HMRC sent a cheque to tax refund company and one directly to me. Some advice, please.

[Deleted User]

The story so far:

Wife fills in online survey to see if we are eligible for a married persons tax allowance refund. Does not proceed. End of. Or so we thought.

A few months later, I receive a cheque for £244 for overpayment of tax. Excellent, thinks I. Nice little bonus to pay for Christmas.

The following week, I receive another HMRC cheque for £693, explanation (P800) to arrive later by post. Brilliant thinks I, really happy with that!

A day or two later, another HMRC letter arrives with two P800 documents in but this time it states that a further check for £250 has gone directly to the claims company my wife filled the survey out with along with a copy of the P800 that relates to the cheque for £693. Now I am properly confused. I spoke to HMRC and they say that the first cheque for £244 went out before the claims company contacted them but as the other two checks were sent out afterwards, The claims company can collect the fees on both of them. I wouldn't mind but their fees are 41%! This was the reason, my wife took it no further.

My questions are:

How can the claims company proceed without authorisation from myself?

Can they claim nearly half of the cheque sent directly to me for £693?

The HMRC have said that there is now a "deed of assignment" in place from the years 2016/17 to 2019/20 with this company going forward and that they must receive notice from the claims company before they can cancel it. Does this mean that until the deed is cancelled, the claims company will receive any future repayment cheques?

Please let me know if any further information is required.

dunstonh

How can the claims company proceed without authorisation from myself?

Check your contract.  Claims companies frequently have clauses that allow them to charge against redress/refunds in others areas.

Can they claim nearly half of the cheque sent directly to me for £693?

There is no limit on things like this. So, they could charge you 99% theoretically.

[Deleted User]

dunstonh said:

How can the claims company proceed without authorisation from myself?

Check your contract.  Claims companies frequently have clauses that allow them to charge against redress/refunds in others areas.

Can they claim nearly half of the cheque sent directly to me for £693?

There is no limit on things like this. So, they could charge you 99% theoretically.

I have received nor seen any contract.

[Deleted User]

Sorry, that should have read, I have NOT received or seen any contract.

[Deleted User]

I just want to clarify: Fair enough, I effectively got some money for doing nothing but I am worried that any further tax refunds will go to this company rather than myself. I am a bit galled that I may have to pay them nearly half of the larger cheque. I am just trying to find out if they have a legitimate claim for it. I just don't want to be taken for a ride due to my ignorance on how these things work.

I am finding difficult to find information and advice elsewhere as I have no idea what search terms I should be using.

Many thanks in advance for any advise proffered.

[Deleted User]

Advice, even. Wish I could type!

Skint_yet_Again

Ask HMRC for a copy of the signed form. It has to be signed & should show which years 

[Deleted User]

I have not signed any forms.

Skint_yet_Again

That’s why you need to ask HMRC for a copy of the deed of assignment. It is my understanding they have to be signed 

[Deleted User]

I have seen no Ts & Cs. I was not informed of any fees. I have not signed any paperwork of any kind. The more I find out about this, the more something smells off. I will be contacting HMRC to inform them as such and try and get a copy of this supposed signed deed of assignment.

[Deleted User]

I definitely did not give any form of permission to continue or form any sort of contract. Neither of us received an form of Ts & Cs, statement of fees or documentation to sign either electronically or on paper, yet the HMRC claim to have a signed deed of assignment from me. I have tried to contact the company involved but they are not returning my calls. I am beginning to wonder if I should seek legal advice.