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  • FIRST POST
    AstroBoy72
    Scammed by Entitlements Agency
    • #1
    • 16th Jul 12, 12:11 PM
    Scammed by Entitlements Agency 16th Jul 12 at 12:11 PM
    My wife was overpaying tax all last year so, we looked for the official tax website to find out how to get a refund. Like !!!!!!! idiots we thought taxrebate.co.uk was the official site to get the tax refunds so, filled out the form to get the refund pack. Filled out the form and waited for them to get back to us (still thinking it was a refund branch of the official HM Revenue & Customs).

    We received a letter from HM Revenue & Customs saying she was untitled to a refund and repayment would be made to The Entitlements Agency which we still thought was a part of the HM Revenue & Customs.

    Today we get a letter and cheque minus;
    17% processing fees +VAT.

    We were thinking why would the HM Revenue & Customs be charging fees when we realised that this is not all we thought it to be. You might think we were stupid but, there was no mention of any type of fees that would have to be paid and they made it look like they were from HM Revenue & Customs.

    Do we have any chance of getting this reversed or at least getting the fees reduced, we haven't put the cheque in the bank yet?

    I don't understand how this is allowed to happen, my wife worked very very hard for the money and we are in a situation where we really need it!

    Any advice would be great. BTW; they didn't send the P60 back with the cheque, should we be worried?
    Last edited by AstroBoy72; 16-07-2012 at 2:21 PM.
Page 4
    • dori2o
    • By dori2o 11th Mar 16, 10:53 AM
    • 7,346 Posts
    • 12,244 Thanks
    dori2o
    I also requested a tax claim form pack but was only sent a tax claim form I have now just been sent an authorisation letter that they want me to sign allowing them to act as my agents if I haven't given them authority then the tax office should not release any rebates due should they ?
    Originally posted by Kaycee63
    No they shouldnt.

    Use the correct agency folks, it will save you hassle in the future.
    Originally posted by DCFC79
    I have just learnt through HMC that unless I cancel the contract with this company that I am locked in for the following term: 2010 through to 2016 which mean any tax rebate i may have for this period of time has to go through this company! I am sure there was no mention of the length of term of the contract I thought it was a one off! There was also no mention of a fee for doing this.
    Like you the papers that came through the door looked like they were form the HMC department not a private company. I hadn't thought about the P60 form!
    The government needs to shut this company down. I will never reclaim tax for that period of time again because they are not getting any more of my money!
    Currently they are not doing anything wrong, unless they are breaking the law or acting outside the guidelines set for them there is nothing that can be done. I deal with these claims (we get thousands every week) and I've seen the claim forms from many different companies.

    In my opinion the biggest problem with many of these companies is that they do no work at all with regards to these claims other than to distribute their claim forms, or make themavailable tofillin and print off fromthe internet. They don't check claims to ensure the person is claiming the right thing, many don't submit a 64-8 or include a substitute 64-8 within the claim form, and they don't in most cases even provide a restricted authority (similar to a 64-8 but only allows them to deal only with the claim and no other part of the customer record).

    They don't even check to see if the taxpayer has submitted claims with thembefore and therefore already received the tax relief they are claiming for.

    Other than providing the forms the only work some of these companies do is to cash the payableorder/cheque when it is received.

    Originally posted by Force5
    There seems to be some confusion here over the authority of the 'agent' to receive the repayment.

    Having a 64-8 authority on the record is not enough for the refund to be automatically issued to the agent.

    Even where a 64-8/64-8 substitute is received and authority is held on the record,it still requires confirmation fromthe taxpayer to advise they want the refundto be issued to the agent. Without that request the refund would be issued to the taxpayer.

    Also, you do not have to have an authority on the record in order for the repayment to be issued to your agent or nominee. Simply providing the details of where you want the refund to go is sufficient.This is what is known as a R38 or Bare Nomination. The taxpayer remains in control of this and can at any time prior to the repayment being issued terminate that request and ask to be issued the refund directly.

    However, these refund companies have been burned too many times by taxpayers phoning up and cancelling the R38 and then not paying the refund company for the 'work' done.

    The refund companies then started to change their forms and rather than just including a Bare Nomination for them to be issued the refund, they started to include a Deed of Assignment,

    This guarantees that they receive any refund due aslong as theirs is the only assignment in place.

