Stamp Duty Rebates - Our Terms and Conditions

Terms and Conditions

1.1 "Administration Charge" refers to the costs associated with processing, preparing, and submitting the client's claim, including any charges paid to a third party for obtaining details related to the client's claim for compensation, incurred by the company until the client's written notice of termination is received.

1.2 "Benefit" includes all forms of benefits, such as waivers, cancellations, reductions, savings, deductions, or rescheduling of any outstanding or future loan or interest payments, credit repayments, premiums, charges, or other administrative payments (or any offsetting or relief against the same), taxations, or any other savings, inducements, discounts, or rebates offered in relation to any other products or services offered by a third party or persons connected to the third party.

1.3 "Client" refers to the company's client, and in the case of multiple persons or a limited company, partnership, sole trader, or trust, the client's obligations are joint and several.

1.4 "Compensation" refers to the total monetary value and benefits (as defined above) offered by the third party, whether as compensation, repayment, rebate, or goodwill, arising from any claim made by the company on behalf of the client for Stamp Duty Land Tax. If the offer is revised on appeal, the higher amount will be used to calculate the compensation.

1.5 "Company" refers to Evans Hughes Ltd, Company no.12573301

1.6 "Contract" refers to the agreement between the company and the client for the provision of services, including the signed letter of engagement/authority form and these terms and conditions.

1.7 "SDLT" refers to Stamp Duty Land Tax.

1.8 "Services" refers to any services specified in the contract.

1.9 "Service Charges" refers to the charges payable by the client as outlined in the contract.

1.10 "Third Party" refers to HMRC.

1.11 "VAT" refers to value added tax at the prevailing rate.

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2 Duration

The contract will begin on the date the client's signed letter of engagement/authority form is received by the company and, unless terminated earlier as outlined below, will continue until:

2.1 The company has recovered compensation for the client, the client has paid the service charges or administration charges (as applicable), and nine months have passed since the date of compensation received; or

2.2 The company informs the client in writing that it is unable to recover compensation; or

2.3 The company chooses not to pursue a claim for compensation, but this does not affect the client's right to make a claim.

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3 Services

The company and the client agree as follows:

3.1 The company will use its best efforts to pursue an application for compensation from the third party on behalf of the client, when it believes it is reasonable to do so, considering the merits and value of the client's claim.

3.2 The company will use best efforts to keep the client informed of the progress of the claim.

3.3 The company will not charge the service charges if the application for compensation to the third party is unsuccessful.

3.4 The company will always act in the best interests of the client.

3.5 The company will promptly pay any compensation received to the client after deducting the service charge.

3.6 The company will hold all compensation money received from a third party in a separate account designated for clients' funds.

3.7 Legal proceedings to recover compensation are not included in the scope of services unless the company chooses otherwise.

3.8 The company's website and all communications, correspondence, and information provided is solely for promoting the company's service and should not be taken as legal or tax advice and the contents of the website cannot be used in legal action against the company.

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4 Charges 

4.1 The Client is responsible for paying the Service Charges and any Administration Charges incurred by the Company in processing and submitting the claim for Compensation, as well as any charges payable to third parties in obtaining details related to the claim.

4.2 The Client's liability to pay these charges is joint and several if the Client is more than one person, meaning the Company can seek payment from any of the individuals who are considered the Client.

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5 Recovery of Unpaid Charges

5.1 In the event that the Company takes action to collect any unpaid Service Charges and/or Administration Charges from the Client, the Client shall be responsible for paying the Company's costs, including administrative costs, associated with such action, as well as any applicable VAT. Additionally, the Client agrees to be liable for any and all costs and expenses incurred by the Company in recovering these charges, including but not limited to court fees and administrative fees.

5.2 Any sums due from the Client that are not paid by the due date (as specified in section 7.3) may incur a discretionary interest charge at a rate of 4% per annum above the current base lending rate of Barclays Bank plc.

