Stamp Duty Advice Bureau
SDLT Refund Terms of Agreement.

1. Definitions

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Here’s a plain English summary of the terms:
1.1 “Administration Charge” refers to the costs the company incurs while handling a client’s claim.
1.2 “Benefit” means any advantage gained, like discounts, savings, or waived fees.
1.3 “Client” is the person or group using the company’s services.
1.4 “Compensation” is the total money and benefits a third party offers the client.
1.5 “Company” refers to Stamp Duty Advice Bureau Ltd.
1.6 “Contract” is the agreement between the company and the client, including a signed letter and terms and conditions.
1.7 “SDLT” stands for Stamp Duty Land Tax.
1.8 “Services” are the tasks the company performs as outlined in the contract.
1.9 “Service Charges” are the fees the client pays, based on a specific formula.
1.10 “Third Party” means HMRC (tax authority).
1.11 “VAT” stands for value added tax.
1.12 “In writing” refers to a legal form of communication that’s recorded and saved.
1.13 A “signed letter of engagement/authority” is a written agreement between a client and the company, either with a handwritten or electronic signature.

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1.1 “Administration Charge” means such costs incurred in processing, preparation and submission of the Client’s claim (including without limitation any charges payable to the Third Party whether under the Data Protection Act 1998 or otherwise in order to obtain details relating to the Client’s claim for Compensation) incurred by the Company until the time that the Client’s written notice of termination is received by the Company.

1.2 “Benefit” refers to any form of advantage, inclusive of but not limited to any reduction, waiver, cancellation, deduction, rescheduling, or savings of any future or outstanding loan or interest payments, credit repayments, premiums, charges, administrative payments, taxations, or any other form of interest, offsetting, relief or deductions. This also includes any savings, discounts, rebates, or inducements offered in relation to any products or services provided by a third party or any person affiliated with the third party.

1.3 “Client” refers to the individual or entity who has engaged the services of the Company, and in the case of multiple individuals or entities, their obligations are both joint and several.

1.4 “Compensation” means the total monies and the full value of Benefits (as defined above) offered by the Third Party whether as compensation, repayment, rebate, as a gesture of goodwill or otherwise arising from any claim made by the Company on behalf of the Client for Stamp Duty Land Tax. Where such an offer is revised on appeal, then the higher amount shall be used in order to calculate the amount of the Compensation.

1.5 “Company” means Stamp Duty Advice Bureau Ltd, Company no. 14642347.

1.6 “Contract” means the contract between the Company and the Client for the provision of the Services, comprising the signed letter of engagement/authority form and these terms and conditions.

1.7 “SDLT” means Stamp Duty Land Tax.

1.8 “Services” means all or any of the services as specified in the Contract.

11.9 “Service Charges” refer to the fees to be paid by the Client as detailed in the Contract. These charges are derived from a formula that determines the fee for a stamp duty refund service, based on the amount of stamp duty that can be refunded and a specified fee percentage. This calculation method is employed in our stamp duty calculator, available at: Stampdutyadvicebureau.co.uk/tools/stamp-duty-calculator. Note that all services are rendered on a “no win, no fee” basis, but are subject to a minimum service charge of £650 exclusive of VAT if applicable.

1.10 “Third Party” means HMRC.

1.11 “VAT” means value added tax at the then prevailing rate.

1. “In writing ” refers to an explicit and recorded authorization or agreement provided by an individual or entity using any legally verifiable means of communication, including but not limited to traditional postal mail, email, fax, or any other digital or electronic means. Such communication must be preserved and stored by the recipient for a specified period of time and deemed valid for legal and contractual purposes.

1.13 A “signed letter of engagement/authority” refers to a written document that sets out the terms of the engagement or authorization between a client and a company and is signed by the client. The signature may be in the form of a traditional handwritten signature or an electronic signature that complies with the relevant legislation, regulations, and industry standards related to electronic signatures. An electronic signature is an electronic method that is used to indicate the signer’s intent to be bound by the contents of the signed letter of engagement/authority, and it must be verifiable and identifiable as being uniquely linked to the signatory.

2. Duration.

The Contract shall commence on the date on which the Client’s signed letter of engagement/authority form has been received by the Company and unless terminated earlier as provided below shall continue until:

2.1 After the Company has recovered Compensation for the Client, the Client is responsible for paying the applicable Service Charges or Administration Charges. If nine months have passed since the date of receiving the Compensation, the Client must still pay these charges.

2.2 The Company advises the Client in writing that it is unable to recover Compensation; or

2.3 The Company exercises its right not to pursue a claim for Compensation but this is without prejudice to any rights the Client may have to make a claim.

