Wyndan Group Ltd Terms and conditions

Terms & Conditions

The term "Marriage Tax Rebates", "We" or "Us" refers to Wyndan Group Ltd. Trading as Marriage Tax Rebates. We are a Companies House registered UK company. Company registration number: 11203601.

The term "Tax Rebate(s)" covers any tax recovered from HMRC.

Please ensure that You read these Terms carefully. You must check that any details submitted to Us via any of Our forms either Online or via Paper are complete and accurate

By submitting an enquiry with Us either online, via post, over the phone or SMS it means You and Your partner agree to all of the terms and conditions listed below.

  1. General Terms:

    1. Once You enquire with Us, Our Terms become binding, at which point You enter into a Contract between Us and You. This does not mean We have yet agreed to provide any Services on Your behalf. Only once We have reviewed the information You have submitted to Us and We decide on the viability of any Claim. If You do not accept Our Terms, then You should not submit a Claim and we cannot provide You with Our Services.

    2. On Signing and returning a Claims form to Us You authorise Us to contact HMRC as Your Intermediary, Nominee and Agent to pursue a Claim to recover monies legally entitled to You. Failure to return Our form within 2 weeks may result in Us proceeding with the Services You applied for by relying on Your authorisation as You provide either online, via post, over the phone or via SMS.

    3. You authorise Us to access information provided to Us by HMRC in order to assess what Services We can offer to You and that Our fees are applicable according to Clauses 4.1-11. Where on review of information supplied to Us either by Yourself, HMRC or any other applicable entity we identify a Service, you agree that We have the authority to act on Your behalf to pursue such a Claim and where necessary We will send You forms to return to Us.

    4. If We identify any Services which You may be eligible for, but We do not supply then You agree that we may notify trusted third-party partners of Your eligibility to Claim and/or make Use of their Services. You also understand that as a result of such a referral We may receive a commission for doing so. We have no responsibility or liability for any Services offered and provided by any third-party partner.

    5. You are required as part of any Claim involving Your partner/spouse to refer them to Our Privacy Policy on Our Website so they understand how We will Use their data.

    6. We may be required to perform Due Diligence checks as part of providing Our Services and You agree to provide Us with any relevant information/documentation to allow Us to perform such checks. Where necessary this will also apply to Your partner/spouse.

    7. We may during offering Our Services send to Your documentation either digitally or in paper for You to complete and return to Us. Where You supply Us digitally with an electronic signature You authorise Us to Use that signature were allowed on necessary documentation to then submit to the relevant entity. You acknowledge that an electronic signature may not always be acceptable and that You will receive such documentation via post to sign and return to Us.

    8. By entering a Contract with Us You confirm that You know of no reason as to why You cannot enter such Contract

    9. You acknowledge that where we feel appropriate, we may contact You via phone, email, SMS, or post in relation to Services we feel You could be applicable for including but not limited to Tax, Claims Management, Flight Delays, and Insurance.

    10. You agree that all information You provide to is true and accurate to the best of Your knowledge

    11. You have records relevant to Your Claim readily available and will provide to Ourselves and/or HMRC at Our/their request.

    12. You will provide us with accurate and true information, we are not required to verify such information unless it is Our legal or regulatory obligation to do so. You accept that you may be required to provide additional information to assist us in our endeavours which must be provided within 7 days of it being requested. Wyndan reserves the right to cancel any claim where requested details are not provided and issue payment charges relating to the work already undertaken. Where such charges are issued, you will be notified in writing.

    13. You agree by Using Our Service to Our privacy policy which can be viewed here https://www.wyndangroup.com/privacy_policy and contains information on how we make Use of Your personal data.

    14. We may transfer Our rights and obligations under this Contract to another party, this will not affect Your rights and obligations under this Contract, and we will inform You of such an event in writing.

    15. We also have the right to share Your information with any group company or sell/use Your information in connection with, but not limited to merger, financing, acquisition, liquidation, or proceedings involving sale or transfer of all or a portion of Our business or assets. That company, group company or entity will have the right to Use Your information collected to continue its obligations under this agreement and Use Your information to contact You in regards to products that We believe may benefit You.

    16. You agree to Us performing a soft credit check on Yourself to assess what other Services we could provide to Yourself

    17. We reserve the right to cancel Your Claim at any given time should You breach any of Our terms and conditions or any other reason within Our discretion.

