We consider inadequate or reject an offer that We consider to be reasonable We may cancel the agreement and charge You a fee accordingly.
g) We will warn you if we intend to charge fees under Clauses 5(g), 6(c), 6(d), 7(d) and 7(f) and how much they are likely to be.
 
8. Complaints about Us
Our procedures to be followed in the event of a complaint. are: –
(a) Complaints may be made in writing; by e-mail or post in respect of a service that we have provided:
Post: Canary Refunds Limited 93 Riefield Road, London, SE9 2RB
Email: complaints@canaryrefunds.co.uk
 
9. General Conditions About This Agreement
9.1 This Agreement is governed by the law of England & Wales.
9.2 : We may transfer our rights and obligations under the Contract a third party. We will notify you in writing if this happens, and this will not affect your rights under the Contract.
9.3 You may only transfer your rights and obligations under the Contract to a third party with our prior written consent but You can terminate the Agreement in accordance with Clause 6 above.
9.4 Third party rights: No third party shall have any rights under the Contract unless we have given prior written consent.
9.5 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.

TC.20240403.0