3. Services

The Company agrees with the Client and the Client agrees with the Company:

3.1 The Company agrees to make diligent efforts to secure Compensation from the Third Party on behalf of the Client (“the Client’s claim”), provided that the Company determines it is reasonable to proceed based on the merits and value of the Client’s claim.

3.2 The Company commits to using its reasonable endeavours to keep the Client updated on the progress of the Client’s claim;

3.3 The Company will not attempt to recover Service Charges if the application for Compensation from the Third Party proves unsuccessful.

3.4 The Company pledges to act in the best interests of the Client at all times;

3.5a In instances where Compensation is received by the Company, the Company will promptly pay the Client their share of the Compensation after retaining the Service Charge;

3.5b In instances where Compensation is received directly by the Client, the Client is responsible for paying the Service Charge to the Company from the received Compensation.

3.6 The Company will hold all Compensation monies received from a third party in a designated client account that is separate from the Company’s primary bank account;

3.7 The initiation of legal proceedings to recover Compensation falls outside the scope of the Services provided by the Company, unless the Company decides otherwise.

3.8 All information and communications, including those found on our website, are solely for the promotion of our services. These do not constitute legal or tax advice, and the contents cannot be used as a basis for a legal action against the Company.

4. Charges

4.1 The liability for the Client to pay the Service Charges and Administration Charge (where applicable) and any other charges that may be payable by the Client under the Contract is (where the Client is more than one person) joint and several. This means that the Company can recover all of such charges from any person who is the Client.

5. Debt Recovery

5.1 If the Company takes action to collect any unpaid Service Charges and/or Administration Charges from the Client, the Client is responsible for paying the Company’s costs and expenses, including administrative costs and any applicable VAT. The Client also agrees to be responsible for all costs and expenses the Company incurs in recovering any unpaid Service Charges and Administration Charge, including court fees and administrative fees.

5.2 All sums due from the Client which are not paid on the due date (see point 7.3) (without prejudice to the rights of the Company under the Contract) may bear a discretionary interest charge from day to day at the rate of 4% per annum over the base lending rate of Barclays Bank plc from time to time.

6. General Obligations of the Client

The Client agrees with the Company:

6.1 To provide promptly all such information as the Company may from time to time reasonably request;

6.2 To ensure that all information sent to the Company is true, accurate, not misleading and shall not contain any relevant omissions;

6.3 To authorise the Company to act on its behalf to contact the Third Party or such other persons, firms or companies as the Company considers necessary to perform the Services and to authorise the release of any such information as the Company deems appropriate;

6.4 To authorise the Company on an exclusive basis to negotiate on the merits of the Client’s claim;

6.5 To deal with all correspondence from the Company promptly, including without limitation to return to the Company either the Third Party’s correspondence as soon as reasonably practicable and in any event within 14 days.

6.6 To accept these terms and conditions as binding on the Client and to be responsible to the Company for any breach by the Client including the payment of the Service Charges and/or the Administration Charge (as applicable);

6.7 Not to appoint any other claims handling company or other person firm or company to provide the Services during the term of the Contract without the prior written consent of the Company;

6.8 Not to pursue the claim during the term of the Contract personally and not to contact Financial Ombudsman Service in connection with the Client’s claim;

6.9 Not to contact or correspond or communicate with the Third Party without the consent of the Company, as this may prejudice any ongoing negotiations;

6.10 That it has not previously claimed or received compensation or an offer of compensation from the Third Party. Should any compensation or offer of compensation have been received prior to commencement of the contract, the client will make the company aware and supply any relevant documentation pertaining to the previous claim.

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 set out in the signed letter of engagement/authority form relating to the Services. The Client agrees that it is liable to pay the Service Charges to the Company if the Compensation is paid directly to the Client by the Third Party and the Company may deduct its Service Charges and any other fees due to the Company under the Contract from any Compensation it receives on the Client’s behalf.

7.2 All Service Charges and Administration Charge (where applicable) and other fees payable by the Client to the Company shall be paid by the Client within 7 days of the Company’s invoices for such charges or (if stated) by such later date stated in the Company’s invoices.

7.3 If the Company obtains an offer of Compensation from the Third Party on behalf of the Client, which the Company considers fair and reasonable based on relevant guidelines, and the offer is rejected by the Client, the Company reserves the right to charge a fee equivalent to the Service Charge that would have been payable had the Client accepted the offer as advised by the Company.

7.4 If the Client does not respond within the 28-day period and the Company has made reasonable efforts to pursue a response, the Client will be deemed to have accepted the offer of Compensation and the Company may deduct its Service Charge and any other fees due under the Contract from the Compensation received on the Client’s behalf.

