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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Have just received a tax rebate, through the Tax Repayment

Customer Question

Have just received a tax rebate, through the Tax Repayment Agency, how can they charge 40% fees plus VAT, diminishes by claim by half!
Submitted: 5 months ago.
Category: Law
Expert:  Nicola-mod replied 5 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 5 months ago.
Hello, Am quite prepared to wait for an answer, think I should mention that the question is on behalf of my son as he does not have access to the internet, hope you will still be able to help us. Thank you, Judy.
Expert:  Nicola-mod replied 5 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 5 months ago.

Hello my name is ***** ***** I will help you.

Did you instruct this Agency please?

Customer: replied 5 months ago.
my son did instruct this Agency, on the form he completed it said "a small fee" would be charged if successful, we do not consider 40% is a small fee.
Expert:  Ash replied 5 months ago.

Does it set out the % on the form at all?

Customer: replied 5 months ago.
I have to check this with my son, but as I said before I think it just said a "small fee"
Expert:  Ash replied 5 months ago.

Ok - it should do. If not under the Consumer Rights Act 2015 then the terms may not be fair if it is not made obvious what the charge is.

Section 62 states:

62Requirement for contract terms and notices to be fair

(1)An unfair term of a consumer contract is not binding on the consumer.

(2)An unfair consumer notice is not binding on the consumer.

(3)This does not prevent the consumer from relying on the term or notice if the consumer chooses to do so.

(4)A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer.

(5)Whether a term is fair is to be determined—

(a)taking into account the nature of the subject matter of the contract, and

(b)by reference to all the circumstances existing when the term was agreed and to all of the other terms of the contract or of any other contract on which it depends.

(6)A notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations to the detriment of the consumer.

So if it is unfair and not brought to your attention, it can not be enforced.

Can I clarify anything for you about this today please?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 4 months ago.
Sorry, it should be 01844 274016
Expert:  Ash replied 4 months ago.

Thanks.

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