    18. We will not provide any tax or financial advice throughout the course of our engagement; we will simply assist You in the marriage tax reclaim process with HMRC. Our service provided to You therefore amounts to an occasional transaction as defined in the The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.

  2. Claim Specific:

    1. We may at any point in assessment of Your Claim decide not to pursue such a Claim and will notify You accordingly. You understand that by Us pursuing a Claim for You that this is no indication to likelihood of being successful with that Claim. We may at any point terminate Our Contract accordingly and be under no obligation to provide a reason for Our actions.

    2. We will pursue Your Claim in a timely manner but cannot make any guarantee to the timescale of Your Claim to completion and provide no such assurance

    3. In the course of Your Claim, You agree to provide when requested by Ourselves, HMRC or any other relevant tax authority any information and/or documentation in a timely manner. You understand that refusal or excessive delay to provide Us with such information and/or documentation could result in Us not pursuing Your Claim and We have the right to charge You for Our Services up until that point in accordance with Clause 4.1-11

    4. We will not be held responsible and/or liable for any fees/fines You incur as part of Using Our Service by any tax authority including HMRC, including but not limited to inaccurate or late filings.

    5. You also acknowledge that You appoint Us as Your agent and nominee and that We will receive information relating to Your tax affairs directly from HMRC

    6. You nominate Us to receive any refund from HMRC on Your behalf

    7. You understand that Your Claim is generic and not limited to any one Claim in which HMRC may provide a refund on.

    8. You understand we are not responsible or liable for any debt which You may owe to HMRC whether a result of any Claim we provide as part of Our Service

    9. You will assist Us where necessary in pursuing any Claim with HMRC that we make for You as part of Our Service

    10. You acknowledge that we will remain Your Tax agent even after completion of Your Claim and this can only be withdrawn in writing directly to Us or at Our discretion

    11. You understand that there is no obligation for Us to perform a tax Service that either we do not operate within and/or do not feel financially viable, you will under such circumstances be able to proceed with such a Claim Yourself

    12. You are aware of Your ability to pursue Your Claim Yourself without incurring third party fees and that by Using Our Service You nominate and appoint Us to do such work for You

    13. You agree that any delay, for whatever reason, in obtaining information from Yourselves or HMRC can result in a delay in Us securing Your refund.

    14. Agree that any estimation of Your total refund or average refund figures on Our website, given by email or phone, using any online calculators or documentation sent out to You is not a guarantee of the amount You will receive and is an estimated figure.

    15. Acknowledge any timescales quoted for the completion and successful reclaiming of Your refund are estimated timescales. We always aim to secure and finalise each Claim as fast as possible. However, delays can occur.

    16. As part of a Claim You:

      1. Confirm that where applicable to a Marriage Tax Claim You are happy for 10% of Your personal tax-free allowance to be transferred from the lower earner to the higher earner. This means the higher earner will be paying less tax for each year we submit to HMRC.

      2. Confirm that Our fee is deducted from each individual payment/cheque received.

      3. Confirm that You instruct Us to backdate this allowance from the start of Your marriage or civil partnership. This can only go so far back as 5th April 2015.

      4. It is the Claimant’s responsibility to calculate if the tax claim is beneficial for them prior to Claiming with Us.

    17. You agree that We will submit appropriate and relevant claims to HMRC on Your behalf each subsequent tax year and You agree to pay the relevant fees according to Clauses 4.6.1-3.

  3. Cancellation

    1. You reserve the right to cancel Your agreement with Ourselves at no cost during the first 14 days of Your Contract with Us. The Contract is initiated at the moment You make Your enquiry with Ourselves at which point You should have already referred to these Terms as mentioned in Clause 1.1.

    2. You may cancel with Us in writing either via post or via e-mail.

    3. Should You cancel this agreement after the first 14 days then You acknowledge that Your remain liable for fees due to Us according to Clause 4.1-11. You will be liable for the full fee if You wish to cancel on completion of Our Services including where You are required to accept a payment from an entity as part of the provision of Our Services under this agreement.

    4. You acknowledge that You cannot simply cancel Our Contract or revoke Our appointment as an Intermediary, Nominee and/or Agent simply by contacting HMRC. In such an event You must contact Us prior to contacting HMRC directly.

  4. Fees/Payments

    1. You acknowledge that on receipt of funds from HMRC You must allow Us up to 10 working days to receive Your cheque of the amount following the deduction of Our fee. If We need to query the amount with HMRC then this shall be extended until that query has been resolved.