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6 The Client's Responsibilities

The Client agrees with the Company to:

6.1 Provide all necessary information promptly as requested by the Company;

6.2 Ensure that all information provided to the Company is accurate, truthful, and complete, and does not contain any relevant omissions;

6.3 Authorise the Company to act on their behalf and communicate with the Third Party or any other necessary parties to perform the Services, and to release any relevant information as deemed appropriate by the Company;

6.4 Grant the Company exclusive authority to negotiate the merits of the Client's claim;

6.5 Handle all correspondence from the Company promptly, including returning Third Party correspondence to the Company as soon as reasonably possible and within 14 days at the latest;

6.6 Acknowledge and accept these terms and conditions and be responsible for any breaches by the Client, including payment of Service Charges and/or Administration Charges;

6.7 Not appoint another claims handling company or individual without the Company's prior written consent;

6.8 Not pursue the claim personally and refrain from contacting the Financial Ombudsman Service during the term of the Contract;

6.9 Not contact or correspond with the Third Party without the Company's consent, as it may negatively impact ongoing negotiations;

6.10 Ensure that they have not previously claimed or received compensation or an offer of compensation from the Third Party. If any compensation or offer of compensation has been received prior to the start of the contract, the Client must inform the Company and provide relevant documentation pertaining to the previous claim.

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7 Payment Obligations of the Client and the Company

7.1 The amount of the Service Charges payable by the Client to the Company is outlined in the signed letter of engagement/authority form related to the Services. If the Third Party pays the Compensation directly to the Client, the Client is liable to pay the Service Charges to the Company. The Company may deduct any Service Charges, Administration Charges and other fees due under the Contract from any Compensation received on the Client's behalf.

7.2 The Client must pay all Service Charges, Administration Charges (where applicable) and other fees to the Company within 5 days of receiving an invoice from the Company or by the later date specified in the invoice.

7.3 If the Client rejects an offer of Compensation that the Company believes is fair and reasonable, in line with relevant guidelines, the Company reserves the right to charge a fee equal to the amount of the Service Charge that would have been payable if the Client had accepted the offer.

7.4 The Client agrees to pay the Service Charge and is deemed to have accepted an offer of Compensation if the Company considers the offer fair and reasonable, in line with relevant guidelines, and the Client has not rejected or accepted the offer within 28 days of receiving it.

7.5 If the Client has other tax liabilities that lead to HMRC offsetting all or part of the compensation against those liabilities, the fees due to the Company will still be payable upon the successful compensation being set against those pre-existing liabilities.

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8 Performances

8.1 The Company will make every effort to provide the Services in a reasonable time frame from the date of receiving the signed letter of engagement/authority form from the Client. However, the Company cannot be held accountable for any delays caused by external factors such as the Third Party or the Client. The Company will return any documents provided by the Client, if the Client sends a written request with a properly addressed and stamped envelope for the return of the documents. If no such request is made, the Company will dispose of the paper copies in a secure manner.

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9 Performances and Liability

9.1 The Company will use all reasonable efforts to provide the Services with reasonable skill, care and time. The Company does not make any other promises or warranties about the Services. The Company shall not in any event be responsible for verifying the accuracy of mathematical calculations set out in the documents provided by the Client, but merely to evaluate the merits of the Client’s claim.

9.2 The Company's liability to the Client in contract, tort (including negligence or breach of statutory duty), or otherwise in connection with the Contract shall be limited as follows:

9.3 In the event of death or personal injury resulting from the Company's negligence or fraud, no limit shall apply.

9.4 For any other loss or damage, liability is limited to losses that are a foreseeable consequence of the Company's breach of contract or tort, and shall not, in any event, exceed the amount at which the Company (acting reasonably) values the Client's claim, less the Service Charge that would have been payable.

9.5 Any claim by the Client for compensation for loss caused by the Company's negligence or breach of contract must be notified to the Company as soon as reasonably possible after the damage is discovered.

9.6 The Company shall not be liable for losses arising from changes in the law or the interpretation thereof, practice, or public policy that are first published after the date on which the engagement letter is legally effected.