7.5 In the event that you have other tax liabilities (Income Tax under Self-Assessment for example) arising with HMRC, which lead to HMRC offsetting all or part of the compensation against those liabilities, the fees due to the company will nevertheless be payable upon the successful compensation being set against those pre-existing liabilities.

8. Performances

8.1 The Company will make reasonable efforts to complete the Services within a reasonable timeframe from the receipt of the signed letter of engagement/authority form by the Client. However, the Company will not be liable for any delays caused by circumstances outside of its control, such as delays caused by the Third Party or the Client. If the Client requests the return of any documents, the Company will do so provided that the Client provides a written request and a stamped, self-addressed envelope. If the Client does not provide an envelope, the Company will securely dispose of the documents.

9. Liability

9.1 The Company is liable to provide the Services with reasonable skill, care, and time. However, it does not make any other promises or warranties about the Services. The Company is not responsible for verifying the accuracy of mathematical calculations in the provided documents but only evaluates the merits of the Client’s claim.

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

9.3 For 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 practicable after the damage is discovered.

9.6 The Company will accept no liability 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 To the fullest extent permitted by law, we, our principal(s)/director(s), shareholders and staff, shall not be held responsible for any loss suffered by you arising from any misrepresentation (intentional or unintentional) supplied to us orally or in writing. This includes 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 have been evident to us without further enquiry while carrying out the procedures agreed with reasonable care and skill.

9.8 You agree that you will not bring any claim in connection with services we provide to you against any of our partners, shareholders, directors or employees personally.

9.9 The Company shall not be held responsible for any losses, penalties, surcharges, interest or additional liabilities imposed by the Third Party within 9 months of the Compensation payment, due to incorrect or incomplete information provided by the Client or others, or failure to provide appropriate information or act on the Company’s advice or respond to communications from the Company or relevant authorities. In such cases, the Company will refund any Service Charge paid by the Client.

9.10 Should the 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. The company will not refund the compensation less the service charge, originally paid to the client.

10. Litigation

10.1 The Company shall have the right to commence legal proceedings on the Client’s behalf to pursue a claim for Compensation should the client agree to such legal proceedings, subject to the provisions of this Condition 10.

10.2 Where the Company commences legal proceedings on the Client’s behalf to pursue a claim for Compensation, the Client agrees to:

10.3 Comply with all reasonable requests of the Company and/or any legal representative appointed by the Company without undue delay;

10.4 Permit the Company to have the conduct of the claim and to pursue the claim in such manner as the Company in its absolute discretion thinks fit;

10.5 Disclose all relevant information and documentation as reasonably requested by the Company and/or its legal representative;

10.6 Instruct any legal representative appointed by the Company to provide all information relating to the claim to the Company, at the Company’s request;

10.7 Authorise any legal representative appointed by the Company to pay the Service Charges directly to the Company from any Compensation recovered by the legal representative;

10.8 To pay the Service Charges to the Company if the Compensation is paid directly to the Client.

10.9 The Client agrees to be responsible for the costs of any legal proceedings that the Company commences on the Client’s behalf, the Client shall be responsible for such costs and Administration Charge in any of the following circumstances:

10.10 The Client misleads the Company and/or any legal representative appointed by the Company in any way or any information provided by the Client contains material omissions which would (if not omitted) have resulted in the legal representative and/or the Company declining to accept the Client’s instructions;

10.11 The Client terminates the Contract during the course of the proceedings; or processing the Client’s claim.

10.12 The Client fails to provide the Company and/or the legal representative with information (including without limitation witness statements) within a reasonable time from the time that such information is requested;

10.13 The Client fails to remedy a breach of its obligations under the Contract within 15 days of a notice from the Company requiring the Client to do so.

11. Termination

11.1 The Company shall have the right by giving written notice to the Client at any time to immediately terminate the Contract if:

11.2 there occurs any material breach by the Client of any term of the Contract which is irremediable or if remediable is not remedied to the Company’s satisfaction within 15 days of a written notice by the Company specifying the breach and requiring it to be remedied; or

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

11.4 The Client shall have the right to terminate the Contract without charge by giving written notice to the Company within 14 days of signing the Contract.

11.5 The Client must terminate the Contract in writing and the Company will acknowledge it in writing within 2 weeks. If the Client does not receive the acknowledgement within the specified period, they should contact the Company’s Customer Relations Department. If the termination takes place after 14 days, the Administration Charge will be payable to the Company for the work done at an hourly rate of £120. If the termination occurs after an offer of Compensation has been made by the Third Party, the Company may impose a charge equal to the Service Charges that would be payable if the offer was accepted.