    If a taxpayer legally assigns a repayment to a third party by a deed or letter, that third party (the assignee) becomes the person (or company) legally entitled to the repayment. The deed or letter of assignment is legally binding and we have no option but to issue the repayment to the person (or company) to whom it has been assigned.


    The assignment can only be revoked if both the taxpayer who made the assignment and the person to whom the repayment was assigned both agree to it being revoked. The agreement to revoke the assignment must be in writing and signed by both parties before being sent to HMRC. Note: An Agent cannot revoke an assignment on his client’s behalf. Both parties to the assignment must sign an agreement to revoke the assignment otherwise it must be returned and the appropriate signatures requested.
    by HMRC Guidance
    However, an assignment is only valid if:
    An assignment may be made by either a deed or letter and in both cases in order to be valid must meet the following criteria
    • It must be absolute, that is it must transfer the right to the repayment from the taxpayer to the assignee unconditionally
    • It must contain a written signature made by the taxpayer entitled to the repayment (‘wet’, scanned, photocopied and faxed signatures are all acceptable)
    • The actual assignment must be submitted to HMRC (telephone call reporting it's existence or photocopy will not suffice)
    by HMRC Guidance
    The Deed/R38 shouold form it'sown section within the claim form.It must state that the payment is assigned UNCONDITIONALLY, and the signature should be the last part ofg the section,i.e.there can be no further terms/conditions noted after the signature box.

    As well as those criteria above the way the forms are set out is specific. The claim form itself cannot contain the main terms and conditions of the agreementwithin the actual claim, deed of assignment, 3rd party authority. The T&C can formpart of the document, but should be on a seperate sheet/page

    HMRC produced new guidelines and specifications fromAugust 2015 which laid down how these companies must set out their claim forms,what must be included, what must not be included, etc etc

    Any terms that are included within the claim document must contain a paragraph confirming HMRC are not aware of and do not condone the T&C's, and theymust also not be contained within the Deed/R38 signature section.

    Also, the assignment CANNOT include future years, that includes the current tax year as the tax is not deemed paid until after 5 April of the year in question. So as it stands at todays date an assignment can only assign the repayment to the assignee for the tax years 2011/12, 2012/13, 2013/14 and 2014/15.

    Any assignments that do not conform to the relevant specifications, or which include future years are rejected and returned to the agent, and the claim is not processed.

    Unfortunately once you have assigned a year or a number of years to these companies, then unless you can get them to agree to revoke the assignment, that company effectively owns any tax refund/relief due for those years, but only those years. The assignment is not a continuing arrangement.

    Having a Deed of Assignment in place is NOT the same thing as giving authority for that company to act on the taxpayers behalf.

    Unless the refund company submits a 64-8, 64-8 substitute or provides a signed restricted authority additionally or included within the claim form, then they do not have the ability to call/write to HMRC and request information/ask about the claim etc.

    You can only have 1 Deed of Assignment for each year. If you were to submit an assignment to one company and claim a tax refund of tax you had overpaid, then the refund would be issued to the assignee

    If you were then to sign another assignment with another company to claim tax relief on expenses that you had forgotten in the original claim, and the claim included a year(s) that were included in the original assignment (which had not been revoked), then the original assignment would take precedent for those years which were originally assigned tothem, and the original company would receive the repayment for those years. The new company would only receive repayments due which have not been assigned previously.