    2. We reserve the right to verify the identity of any person we shall be required to provide the Service and/or make payment to. You cannot request that we send payment to another party via any means and, we cannot make payment via BACs

    3. Should HMRC send the payment to Yourself You are required to pay Our fee online or over the phone. Our fee would be due within 3 working days of cleared funds into Your account. You cannot make payment to Us via cheque.

    4. Failure to make payment to Us will result in Your debt being passed to a debt collection agency who will charge further fees on top of the full amount due to Ourselves, therefore You acknowledge failure to pay will incur extra fees.

    5. If You do not cash the cheque within 3 months of Issue and You have not made Us aware of any reason for why You have been unable or not been in receipt of the cheque, then we reserve the right to keep the full amount after those 3 months.

    6. We make no guarantee that Use of Our Services will result in a refund.

      1. 1. As a result of any Claim in which money is recovered from HMRC You agree to pay Us 35% plus VAT. Additionally, there will be administration costs as follows: £100 plus VAT for a Marriage Tax claim. £75 plus VAT for Tax Back Claims and £50 for all others. If your tax refund amount does not cover the sum of these amounts, we will retain the equivalent amount and confirm that no additional charges or costs will apply. Where there is no payment released/ recovered from HMRC you do not have to pay us anything.

      2. If HMRC do not offer You any refund we will work on a No-Win, No-Fee basis and You will not be charged. The current rate of VAT stands at 20%, should this be subject to change Our fees will change accordingly and Our Contract will remain as such.

      3. In the event that HMRC withholds funds to offset against an underpayment of tax, you will be invoiced at the same rate against the value of the withheld figure.

    7. Payments are sent out to clients within 30 days of receipt.

    8. Should Wyndan be successful in a claim whereby a balance remains outstanding between you and Wyndan, this figure will be deducted from any redress owed to you in order to reduce the debt value. Any funds remaining after the settlement of the outstanding invoice will be forwarded to you by cheque.

    9. When HMRC send the refund directly to Us You agree that we will automatically deduct Our fee from the amount received. We will issue a cheque for the remaining amount to the address which You provide during Your initial application. You are responsible for informing Us of any address change whilst Using Our Service. 

    10. Any replacement cheque requested will be at a charge of £30 plus VAT to cover bank and administrative costs

    11. You and Your partner authorise HMRC to send Your refund directly to Wyndan Group Ltd for Us to deduct the agreed fee above and forward Your refund to You.

    12. You also understand that our fee is due for each and every year you receive a tax benefit from HMRC both monetary and otherwise for the services we initially supplied. You acknowledge that you will owe us a fee in accordance with 4.6.1.

    13. You understand that future fees relating to all products including renewal costs will be automatically processed within 3 days using details that have previously been provided by you.

  5. Our liability

    1. We accept no liability for any loss suffered by Yourself because of not receiving a refund or from Using Our Service where there has been no negligence on Our part. We also cannot guarantee any refund amount or take liability for loss as a result of a refund which was lower than You expected 

    2. You agree You cannot make any Claim for loss or consequential damage as a result of Using Our Service or any omission by Us unless required under Law

    3. We agree to take all reasonable care when processing Your Claim but do not give any other warranties in relation to Our Services provided or accept any liability whatsoever.

    4. We are not liable to You should You breach any of these terms and conditions for whatever reason or where You have provided false information, no refund is obtained, You have already Claimed a refund, you are subject to any HMRC investigation, Your Claim is not completed in the estimated timescale, HMRC have different information on their system to that You have provided to Us, You owe money to HMRC or any other authority for underpayment of tax or any other reason, or any penalties that are applied.

    5. We are not liable should You fraudulently sign or provide a partner’s details that does not consent to applying for this tax refund

  6. Contract

    1. We are held only to the Law of the English, Scottish and Welsh courts by whichever is applicable to Yourself based on Your residency

    2. Each clause of this terms stands independently, and should any English, Welsh or Scottish court rule any term unlawful then remaining clauses shall stand.

    3. This Contract stands whether committed to by Yourself in writing or verbally

    4. If we are delayed in enforcing Our rights against You or initially fail to enforce them this does not mean that we waive Our right to enforce such rights against You at any point. A waiver of any of these rights will only be done so in writing and no verbal communication of such waiver will ever be binding