Tax rebate cheeky bugger

[drinkingwineoutofamug]

So had a letter off HRMC to say I had over paid tax by £35. They would send me the payment through some company called Brooksdale. Just had a message off said company to claim my £35. No it will be £18 after brooksdale take their fee!
So my question is how do I get the full £35? I now can't find the letter I got last week to contact HRMC .

Wow! Just looked this up on Which? I had no idea it was such a big problem. And it's totally unregulated! Scary.

www.which.co.uk/news/article/owed-a-tax-rebate-beware-the-companies-that-charge-up-to-half-to-claim-it-for-you-apc2O0F7O8xW

@Paragon86 I know it's not straightforward and didn't mean to suggest that in my post. I had said in a previous post that if there is a deed of authority in place OP needs to get decent legal/consumer advice because it's not easy to get out of. And from what I understand HMRC's hands are likely to be tied on the matter. I have found this thread quite shocking because it seems OP has no idea how the company has come to act on her behalf. It definitely sounds like an area that needs greater regulatory oversight.

Even if it isn't regulated directly, they are covered by things such as the Consumer Rights Act, and data protection, which means that companies can't just include terms in a contract which are detrimental to a customer without majorly drawing them to their attention, and also can't use your data without explicit consent. Just because Brookdale are doing it now and getting away with it means someone hasn't challenged them on it legally yet, it doesn't mean it is legitimate or ethical or right or that they can get away with it.

Fuck me.
So when I applied myself for ppi - used templates off money saver or some site like that, it meant I had paid too much tax.
Apparently I had an email about it. Checked while had person on phone. No email.
So HRMC are using Brooksdale to pay back any tax owed through them. It's not from usual tax from work kind of thing.
The person on the phone said I had to give them my details NI /bank details etc. told them I wasn't born yesterday and I want a cheque. They are getting someone to call me back as not normal practice.

Tell them they do not have your consent to act as an agent on your behalf. If they think they have consent please could they email you the deed of assignment that you have signed?

Sounds dodgy when HMRC have the means to pay you back directly already. I take it you got this information from Brooksdale rather than HMRC? If I were you I'd still be pursuing HMRC to find out whether they have any deeds of authority against your name. It's £35 this time, but in future you could miss out on a lot more.

Did you get your PPI refund via Brooksdale or direct from the provider?

Unfortunately @Rosehugger the vulture company do not need the taxpayer’s continuing consent to act as agent. The D of A overrides that. Even where the taxpayer subsequently appoints another agent (via Form 64-8) any and all refunds for the D of A years continue to flow through to the vulture company.

Apparently it was in an email that I never received and so haven't agreed to anything.
The way the person spoke it was a direct agreement with HRMC and Brooksdale.
Will phone HRMC tomorrow at 8am.
Either way because it's not a tax rebate for work but for a ppi claim I did myself I won't get the full £35 because Brooksdale take there cut

It was 3 banks. Got sent 3 cheques from the 3 banks. No middle man.

Don’t talk to Brooksdale about it - talk to HMRC!

You need to speak to an actual person at HMRC - claiming tax back online is all very well and good but that won’t make Brooksdale go away.

Even if it takes all day you have to wait. Call at a quieter time.

That's clearly bollocks though, it doesn't work legally at all. A deed of assignment needs to be signed by both parties, signed and delivered as a deed, otherwise it isn't a valid deed. If Brookdale try this on with me I'll make them sorry they were born.

I think you are wise to deal with HMRC rather than Brooksdale as far as possible. It sounds to me like Brooksdale are spinning you a line. Unless you applied for the PPI refund through them (which you have said you didn't) then I don't see why HMRC would use a third party to process a tax rebate. They can process tax rebates themselves for any reason not just for work/PAYE.

It might be worth doing a Subject Access Request to find out what information Brooksdale hold on you? They're legally bound to respond and so if they do have a deed of authority you would find out. If they don't then you can communicate that to HMRC. It may also give you decent evidence to back up a complaint to the Information Commissioner.

ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/

Yes, I was just thinking about that. SARs are a pain in the arse and I'd want to be as much a pain in the arse to Brookdale as possible.

Here is a thread on Money Saving Expert about it:

forums.moneysavingexpert.com/discussion/6321210/hmrc-sending-cheque-to-brooksdale-ltd

I still don't see that even if you had agreed to data sharing, this is tantamount to "I have also signed a deed of authorisation for you to deal with my tax affairs."

Scammety scam scum scammers.

This.

It’s not a scam, it’s legitimate. At some point the OP will have interacted with this firm (albeit without realising the implications).

personally I think it’s a disgrace that these companies can operate and take a cut when it takes seconds to do it yourself through the Gateway.

but that doesn’t make it a scam!

Scam.

but that doesn’t make it a scam!

If they are writing to people because the Claims Guy or similar has shared customer data with them, yes it does make it a scam as they do not have proper authority from the individual to act on their behalf. Just because someone has shared your name, address and tax reference number doesn't mean they can suddenly act as your agent. They would need your express authority to do that.

Hand on a minute though, you mentioned the NMC & the RCN. Is there any chance you've filled in one of those "claim your employment expenses" forms in when you've had an old style RCN magazine? I know lots of RCN members who've done that because it came from their union rather than going online to do it.

Just as an FYI, you can claim 5 tax years backwards for tax relief on your NMC fees, RCN subs, socks/tights (if you wear a uniform) and a few others things depending on your speciality and if you are a member of any of the other colleges or learned societies - simple enough to do yourself online directly with HMRC.

Interesting that the Brooksdale letter talks about overpaid tax, yet the story changed when the OP spoke directly to them and it was something else. Sounds like a very sneaky company , even if they are technically working within the law.

Good spot. They are definitely telling tales. OP - worth keeping notes of what they say when for a complaint.

Even if someone signed a form in a magazine, matters such as "We can now take your first born son, sell your house from under you, and claim 50% of any tax rebates" or any other such bollocks they want to come up with CANNOT be hidden at the bottom in small print. CRA 2015

Who's got regulatory oversight of that and who could OP complain to? Would it be the Competition and Markets Authority?

This is a good read
www.litrg.org.uk/tax-guides/tax-basics/how-do-i-claim-tax-back/should-i-use-tax-refund-company