    We see this issue alot as people just fill in these claim forms without thinking, even if they have had the refund/relief due previously. I've seen cases where a person has filled in 4 or 5 of these claim forms within a 6month period assigning each one to a different claims company, and most of the time they are claiming for exactly the same tax relief in each claim (uniform laundry expenses). Not only is it a waste of the taxpayers time, it's a waste of HMRC resources having to deal with multiple claims for the same expenses from the same person. Whilst the refund company has no associated costs,they just wait for the money to roll in.
    Last edited by dori2o; 11-03-2016 at 11:13 AM.
    To equate judgement and wisdom with occupation is at best . . . insulting.
    • Crinkleduster
    • By Crinkleduster 8th Jul 16, 2:14 PM
    • 2 Posts
    • 0 Thanks
    Crinkleduster
    Avoid like the plague..... You know this now. Especially Taxrebate.co.uk robbing !!!!!!!s. They charge almost 50% of the refund for NOTHING. It's just directed through them. Scumbags.
    • Crinkleduster
    • By Crinkleduster 8th Jul 16, 2:19 PM
    • 2 Posts
    • 0 Thanks
    Crinkleduster
    Taxrebate.co.uk scam
    Make no mistake it is a scam. Loosely legal.... Somehow but absolutely disgusting activity. 40% of your tax back to them PLUS other fees! AVOID these scumbags.
    • mlnr21
    • By mlnr21 18th Jul 16, 2:43 PM
    • 1 Posts
    • 0 Thanks
    mlnr21
    Similarly I did this, realising my mistake after I had sent off the forms to the company.
    Fortunately I contacted the HMRC to receive my repayment before the entitlement agency had sent the forms to the HMRC. Will they still be able to take a percent of this?
    • Eprincess
    • By Eprincess 25th Jul 16, 6:50 PM
    • 1 Posts
    • 0 Thanks
    Eprincess
    Need some advice please
    I filled in a tax return form from hmrc few months ago received my tax code for this year and then a letter saying I was due some tax however haven't received anything yet so I rang hmrc the gentle man on the phone said to me they have sent the money to the tax repayment agency and that they would take a percentage and send me the rest why would they send money to an agency when I went directly to hmrc? How would I get the full amount what I'm owed
    • Dazed and confused
    • By Dazed and confused 25th Jul 16, 9:29 PM
    • 1,868 Posts
    • 831 Thanks
    Dazed and confused
    Need some advice please
    I filled in a tax return form from hmrc few months ago received my tax code for this year and then a letter saying I was due some tax however haven't received anything yet so I rang hmrc the gentle man on the phone said to me they have sent the money to the tax repayment agency and that they would take a percentage and send me the rest why would they send money to an agency when I went directly to hmrc? How would I get the full amount what I'm owed
    Originally posted by Eprincess
    What exactly did you fill in/sign a few months ago? Did you do this by logging into your own personal self assessment account on gov.uk?
    Have you ever used an accountant or tax refund company in the past, even several years ago?
    • Mph
    • By Mph 13th Sep 16, 2:40 PM
    • 2 Posts
    • 3 Thanks
    Mph
    I feel your pain
    My daughter has just returned from working abroad. She was directed to The Tax Repayment Agency after googling tax rebate and has been charged a massive 40%! I accept she should have read the small print but genuinely thought she was on the correct website. A very costly lesson learned. Shouldn't these agencies be named and shamed somehow?
    • mkgb
    • By mkgb 14th Nov 16, 9:49 PM
    • 1 Posts
    • 1 Thanks
    mkgb
    How to get your money back
    I realise this reply is being written a long time after the original posts but it may be found by someone.


    If you feel you have been scammed and unfair deductions have been made form your TAX claim, here is how to deal with it:


    We got our money back from the Entitlements Agency by complaining through the Legal Ombudsman. The ruling was in our favour on a large number of points, including misleading website and lack of contract and lack of information about the right to cancel / cooling off period. Entitlements agency had the cheek to try and argue that they weren't selling anything and therefore there was no need for a contract. LOL. They are of course selling a service.


    When searching for Entitlements Agency on Google now brings up The Tax Repayment Agency. have they changed their name, the web site looks familiar. Anyway, I'm sure the method of getting your money back would apply to many such 'service providers'


    I suggest you could also go directly to small claims court as a precedence has now been set by this ruling. Either way persevere and get your money back. Don't let them get away with it.
    Last edited by mkgb; 14-11-2016 at 10:56 PM.
    • a loforese
    • By a loforese 19th Jun 17, 1:30 PM
    • 2 Posts
    • 0 Thanks
    a loforese
    Hello you All,


    19/06/17


    Same thing happen to me just received cheque minus 40% commission plus VAT. what all of you mentioned previously it s happen to me, not aware I wasn't dealing with HMRC. They use same format of HMRC documents also same colour , pale green. Apparently they charges what they like,
    Someone in the authority need to do something to stop this scam. We are all honest scammed citizen
    • a loforese
    • By a loforese 19th Jun 17, 1:34 PM
    • 2 Posts
    • 0 Thanks
    a loforese
    good News
    Hi Thank you, for the information, I will do the same
    • dori2o
    • By dori2o 21st Jun 17, 5:57 PM
    • 7,346 Posts
    • 12,244 Thanks
    dori2o
    I realise this reply is being written a long time after the original posts but it may be found by someone.


