Fast TraxR (again)

[SeaEmSee]

Fast Track Reclaim (again). Somebody please help me!

[atticus]

What help do you need?

[SeaEmSee]

Apologies, my phone screen went loopy and posted this nonsense prematurely, please accept my apologies

Fast Track Reclaim - this is now affecting my mental health, I am incredibly scared, absolutely shattered, I am not sleeping and spending the entire time in tears. I am a strong person, this is incredibly hard for me to admit and just typing this is having a massive effect on me.

I used FTR in 2017 for a PPI claim, this was done, completed, they were recompensed and that was that. I have been registered for Self Assessment since 2017, I travel a lot in my job and have a petrol card, so i pay tax on that usage. It made sense (and was recommended by HMRC) to register for Self Assessment, so i did. Accordingly, since 2017, I have been doing my own self assessment claims on line, on my own, without the use of any tax accountant, tax specialists or Claims companies. didn't even realise I could use them but appointing and paying an accountant to do a really simple task once a year was in my eyes, utterly pointless and a waste of money, especially when the whole thing takes no more than 10 mins,

Anyway, sorry, I am rambling. I apparently got a load of marketing stuff from FTR in August 2021, The thing that I clicked on that had a big "Check now" button was a very specific email to me saying I could be owed £108.51 as a result of the PPI claim that they completed for me in 2017. "Check Now" to apply for this. So, having used them before, I did "check now". (Please note, this whole thing is according to them, I do not have any of this in my email and I do not have a signed copy of this form from 2021 - but they do and have produced it, along with the marketing email they sent me which this is in direct response to and I most certainly do NOT remember any of this). So, I signed something on line, their Ts and Cs, which were quite generic and not specific, but specific enough to assume that I would be authorising them to follow up with HMRC on this claim. What I did NOT know, and what is not anywhere on the T's and C's is that this was carte blanche for them to take the "digital signature" from the Ts and Cs, transpose this on to an R40 AND a 64-8 and send to HMRC telling them that I had completed and signed these forms and they were now responsible for all my tax stuff! I most certainly did NOT give them permission for this and had I have known this would be the outcome, I would not have "checked now" on anything. the timeline after this is as follows:

HMRC received this on 1st Sept 2021
FTR also contacted me on 1st Sept 2021 (again, they have provided me this, I have no records of this) to tell me that the "claim 20% extra" button that I apparently clicked has been refused by the lender so this part of the claim was closed, but this does not affect the ability to get my tax back and they will contact me separately about this
I then got another email from them on 28th Oct 2021 saying "my PPI tax claim is being processed with the HMRC for a refund but they have a severe backlog, covid19, blah blah, but in the meantime they'll send me some more opportunities to claim back monies....."
Boy were they good to their word - by the looks of the stuff they sent me, they spammed me daily with Bank Account Claim possibilities, Mobile insurance possiblilities, Mis-sold breakdown insurance, etc. I unsubscribed from these (i guess) on 30th October as FTR didn't contact me again, for ANYTHING! NOT even the case that they were apparently authorised to work on for me. (The reason that they gave me for this is because I unsubscribed from Marketing, but surely, if they're representing me, that isn't marketing, right?)
Accordingly, I forgot all about them.
I didn't file a self assessment for the 2020-21 tax year - for obvious reasons - so I just paid the usual tax through my PAYE and probably overpayed by maybe £1-200
the next Self Assessment I filed was in December 2022 for the 21/22 tax year. this was paid, as usual in to my bank account in February 2023
I then filed (earlier than I usually do) my 22/23 tax return in July 2023 - towards the end of the month and completed the self assessment by filling in my bank details as I usually do. I already knew what the calculation was as the system tells you once you put the details in to the relevant section, so it was just a matter of time before it was refunded to me. I then tried to call HMRC a couple of weeks later, as they had needed a nudge with the last claim given they had "changed their processes and it wasn't necessary for me to file a Self Assessment, so because they hadn't asked for one, they weren't looking out for it - but the lines were closed and wouldn't re-open again until early Sept. (My claims are usually over £2.5k - I travel A LOT)
In early Sept I got notification from HMRC that they were refunding me, can't remember how I got the notification, think it was via email on gov gateway login, but can't be sure
Around the same time, I got a text message from FastTrackReclaim saying something along the lines of "we have received an offer for you" I deleted it, thinking it was one of those phishing / scam texts and bristled a bit with a potential data leak from HMRC
I then got another text message saying “, great news, you have received a refund offer from HMRC. Your invoice is in the post and we will contact you shortly”. I was stumped. I had done this, nothing had changed from the last claim in December, and made a note to call HMRC and find out if data had been breached somehow, I also checked my gov gateway login and there was definitely NO agent linked or listed on my account, so I deleted and carried on with my life
the Cheque arrived (they never pay me by cheque it is ALWAYS direct in to my account, but let it go as figured human error) on 13th sept and was banked the same day. A few days later the invoice arrived. they are chasing me for just under £950 of MY Self Assessment.
the HMRC have written to them to tell them that the R40 they sent in was rejected as I was already in Self Assessment and a bare nomination was received for the 2017/18 tax year. As the correct form (a overpayment claim form) was not received, the time for claiming 2017/18 is now gone and therefore the claim is invalid. They also told them that there was no deed of assignment in place. the monies that I received were for my 22/23 and not 17/18
YET, what the HMRC did do, is tell them about the refund for the Self Assessment - I have no idea why! the HMRC also state that they informed them about the December refund too, but they never chased me for that, if they had, I'd have known of their existence on my file. The HMRC fully admitted to me that they would not have shown up on my gov gateway account or login so i would not have known they were there.

