Deed of assignment

Lovelylillies

My father has recently recieved a letter explaining his tax refund is being sent to '' trusted group holdings limited'' this company was only opened in 2018.

After some phonecalls we have discovered this is down to a form he filled out regarding a uniform and tool rebate on a site he worked on in 2015, so my 2 questions would be:

Knowing the company only started in 2018 how can they act on his behalf on the back of a form filled out in 2015?

HMRC have said it's a deed of assignment, is there a way that this can be revoked so he receives his own tax rebates?

Thank you in advance for any help you can offer. 

MallyGirl

I will move this to the tax section 

[Deleted User]

It is simply a matter of contacting HMRC and removing the authorisation. HMRC would hold a form known as 64-8 granting this which, presumably, was signed by your father. It could well be that the original company was taken over by the current company.

Lovelylillies

Can HMRC do that? As after speaking to them they weren't overly helpful in saying they would. 

[Deleted User]

Lovelylillies said:

Can HMRC do that? As after speaking to them they weren't overly helpful in saying they would. 

They must withdraw the current authorisation if duly informed. Have your dad contact HMRC again - around 8am is the best time to telephone.

sheramber

A deed of assignment is more than  64-8
https://www.gov.uk/hmrc-internal-manuals/self-assessment-manual/sam110130

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..............

Jeremy535897

It is not normally possible for deeds of assignment to apply to refunds for future claims. See https://www.litrg.org.uk/tax-guides/tax-basics/how-do-i-claim-tax-back/should-i-use-tax-refund-company

[Deleted User]

From their website - clause 8.3 to cancel.
The company charges 42% of any refund plus £100 both inclusive of VAT. A single claim worth £250 tax refund would result in the claimant receiving £45.

https://marriagetaxclaim.com/terms-and-conditions-of-service.php

[Deleted User]

Perhaps I understate when I find this misleading. It does state that, upon submission of the online form (to the company) an HMRC officer will check the claim. If the claim is successful a cheque will be sent. All of this is true but I would be expecting the cheque to be coming from HMRC. I guess that would my mistake for assuming that.

unholyangel

[Deleted User] said:

Perhaps I understate when I find this misleading. It does state that, upon submission of the online form (to the company) an HMRC officer will check the claim. If the claim is successful a cheque will be sent. All of this is true but I would be expecting the cheque to be coming from HMRC. I guess that would my mistake for assuming that.

Their whole blurb is misleading imo. For example they say if you don't claim then your entitlement is written off and funds retained by the government (not HMRC, but the government!). They also say it's a £900 marriage tax break and try to present themselves as "trusted tax claims" service which was introduced as a failure of gov to publicise marriage allowance transfer. 

Imo any website that tries to convince you of its trustworthiness is automatically to be regarded as untrustworthy. 

fatLamb

OP: Was there a satisfactory conclusion to this?

I've just seen a piece on Rip Off Britain Live where a man clicked on a link for a 'check' but ended up being signed up and out of pocket.