    If you feel you have been scammed and unfair deductions have been made form your TAX claim, here is how to deal with it:


    We got our money back from the Entitlements Agency by complaining through the Legal Ombudsman. The ruling was in our favour on a large number of points, including misleading website and lack of contract and lack of information about the right to cancel / cooling off period. Entitlements agency had the cheek to try and argue that they weren't selling anything and therefore there was no need for a contract. LOL. They are of course selling a service.


    When searching for Entitlements Agency on Google now brings up The Tax Repayment Agency. have they changed their name, the web site looks familiar. Anyway, I'm sure the method of getting your money back would apply to many such 'service providers'


    I suggest you could also go directly to small claims court as a precedence has now been set by this ruling. Either way persevere and get your money back. Don't let them get away with it.
    Originally posted by mkgb
    I realse that this post is more than 6 months old but I'd be very interested to know whether you have passed this information on to HMRC for them to look into further?

    Does anyone know if its possible to review this decision online?
    To equate judgement and wisdom with occupation is at best . . . insulting.
    • Steh
    • By Steh 1st Jul 17, 3:16 PM
    • 1 Posts
    • 0 Thanks
    Steh
    Hello you All,


    19/06/17


    Same thing happen to me just received cheque minus 40% commission plus VAT. what all of you mentioned previously it s happen to me, not aware I wasn't dealing with HMRC. They use same format of HMRC documents also same colour , pale green. Apparently they charges what they like,
    Someone in the authority need to do something to stop this scam. We are all honest scammed citizen
    Originally posted by a loforese

    Hi I have recently just got myself into.this mess too. Today infact. Seen.as your the most recent to be mislead canyou tell me what happens next? Ive filled put all the online forms and they say they could get me £600+. Am I right in thinking they will send me a cheque for pretty much half that? How.fast did all.this.happen for you? Does the cheque cash? In all honesty if they do send me £300 say im happy to just accept ive screwed up here.and lost £300+ in the process......an expensive lesson but would rather end the headache there. Can anyone tell me if the above was the case it would all be over after I cash the cheque and I can.just forget I ever made the mistake in the first place?
    • Dazed and confused
    • By Dazed and confused 1st Jul 17, 9:49 PM
    • 1,868 Posts
    • 831 Thanks
    Dazed and confused
    What exactly have you signed? With some of these companies it may not be an end to the matter, have you signed away any future tax refunds as well?

    What if you realised you could claim a tax allowance you didn't previously know about and did this yourself have you signed something which means this company would be entitled to 40% of that as well even if they don't actually do any more work for it?

    £600 is an unusually high amount, are you sure that is correct?

    Once this is resolved you could always write to HMRC and tell them this company is no longer your tax advisor.
    • dori2o
    • By dori2o 3rd Jul 17, 12:26 AM
    • 7,346 Posts
    • 12,244 Thanks
    dori2o
    What exactly have you signed? With some of these companies it may not be an end to the matter, have you signed away any future tax refunds as well?

    What if you realised you could claim a tax allowance you didn't previously know about and did this yourself have you signed something which means this company would be entitled to 40% of that as well even if they don't actually do any more work for it?

    £600 is an unusually high amount, are you sure that is correct?

    Once this is resolved you could always write to HMRC and tell them this company is no longer your tax advisor.
    Originally posted by Dazed and confused
    D and C:

    You cannot actually assign future tax years any more. HMRC started to enforce this rule rigourously from early 2016 onwards, and all of these companies should be aware of this fact.

    In order for the assignment to be valid it must only apply to an in date tax year where the tax is actually deemed as paid which HMRC consider to be as of the end of the tax year.

    Even the current tax year cannot be assigned until the year has ended, so after 5 April.

    The only exception is where the taxpayer is making an in year cessation claim,I.e where they declare they will not be working again in the current tax year, or because they are leaving the UK.

    Steh:

    Have you actually signed anything?