I have now been bullied, harrassed and intimidated by not only FTR, but also, now, their legal company Joseph James Law (in the same address as FTR).I cannot get any assistance, anywhere, FCA are saying it's out of their jurisdiction, Action Fraud aren't interested, Legal Ombudsman is a large wall of silence and the CAB are about as much use a chocolate fireguard. Right now, I just want to sleep - continuously and forever, I am a shell of my former self and I just.want.help, I simply can't go on

[SeaEmSee]

Also just to state I have had them removed from my account, HMRC do not require a letter as they say that they have changed their processes given the number of issues that they have had with "these types of companies" I have also put in a full SARS, written the complaint letter, they have responded (clearly disagreeing with all the things I said and ignoring other stuff) and I have the 3 letters (one letter per year, literally) that they sent to the HMRC about the case that I thought they were working on, the £108.51 - all of which were sent by standard mail, and the last one listed EVERY piece of sensitive data you need, my DOB, full Name, full address and NI number in the letter!

[EXC]

Like Atticus I'm not sure what help you're looking for or how much you've lost or being held liable for but I do know that Fast Track Reclaim are a decease. At least when they were dealing in PPI claims they fell within the jurisdiction of the Financial Ombudsman, but tax claims are sadly totally unregulated.

In my experience dealing with complaints about them with PPI claims, Joseph James Law have never actually issued proceedings despite constantly threatening to. Do not allow them to frighten you into paying on the basis that they'll sue.

At least the Advertising Standards Authority rebuked them for misleading marketing material, which you could refer to in the unlikely event that JJL issues a court claim Quickly Finance Ltd - ASA | CAP

I know that HMRC were clamping down on scammers like them so it's a result you've had Fast Track removed from your account.

[SeaEmSee]

Like Atticus I'm not sure what help you're looking for or how much you've lost or being held liable for but I do know that Fast Track Reclaim are a decease. At least when they were dealing in PPI claims they fell within the jurisdiction of the Financial Ombudsman, but tax claims are sadly totally unregulated.

In my experience dealing with complaints about them with PPI claims, Joseph James Law have never actually issued proceedings despite constantly threatening to. Do not allow them to frighten you into paying on the basis that they'll sue.

