Terms and Conditions

---

These terms and conditions of Business are intended to apply to all services provided by AR Claims Ltd (also referred to as “we”, “us” or “our”), a limited company registered in England and Wales under company number 14215151 with a registered address of 82A, James Carter Road, Mildenhall, Suffolk, IP28 7DE (now and in the future) unless otherwise agreed provided to you, your spouse or civil partner (“Client”).

1. Our Services

We provide refund reimbursement services for any overpayment of stamp duty tax as stated within the claim form/application form completed by you or following your instruction. We will prepare the documentation required to apply for/ pursue a refund or reimbursement. When an application form is submitted to us, you are instructing us to process your claim for stamp duty refund you were eligible. 

We may decide that a claim is not eligible when reviewing a claim form and/or we may determine that a claim is invalid; if this is the case, we will inform you of the same, however we reserve the right to not submit the claim to HMRC in these circumstances. We also reserve the right to refuse to continue to act for you if following a submission of a claim/application form we deem that to continue to act for you may cause harm to our reputation and/or our relationship with HMRC. Under no circumstances shall we be held responsible or liable for any damages because of any decision we make not to submit a claim or application on your behalf to HMRC. 

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:

• Compensation is recovered for the Client by the Company and the Service charges (charges payable by the client set out in the contract) or the Administration Charges (as applicable) are paid by the Client and nine months has elapsed from the date of compensation received; or

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

• 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.

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

• That it will use its reasonable endeavours  to pursue an application for Compensation from the Third Party on behalf of the Client (“the Client’s claim”) where the Company believes that it is reasonable to do so, having regard to the merits and the value of the Client’s claim.

• To use reasonable endeavours to keep the Client informed of the progress of the Client’s claim.

• That it will not seek to recover the Service Charges should the application to the Third Party for Compensation prove unsuccessful.

• To always act in the best interests of the Client.

• To promptly pay any Compensation received by the Client to the Company.

• Our website and all conversations, correspondence, and information provided, is solely for the promotion of our service. is not legal or tax advice and the contents of the website cannot be used in a legal action against the company.

2. Your Responsibilities

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 such charges from any person who is the Client.

In the event the Company takes steps to recover any Service Charges and/or Administration Charges due and unpaid by the Client to the Company, the Client shall pay to the Company the Company’s costs (including administrative costs) of taking such steps plus VAT (if applicable) on those costs and in addition the Client undertakes that it will at all times be responsible for all costs and expenses incurred by the Company, including but not limited to, Court fees and administrative fees in recovering from the Client any Service Charges and Administration Charge (where applicable) due and unpaid from the Client to the Company.

All sums due from the Client which are not paid on the due date (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 rate of Bank of England from time to time.

The Client agrees with the Company:

• To provide promptly all such information as the Company may from time-to-time reasonably request.

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

• 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.

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

• 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.

• 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);

• Not to appoint any other claims handling company or other person firm or company to provide the SDLT refund service for same property during the term of the Contract without the prior written consent of the Company.

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

• Payment Obligations of the Client and the Company.

3. Charges and Expenses

We will charge a fee of 30% (unless stated otherwise in your Letter of Authority) of any refund obtained. By agreeing to these Terms and Conditions you are granting us the power to act on your behalf in relation to the recovery of any refund. By agreeing to these Terms and Conditions you are also agreeing to assign to us (transfer ownership to us) any monies we recover on your behalf from HMRC in respect of your relevant refund. You therefore agree and acknowledge that our fee, will be paid to the us the Company within 7 working days of receiving the refund or no later than 14 days after receipt of any invoice from us into our Business Account.

If you fail to make payment of our charges by the date they are due, then you will have to pay interest on the overdue sum from the due date of payment of the overdue sum, such interest accruing each day at 4% a year above the Bank of England’s base rate from time to time. 

The Company will use all reasonable endeavour to perform the Services within a reasonable period from the date of receipt of the letter of engagement/authority form signed by the Client. The Company cannot be held responsible for delays due to circumstances beyond its control, such as delays caused by the Third Party or the Client. 

4. Data Protection

The privacy and security of your personal information is very important to us. Any personal information submitted to us will be subject to the provisions of the General Data Protection Regulation 2016/679 (“GDPR”) and any legislation enforced within the UK in order to comply with GDPR, unless required to do so by law or a professional body, we will not disclose any personal data to any other person or organisation without the required consent unless otherwise agreed to by you and as stated within these Terms and Conditions.

We want to assure you that your client information will be properly managed, protected, and respected. You can be assured any information you provide will be used strictly in accordance with the terms laid out in this statement. This privacy statement explains how we collect and use your client personal information, what choices you have and other important information.

The Company’s liability in respect of the Services is to provide the same 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 to verify the accuracy of the mathematical calculations set out in the documents provided to it, but merely to evaluate the merits of the Client’s claim

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.

You will not hold us, our principal(s)/director(s), shareholders and staff, responsible, to the fullest extent permitted by law, for any loss suffered by you arising from any misrepresentation (intentional or unintentional) supplied to us orally or in writing. This applies equally to fraudulent acts, misrepresentation or willful 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 we have agreed to perform with reasonable care and skill) have been evident to us without further enquiry.

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.

The company will not be responsible, should the 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.

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

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.

These terms and conditions shall be governed and constructed in accordance with the laws of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.