    A claim for repayment via one of these agents must contain a 'wet signature', as must the deed/letter of assignment.

    The only exception is where you are only claiming flat rate expenses which can be given without signature, but still without a valid signature the deed/letter of assignment would be invalid.

    With many of these companies you fill in the forms online, they then send you the completed documents for you to sign and either return to them, or they provide an envelope for you to send direct to HMRC.

    If you have never provided a physical signature to them, or to HMRC in respect of this claim, then as yet you should be OK.

    If you have signed something get on the phone to HMRC immediately (when they next open) and see if they have received the documents.

    In terms of the Deed/Letter of assignment, HMRC consider it is valid only from the date it is received, not the date of signature. So if you call and it's not been received then you should be OK. Deal with the claim over the phone, and get HMRC to issue it to you.

    The date of signature is only an issue should the claim form be post dated, I.e dated 6 April but received by HMRC in Mid March. Again this would render the assignment invalid.

    There are 2 types of nomination when it comes to giving yor refund to an agent.

    In the wording for Deeds/Letters of assignment it must state that you unconditionally assign the tax refund to the company. Without this wording appearing on the claim form the assignment would be invalid.

    Assuming the assignment is valid then HMRC MUST abide by it and it cannot be cancelled for those years without a letter signed by both parties.

    The 2nd nomination is whats called a Bare Nomination.

    This is where you ask HMRC to send the payment to a 3rd party, but it is not legally binding.

    With these you can call HMRC and ask for the payment to be issued to you.

    Payment of the refund to the nominee in Bare Nomination cases is done entirely at HMRC's discretion and there are a number of reasons why HMRC might decline the nomination and issue the refund to the taxpayer.

    However, it is likely that you will have signed a contract with the agent to agree to pay their fee's. If you were to call HMRC and tell them to ignore the bare nomination then there is every possibility that they could persue you through the courts for their fees.

    I have seen it done.

    To be honest, IMO, these companies do very little to justify their fees.

    Very few of them act like true agents/tax accountants would.

    They dont call to check the tax record, they dont check whether you've already received the tax relief you are looking to claim, they dont call to check your tax code, they dont do what real accountants do to ensure your tax planning is correct.

    In the vast majority of cases they dont even check your claim form, and a few of them even encourage you to make claims for expenses that are not allowable in any circumstance.

    So in a lot of cases they are charging you to use your own electric and broadband to fill in the form. Some are charging you to print off your own form, to provide the paper, ink, envelope and stamp, take the time to post the claim, and all they do is process your payment.

    If your going to use an accountant, use a proper one who has the necessary qualifications and is registered with a governing body.

    Alternatively, sign up for a Personal Tax Account online and submit a P87 online, download the form, follow the instructions, and send the form, or phone HMRC and deal with your claim with a telephone adviser.

    HMRC charge no fee at all to deal with your claim.
    To equate judgement and wisdom with occupation is at best . . . insulting.
    • dori2o
    • By dori2o 3rd Jul 17, 12:30 AM
    • 7,346 Posts
    • 12,244 Thanks
    dori2o
    Just out of interest, has anyone assigned their refund to one of these companies in earlier years, but then found they have also claimed a 2016/2017 refund despite the fact you have not signed anything for 2016/2017?

