Hidenda threatening letters/emails

Ivrytwr3

Afternoon all,

Need some help here please.

On 23 Nov 21, HIdenda sent FiL a letter saying he has requested their services to arrange a Marriage Tax refund - they sent a screenshot of his signature (electronic signature). They requested additional documents and if not sent, they would charge a £300 fee.

Unfortunately FiL is nearly 81 years of age and in failing health, he is currently awaiting the results of a brain scan due to suspected onset dementia. He is not well and does not recall making the application; he does not require Hidenda’s services.

I emailed Hidenda this and they have replied today saying either send the documents or pay £300 to cancel.

Any ideas on the way forward?

[Deleted User]

Check the contract. Withdrawal fees are not uncommon.

Once you've confirmed the fee, you can choose to either pay or send the docs.

Ivrytwr3

T&C say:

8.2 You have a total of 14 days (which starts from the date you signed these terms & conditions) to cancel your authorityinstructing us to act on your behalf without incurring any charge. Additionally, you may cancel your claim at any stageproviding the claim has not been submitted to HMRC. Cancellation after 14 days of you signing these terms & conditionswill mean you must pay us our reasonable costs.

8.2.1 Our reasonable costs shall be calculated by multiplying the number of hours work completed by the rate of seventyfive pounds per hour.

They want £300 to cancel.

cx6

He may not recall making the application, but did he?

If not, then obviously nothing is due.

Ivrytwr3

Just checked the signature from Hidenda to his driving licence - they are nothing alike.

Brie

How did they get his signature?  Do they say he mailed them an application??  Is that likely?  If he is ill and possibly too confused to be out and about then how was this achieved?

Ultimately though I would suggest you submit a SAR on his behalf to see the entire application as perhaps theres a number of errors on it that would show it is certainly not him. 

If the signature isn't his then who has filled in the document.  If it was an online application how did they get his signature?

[Deleted User]

The electronic signature will be a generated one from typing a name in a box on a website. He presumably agreed to a search so they are chasing. I would suggest using the medical diagnosis as proof they should cancel the contract

Ivrytwr3

"Thank you for your reply. However, as mentioned, my Father in Law is an 81 year old vulnerable adult and did not make this request, nor does he require your services. 

Since Hidenda are unwilling to cancel this and insist on a £300 cancellation charge, we have carried out further investigation. Kenneth did not submit this claim nor is it his signature on the contract - the signature is vastly different to his own signature (driving licence etc) - we are happy to provide proof of signature if required. The signature Hidenda has, has been added either maliciously or fraudulently, either way, we will dispute this in court if necessary and will be contacting our local MP.

This is causing unnecessary distress to both my Father and Mother in Law who are both in their 80's, especially to my Father in Law who as mentioned, is suffering from onset dementia and other serious medical conditions.

I am hopeful Hidenda will cancel without any further charge."

Depends how much they want their £300 now. I suspect we will have to go to court

dunstonh

Any ideas on the way forward?

Make a formal complaint stating that he is a vulnerable person who is aged 81 and unwell and has no recollection of entering into an agreement with them.   The FCA have rules on vulnerable people.  This doesn't allow the person to get away with not paying but it does require the firms to take additional care and being able to identify people who are vulnerable.

. Kenneth did not submit this claim nor is it his signature on the contract - the signature is vastly different to his own signature (driving licence etc)

You wouldn't expect the signature to match as most of these are done electronically and an electronic signature is put in place with the broadband IP address, computer MAC address and date/time logged and a copy sent in email to verify the contract has been agreed.       You should check his email history to see if they have emailed the contract back.

The signature Hidenda has, has been added either maliciously or fraudulently, either way, we will dispute this in court if necessary and will be contacting our local MP.

Using language like that could actually lead to them taking legal action against you.    A difference in the signature is not necessarily malicious or fraudulent.  They are two possibilities but the electronic signature method is probably the more likely.  

Depends how much they want their £300 now. I suspect we will have to go to court 

Why not use the regulated complaints process?  That is free of charge and FCA rules apply which are more consumer-friendly than the law.

Ivrytwr3

Depends how much they want their £300 now. I suspect we will have to go to court 

Why not use the regulated complaints process?  That is free of charge and FCA rules apply which are more consumer-friendly than the law.

Done - thanks.

Keep_pedalling

Do you have lasting powers of attorney in place for your father? If not this should be a priority as it needs doing before he loses the mental ability to make them.