9.7 The Client shall not hold the Company, its principals/directors, shareholders, and staff responsible, to the fullest extent permitted by law, for any loss suffered by the Client arising from any misrepresentation (intentional or unintentional) supplied to the Company orally or in writing. This applies equally to fraudulent acts, misrepresentation, or wilful default on the part of any party to the transaction and their directors, officers, employees, agents or advisers. However, this exclusion shall not apply where such misrepresentation, withholding or concealment is or should (in carrying out the procedures which the Company has agreed to perform with reasonable care and skill) have been evident to the Company without further enquiry.

9.8 The Client agrees that the Client will not bring any claim in connection with Services provided by the Company against any of the Company's partners, shareholders, directors, or employees personally.

9.9 The Company shall not be responsible, should a third party, within 9 months of the compensation payment, impose any losses, penalties, surcharges, interest, or additional liabilities arising from the supply by the Client or others of incorrect or incomplete information, or from the failure by the Client or others to supply any appropriate information or the Client's failure to act on the Company's advice or respond promptly to communications from the Company or the relevant authorities. In this case, the Company will refund any service charge paid by the Client.

9.10 Should a third party, within 9 months of the compensation payment, request a refund of the compensation, plus interest, and impose a penalty, the Company will, in this case, refund any service charge paid by the Client to the Company, as well as any interest charged on the service charge or penalty. The Company will not refund the compensation less the service charge originally paid to the Client.

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10 Litigation

10.1 The Company reserves the right to initiate legal proceedings on the Client's behalf to pursue a claim for compensation, with the Client's consent and in accordance with the terms outlined in this section.

10.2 In the event that the Company commences legal proceedings on the Client's behalf, the Client agrees to:

10.3 Promptly comply with all reasonable requests from the Company and any legal representatives appointed by the Company.

10.4 Allow the Company to have control over the claim and pursue it in a manner they deem appropriate.

10.5 Provide all relevant information and documentation as requested by the Company and its legal representatives.

10.6 Authorise any legal representatives appointed by the Company to provide information about the claim to the Company upon request.

10.7 Authorise legal representatives appointed by the Company to pay Service Charges directly to the Company from any compensation recovered.

10.8 Pay Service Charges to the Company if the compensation is paid directly to the Client.

10.9 The Client will be responsible for the costs of any legal proceedings that the Company initiates on their behalf, including any Administration Charges, in the following situations:

10.10 If the Client misleads the Company or its legal representatives in any way or if information provided by the Client omits material facts that would have resulted in the legal representative or Company declining the Client's instructions.

10.11 If the Client terminates the Contract during the course of the proceedings.

10.12 If the Client fails to provide the Company or its legal representatives with information, including witness statements, within a reasonable time after request.

10.13 If the Client fails to rectify a breach of their obligations under the Contract within 15 days of notice from the Company.

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11 Termination

11.1 The Company has the right to terminate the Contract at any time by providing written notice to the Client if:

11.2 The Client breaches any term of the Contract that cannot be corrected or if it can be corrected, it is not resolved to the Company's satisfaction within 15 days of receiving written notice from the Company indicating the breach and requesting it to be corrected; or

11.3 The Client becomes bankrupt, enters into a voluntary arrangement with creditors, or has a receiver appointed under the Mental Health Act 1983; or

11.4 The Client has the right to terminate the Contract without penalty by providing written notice to the Company within 14 days of signing the Contract.

11.5 Any termination by the Client must be in writing. The Company will confirm the termination in writing. If the Client does not receive this confirmation within 2 weeks, they should contact the Company's Customer Relations Department to confirm receipt of their termination. If the Client terminates the contract after 14 days, the Company has the right to charge an Administration Charge, which is the cost of preparation, processing and submission incurred by the Company at an hourly rate of £90 up to the time the Client's notice of cancellation is received. If the termination occurs after an offer of compensation has been made by a third party, the Company may impose a charge equivalent to the Service Charges that would be payable if the offer was accepted.

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12 Force Majeure

12.1 The Company shall not be held responsible for any delays or inability to perform services due to circumstances outside of its control.