    If this has happened to you can I suggest you call HMRC immediately and discuss this with them. But you might also want to see if the company is registered with a financial Governing Body and complain to them, you might even consider getting some advice from somewhere like Action Fraud.
    To equate judgement and wisdom with occupation is at best . . . insulting.
    • Porchia
    • By Porchia 6th Aug 17, 7:18 AM
    • 1 Posts
    • 0 Thanks
    Porchia
    It's not a reply but these people help@taxrebate.co.uk are scams. A warning to all. You don't need these people to claim your refund on your behalf and take 40% of it or in some cases take all of your hard earn money. I have always claimed my tax refund in all my life and never needed anyone to do it for me. I re-joined an employment agency in Jan 2016 had to rush in to sign a contract before I could start an urgent assignment. Signed documents thinking just for contract to start work and in between there were forms not knowing for these people tax rebate.co.uk (don't get them mix up with HRMC). Anywhere although I had claimed my refund myself this year, not knowing the agency whom I haven't worked for for over a year has sent these forms off to the tax rebate people and they have claimed my refund of £579. I had never heard of these people before till July when I telephoned the HRMC to find out how long before I received my refund to be told these people have claimed it. They gave me the email address to contact them which is help@taxrebate.co.uk. I contacted them and in the meantime I am To and fro with them and going to seek legal advise. After contacting them a few times, they then sent me letters and forms, another set of forms which they said I signed, another set of forms filled in typed which wasn't me not signed and letters attached which I have never received and was first time seeing them attached in the email. One letter stated please find enclosed £301 this is back in June 2017 and I have never seen this cheque at all, not even the letters came to my home. Someone is not quite right here. I am not going to let this drop as the agency had no right sending these forms off to these people when I hadn't worked for them for over one year. Those forms should have been shredded. Please note that I have never spoken to these people by form or by any correspondence before, I have never asked them for any forms to authorise them for any help. I tried phoning them this week 4th Aug 2017 for the first time and you get an answer phone. I left a message for Brendan to call me back and I am still waiting for a call. (some director on one of the document attached to my emails) and. This company is dodgy. There number is 0800 612 2804 avoid like the plague. If you want to claim your tax refund you either do nothing and you will be sent a cheque at the end of the tax year once all P60's are in to calculate how much tax you've paid or call the legit HRMC on 0300 200 3300 which is the one I had used to claim my refund then this company tax rebate sent in forms unknown to me and without my knowledge.
    • le loup
    • By le loup 6th Aug 17, 8:49 AM
    • 3,641 Posts
    • 3,572 Thanks
    le loup
    Very helpful, I'm sure. But have you ever heard of paragraphs? They really help reading and comprehension.
    • 00ec25
    • By 00ec25 6th Aug 17, 12:51 PM
    • 5,382 Posts
    • 4,732 Thanks
    00ec25
    Someone is not quite right here.
    Originally posted by Porchia
    yes, you have not understood how the process operates and, as you yourself admit, you signed forms in a rush without having understood what you were signing. The single most "not right" thing you could do.
    I am not going to let this drop as the agency had no right sending these forms off to these people when I hadn't worked for them for over one year.
    Originally posted by Porchia
    the agency had every right to send off forms you had willingly signed to state that you were happy for another company to provide the service to you which you had signed up for

    Those forms should have been shredded. Please note that I have never spoken to these people by form or by any correspondence before, I have never asked them for any forms to authorise them for any help.
    Originally posted by Porchia
    you were presented with forms that you willingly signed. The fact you did not understand there was no end date to the reclaim service you agreed to buy from the company is your fault.

    the forms should not have been shredded, they remain valid until such time you instruct HMRC that the company is no longer your agent and all future refunds must be paid direct to you. There are loads of posts in this thread explaining that

    the terms under which you can cancel the contract with the reclaim company itself will be set out in the contract you signed. You may or may not be penalised for cancelling "early" since we have no idea what is in the contract you signed.

    This company is dodgy
    Originally posted by Porchia
    please let us know how your libel case went
    Last edited by 00ec25; 06-08-2017 at 3:51 PM.
    • ShafTheMan
    • By ShafTheMan 10th Aug 17, 7:50 PM
    • 1 Posts
    • 0 Thanks
    ShafTheMan
    Hi, I received a letter from hmrc say I'm owed x amount of money. It says on the letter that they have sent the cheque off to the tax repayment agency. How did you get your money back? And how long did it take. Thank you
    • TM1976
    • By TM1976 16th Aug 17, 12:50 PM
    • 716 Posts
    • 281 Thanks
    TM1976
    The Entitlements Agency went into administration last year. If they owe you money you need to contact their insolvency practitioner IPD in Stoke.

    http://www.ipd-uk.com/

    I understand that since then they have been trading through a different company "The Tax Repayment Agency Limited".

    When I see a post like this I usually think it's the fault of the poster who hasn't read the terms but this company actually don't state the terms anywhere but they do give their forms for download which assign the whole refund to "The Tax Repayment Agency Limited".

    I can't see how this can be a legally binding contract and I'd advise anyone who downloaded the forms from "The Tax Repayment Agency Limited", completed and returned them to try to claim the whole amount back through the small claims court on the basis that no contract was entered into for them to be charged anything.
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