At least the Advertising Standards Authority rebuked them for misleading marketing material, which you could refer to in the unlikely event that JJL issues a court claim Quickly Finance Ltd - ASA | CAP

I know that HMRC were clamping down on scammers like them so it's a result you've had Fast Track removed from your account.

thanks for responding, I need to know where I stand, legally, and if I have a defense case. I absolutely will NOT be paying them a thing and I am aware of the ASA case, I had a response from a lovely lady from LITRG, but I work for an FCA business, what if I get a CCJ or a default for something that is not my issue - I have never had this issue before with anything financial, I am completely all at sea with this

[R0b]

Not a tax expert so I don't know what those forms you refer to mean or do but leaving that aside for now, it sounds like FTR have been doing some dubious things and on the face of it, not entirely above board either.

There's a lot I could comment on but if we can take a step back and in a simple sentence or two (if I am understanding correctly), FTR sent some marketing material about PPI claims and when you clicked the "check now" button, you somehow signed yourself up to FTR acting for you in all PPI claims, or was it PPI tax claims only, or something else?

I'm trying to work out whether the PPI marketing material explicitly stated that it was claims related to tax rebates resulting from PPI claims you have made or if it simply stated PPI claims generally, because it's unclear and if you only say PPI claims then I would have to interpret that literally meaning there was no reference to tax rebates on PPI claims or that they would be acting for you in relation to tax rebates.

[EXC]

The initial PPI marketing material, including the contract, didn't refer to any tax claims. But FTR would typically re-contact clients who had successfully claimed PPI through them offering to claim the tax back on the interest element of the PPI refund which was usually deducted by the lender. I've not seen any of that marketing material but it was probably an online form. The process wouldn't make it clear that you were actually assigning your tax affairs to them as the ASA described.

There is no doubt that FTR's PPI sign up process was misleading. It would be a 'free PPI check' to establish if you had ever paid it but would somehow morph into a binding claims management contract if you had. Unfortunately FOS regularly dismissed complaints about the lack of clarity but I did win a case for someone when complaints were previously handled by the Legal Ombudsman, who held that the process was misleading, unclear and opaque.

[EXC]

thanks for responding, I need to know where I stand, legally, and if I have a defense case. I absolutely will NOT be paying them a thing and I am aware of the ASA case, I had a response from a lovely lady from LITRG, but I work for an FCA business, what if I get a CCJ or a default for something that is not my issue - I have never had this issue before with anything financial, I am completely all at sea with this

How much are FTR asking you for?

[SeaEmSee]

The initial PPI marketing material, including the contract, didn't refer to any tax claims. But FTR would typically re-contact clients who had successfully claimed PPI through them offering to claim the tax back on the interest element of the PPI refund which was usually deducted by the lender. I've not seen any of that marketing material but it was probably an online form. The process wouldn't make it clear that you were actually assigning your tax affairs to them as the ASA described.

There is no doubt that FTR's PPI sign up process was misleading. It would be a 'free PPI check' to establish if you had ever paid it but would somehow morph into a binding claims management contract if you had. Unfortunately FOS regularly dismissed complaints about the lack of clarity but I did win a case for someone when complaints were previously handled by the Legal Ombudsman, who held that the process was misleading, unclear and opaque.

that is exactly what it was, and I have a copy of the marketing email they sent me. it was an exact amount of £108.51 tax which I could be due to be refunded given my PPI win 4 years ealier, and to "Check Now" - which then led me to online Ts & Cs (which mentioned NOTHING about them being an agent for ever and a day on any and all of my taxation matters) and then they used my "digital signature" to copy on to the HMRC R40 and 64-8, hence we are where we are 3 years later.

I'm no lawyer and this whole thing makes me both angry and terrified at once, turning me in to one big emotional lump. I simply do NOT understand why nobody is taking this on - the HMRC changing their process is one thing, but they are consistently getting away with bullying, intimidation and harrassment because there isn't a governing body like the FCA who can touch this. The conduct of the business alone is about as far removed from any kind of TCF and Consumer duty, but it's out of anyone and everyone's jurisdiction. They have flouted GDPR as well.