12.2 The timeframe for completion of services will be extended for the duration of any such delays.

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13 Confidentiality

13.1 Both the Company and the Client agree to maintain the confidentiality of the terms of the Contract and any information obtained in connection with the Contract, and to only use such information for the purpose of fulfilling their obligations under the Contract.

13.2 The confidentiality provisions in Condition 13.1 do not apply to information that is already in the public domain, except if it was made public as a result of a breach of Condition 13.1.

13.3 The confidentiality provisions outlined in Condition 13.1 will remain in effect indefinitely, even after the termination of the Contract.

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14 Conflicts of Interest

14.1 The Client acknowledges that the Company may have interests that may not be disclosed to the Client, such as in relation to advice on marketing or other matters, as long as the Company does not violate any applicable rules, regulations or codes of conduct.

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15 Privacy Policy and Data Protection

15.1 The Company shall handle all personal data in accordance with its privacy policy, which can be found on its website at https://www.evanshughes.co.uk/privacypolicy. The Company shall also comply with the provisions of the Data Protection Act 1998 (“DPA”) when handling personal data.

15.2 The Company shall comply with any written requests for access to personal data under the DPA, made by the Client, subject to any exemptions that may apply. The Company may charge an administration fee for providing this information, which shall not exceed the fee permitted under the DPA (currently £10).

15.3 The Company shall correct any inaccuracies in the Client's personal data held at the request of the Client.

15.4 Unless otherwise instructed in writing, by accepting the Company's privacy policy, the Client agrees that the Company may share the Client's personal information with banks, Financial Advisers, HMRC, solicitors, accountants or other relevant institutions, and with affiliates, associated companies or firms or service partners for the purpose of assisting the Client with their claim for compensation. The Company shall not disclose any information provided by the Client to any third party, except as explicitly stated in this condition and the privacy policy.

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16 Misrepresentation of Information

16.1 The Client will be responsible for covering any expenses incurred by the Company if any information provided by the Client is inaccurate or contains significant omissions which result in the Company providing services that it would have declined to do if it had been aware of the full information.

16.2 The Company will not be held liable for any fraudulent or negligent information provided by the Client. This includes any losses, penalties, surcharges, interest or additional tax liabilities resulting from the supply of incorrect or incomplete information by the Client or others, or failure to supply appropriate information or failure to act on the Company's advice or respond promptly to communications from the Company or HMRC.

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17 Assignment and Subcontracting

17.1 The Company retains the right to transfer its rights and obligations under the Contract to another party and to delegate any of its tasks to a third party. This will not negatively impact the Client's rights under the Contract. The Contract is intended solely for the use of the Client and cannot be transferred to any other party, except for the Client's legal representatives.

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18 Rights of Third Parties

18.1 Only the parties involved in the Contract will have the right to enforce the terms outlined in the agreement, as outlined by the Contracts (Rights of Third Parties) Act 1999. Any person who is not a party to the Contract will not have the ability to enforce the Contract.

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19 Entire Agreement

19.1 The Contract constitutes the entire agreement between the Company and the Client in relation to its subject matter. Any previous agreements, representations, or understandings, whether oral or written, are superseded by the terms of this Contract. Furthermore, neither party's liability for fraudulent misrepresentation is excluded or limited by the Contract.

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20 Notices

20.1 Any notice required under the Contract or these terms and conditions must be written.

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21 Severability

21.1 If any part of the Contract is deemed void or unenforceable by a court or other competent authority, the remaining provisions of the Contract shall remain in effect.

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22 Variations

22.1 Any changes to these conditions will only be valid if they are agreed upon in writing by both the Company and the Client.

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23 Complaints

23.1 The Company has a formal complaints process, which can be found on www.evanshughes.co.uk

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24 Waiver

24.1 The Company's failure or delay in exercising any rights will not be considered as a waiver of these or any other rights.

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25 Law and Jurisdiction

25.1 The Contract shall be governed by English law and the parties agree to submit to the jurisdiction of the English courts in all matters related to the Contract.