12. Force Majeure

The Company shall not be liable for any delay or other failure to perform any services by reason of any cause whatsoever beyond its reasonable control and the time for performance shall be extended by the period of any such delay.

13. Confidentiality

13.1 Both parties agree to keep confidential the subject matter of the Contract and any information (whether written or oral) acquired by that party in connection with the Contract and not to use any such information except for the purpose of performing its obligations under the Contract.

13.2 Both parties agree that the provisions of Condition 13.1 shall not apply to information already in the public domain other than as a breach of Condition 13.1.

13.3 The restrictions contained in Condition 13.1 shall continue to apply following the termination of the Contract without limit in time.

14. Conflict of Interest

14.1 The Client agrees that the Company shall not be required to disclose to the Client or account to the Client in respect of the Company’s interests, such as in relation to advice on marketing or other matters, provided that the Company does not contravene any applicable rules, regulations or codes of conduct.

15. Privacy Policy and Data Protection

15.1 All personal data will be held in accordance with the terms of the Company’s privacy policy which can be found on the Company’s website www.stampdutyadvicebureau.co.uk/privacy . All data is held in accordance with the provisions of the Data Protection Act 1998 (“DPA”).

15.2 The Company agrees to comply with any written Subject Access Request under the DPA made by the Client for the personal data that it holds subject to any exemptions that may apply from time to time. The Company charges an administration fee for providing this information, which shall not exceed the fee from time to time permitted under the DPA (currently £10).

15.3 The Company further agrees to correct any inaccuracies in the Client’s personal data held at the request of the Client.

15.4 By acceptance of the Company’s privacy policy and unless and until the Company receives written instruction to the contrary, 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 to affiliates, associated companies or firms or service partners for the purposes of assisting the Client with the Client’s claim for compensation that the Company believes may be of assistance to the Client. Except as explicitly stated in this condition and the privacy policy, the Company does not disclose to any third party the information provided by the Client.

16. Misleading Information

16.1 The Company reserves the right to charge the Client for any costs incurred by the Company if any information provided by the Client is misleading or contains material omissions which result in the Company providing the service to the Client, which it would have declined to do, if it had been in possession of the full information.

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

17. Assignment and Subcontracting

17.1 The Company reserves the right to assign the Contract and all rights under it and to subcontract to others all or any of its obligations. Any assignment will in no way prejudice the client’s rights. The Contract is personal to the Client and is not assignable except to the personal representatives of the Client.

18. Rights of Third Parties

18.1 A person who is not a party to the Contract will have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce the Contract.

19. Entire Agreement

19.1 The Contract contains all the terms which the Company and the Client have agreed in relation to its subject matter. Nothing in the Contract excludes or limits either party’s liability for fraudulent misrepresentation.

20. Notices

20.1 Any notice to be given in accordance with the Contract and these terms and conditions must be in writing.

21. Severability

21.1 If any provision of the Contract is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of the Contract and the remainder of the affected provisions shall continue to be valid.

22. Variations

No variation to these conditions shall be binding unless agreed in writing between the Company and the Client.

23. Complaints

The Company operates a complaints mechanism, full details of which are set out in stampdutyadvicebureau.co.uk/complaints

24. Waiver

No failure or delay in exercising any of the Company’s rights shall constitute a waiver of the same or any other of its rights.

25. Law and Jurisdiction

The law applicable to the Contract shall be English law and the parties consent to the jurisdiction of the English courts in all matters affecting the Contract.

26. Execution

This AGREEMENT (hereinafter referred to as the “Agreement”) is made and entered into as of {{contractCreationDate}} (the “Effective Date”), by and between {{clientFullName}}, residing at {{UserAddrLine1}}, {{UserAddrLine2}}, {{UserCity}}, {{UserCountry}}, {{UserZipPostcode}} either acting in their individual capacity or, if applicable, as a duly authorized representative of {{NameOfLimitedCompanyUsedForPurchase}}, a limited company registered under the laws of England and Wales, with Company Number {{CompanyNumber}} (hereinafter collectively referred to as the “Client”), and Stamp Duty Advice Bureau Ltd, a limited liability company incorporated under the laws of the United Kingdom (hereinafter referred to as the “Company”).

The undersigned individual, who represents and warrants that they have the requisite legal authority to enter into this Agreement either on their own behalf or on behalf of the Client, as applicable, hereby agrees to be bound by the terms and conditions set forth herein, and any applicable laws and regulations governing the relationship between the parties.

This Agreement is created and executed on behalf of Stamp Duty Advice Bureau Ltd, a company registered under the laws of the United Kingdom with its registered office at 4 Bolton St, Ramsbottom, Lancashire BL0 9HX.