[SeaEmSee]

Not a tax expert so I don't know what those forms you refer to mean or do but leaving that aside for now, it sounds like FTR have been doing some dubious things and on the face of it, not entirely above board either.

There's a lot I could comment on but if we can take a step back and in a simple sentence or two (if I am understanding correctly), FTR sent some marketing material about PPI claims and when you clicked the "check now" button, you somehow signed yourself up to FTR acting for you in all PPI claims, or was it PPI tax claims only, or something else?

I'm trying to work out whether the PPI marketing material explicitly stated that it was claims related to tax rebates resulting from PPI claims you have made or if it simply stated PPI claims generally, because it's unclear and if you only say PPI claims then I would have to interpret that literally meaning there was no reference to tax rebates on PPI claims or that they would be acting for you in relation to tax rebates.

It wasn't PPI marketing material, it was a "as you had a successful claim with us, we have calculated you could be owed £108.51 tax rebate.........." etc, and then a big "check now" button. I have the marketing gumpf with me. this was in 2021, 4 years after my PPI claim. What they are telling me I owe them now is just short of £950, but it is NOTHING to do with the 2017/18 tax overpayment on the PPI claim, but rather my last Self Assessment - which I do every year myself anyway and have done since 2017

[SeaEmSee]

How much are FTR asking you for?

just short of £950

[EXC]

that is exactly what it was, and I have a copy of the marketing email they sent me. it was an exact amount of £108.51 tax which I could be due to be refunded given my PPI win 4 years ealier, and to "Check Now" - which then led me to online Ts & Cs (which mentioned NOTHING about them being an agent for ever and a day on any and all of my taxation matters) and then they used my "digital signature" to copy on to the HMRC R40 and 64-8, hence we are where we are 3 years later.

I'm no lawyer and this whole thing makes me both angry and terrified at once, turning me in to one big emotional lump. I simply do NOT understand why nobody is taking this on - the HMRC changing their process is one thing, but they are consistently getting away with bullying, intimidation and harrassment because there isn't a governing body like the FCA who can touch this. The conduct of the business alone is about as far removed from any kind of TCF and Consumer duty, but it's out of anyone and everyone's jurisdiction. They have flouted GDPR as well.

I can fully sympathise with you and understand your frustration.

If you've not already done it you need to make an SAR to HMRC asking for the assignment and any correspondence they have with FTR (not sure if the SAR you sent was to FTR or HMRC).

As I said I think it's unlikely that FTR or JJL will issue a court claim (as it's very risky for them). It's basically a case of lack of informed consent on the assignment that would be the basis of a defence and I reckon FTR wouldn't be confident that they could prove you provided it.

Do you have a copy of the online T&Cs came with the 'check now' form?

[wales01man]

How did they know you were owed a tax rebate?

[SeaEmSee]

I can fully sympathise with you and understand your frustration.

If you've not already done it you need to make an SAR to HMRC asking for the assignment and any correspondence they have with FTR (not sure if the SAR you sent was to FTR or HMRC).

As I said I think it's unlikely that FTR or JJL will issue a court claim (as it's very risky for them). It's basically a case of lack of informed consent on the assignment that would be the basis of a defence and I reckon FTR wouldn't be confident that they could prove you provided it.

Do you have a copy of the online T&Cs came with the 'check now' form?

Yes, I have the Ts & Cs, it's the usual heady mix of vague and non-specific and fitted the full reason they contacted me. I have all the correspondance from FTR to HMRC already, they sent 3 letters, one in 2021 with the forms that I (didn't) complete and sign, a 2nd in 2022 chasing up the case and a 3rd in June this year, still chasing the case for 2017/18. I also have the letter that HMRC sent them telling them the R40 they sent was rejected as I was already in Self Assessment and the bare nomination form was for 17/18 and also that there was no deed of assignment in place. the HMRC are also liable for a lot of this as they told them about my last SA refund and released that data to them