1 tax question, 1 consumer rights question

[andyandy]

Hello

Two questions....

firstly, I moved abroad in August this year - will that mean i am able to reclaim a chunk of the tax i paid in the April to August timeframe? I presume it will, because the £6000 allowance (or whatever it is) will be a bigger chunk than PAYE was calculating....also, is it calculated from the date you leave the country or your last paycheck? I left the country before i got my paycheck for August - so would that be included in any tax considerations?
And how do i go about trying to claim any money back/what is the time limit?

Secondly....

I've recently had a bad experience with 123reg.co.uk - (avoid like the plague....). They automatically took a renewal for services on a credit card stored with the company, and even though i contacted them the same day to say i wanted a refund, they are refusing to give one. Is this a breach of basic consumer rights? If so can i do anything about it?

Thanks! My cheque for services rendered is in the post.....:)

[Jaggy Bunnet]

Hello

Two questions....

firstly, I moved abroad in August this year - will that mean i am able to reclaim a chunk of the tax i paid in the April to August timeframe? I presume it will, because the £6000 allowance (or whatever it is) will be a bigger chunk than PAYE was calculating....also, is it calculated from the date you leave the country or your last paycheck? I left the country before i got my paycheck for August - so would that be included in any tax considerations?
And how do i go about trying to claim any money back/what is the time limit?

Assuming that you have either permanently left the UK or have left the UK to take up a full time job abroad, you should complete form P85:

http://search2.hmrc.gov.uk/kbroker/hmrc/forms/viewform.jsp?formId=766

HMRC guidance on how the rules apply here:

http://www.hmrc.gov.uk/cnr/hmrc6.pdf

Short answer is, if you have become non-resident then you will have overpaid your tax as you will have your full personal allowance to offset against your income, whereas the amount deducted under PAYE would have been based on spreading it over the full tax year.

August salary will be taxable in the UK as it was earnt in the UK, even if you were abroad when you received it.

[The Don]

I've recently had a bad experience with 123reg.co.uk - (avoid like the plague....). They automatically took a renewal for services on a credit card stored with the company, and even though i contacted them the same day to say i wanted a refund, they are refusing to give one. Is this a breach of basic consumer rights? If so can i do anything about it?

Thanks! My cheque for services rendered is in the post.....:)

IANAL (and glad of it ;) ) but I guess it all comes down to the terms and conditions on the contract you undertook. The full terms and conditions are here http://www.123-reg.co.uk/terms/general-terms.shtml and I think section 6 applies. The key bits IMO are:

6.1.1 Fees payable monthly or yearly will be paid in advance and will not be refundable in whole or part if the Agreement or relevant part is terminated during the period to which the payment relates

If you have an annual contract with them then even if you cancel on day I they will not refund

6.8 Where the Client authorises payment of any of the Fees by credit and or debit card then 123-reg may deduct other amounts becoming payable to it under the Agreement from that credit or debit card without obtaining additional authorisation from the Client. For the avoidance of all doubt the Client must have an active credit or debit card stored on 123-reg's systems for the duration of the Agreement.

If you've given them your card then you've authorised them to take payment from it - indefinitely

It looks like it's an ongoing agreement. The termination section is section 12

12.1 123-reg will provide the Services for the period of 12 months from the date of the relevant Order Confirmation or, where different, any other period of supply stated on the Order Confirmation (such period being termed the "Initial Period") and will continue beyond that period, subject to termination by:
12.1.1 the Client upon serving 30 days' written notice on 123-reg following completion of 123-reg' prescribed template procedures for terminating the whole or any part of the Agreement (details of which can be obtained from 123-reg' Customer Services Team); or
12.1.2 123-reg serving 30 days' written notice on the Client to expire at any time after the Initial Period.

So you have to provide 30 days notice to terminate. The agreement is otherwise open ended


As I said IANAL but it seems as though you're stitched up pretty tightly there. I don't think you have a legal case but it does look like pretty cruddy customer service. Perhaps a quick letter to a customer advocate may put pressure on (for example there's some bloke in the Telegraph who goes into bad for the "little man".


Was it a significant sum of money ? (I only ask because I have a contract with 123-reg but as far as I can recall it's less than £2/month)

[andyandy]

IANAL (and glad of it ;) ) but I guess it all comes down to the terms and conditions on the contract you undertook. The full terms and conditions are here http://www.123-reg.co.uk/terms/general-terms.shtml and I think section 6 applies. The key bits IMO are:



If you have an annual contract with them then even if you cancel on day I they will not refund



If you've given them your card then you've authorised them to take payment from it - indefinitely

It looks like it's an ongoing agreement. The termination section is section 12



So you have to provide 30 days notice to terminate. The agreement is otherwise open ended


As I said IANAL but it seems as though you're stitched up pretty tightly there. I don't think you have a legal case but it does look like pretty cruddy customer service. Perhaps a quick letter to a customer advocate may put pressure on (for example there's some bloke in the Telegraph who goes into bad for the "little man".


Was it a significant sum of money ? (I only ask because I have a contract with 123-reg but as far as I can recall it's less than £2/month)

Thanks for your reply - i was pretty staggered that a company wouldn't give a refund under such circumstances....but from that it appears that they aren't going to. It's not the end of the world money-wise, but it is pretty bloody annoying (about £40 for a Instanttraffic package which i don't want or need....)

I'm going to email again to point out that:

1) If they don't give a refund then they'll never get another penny from me - whereas i would otherwise like to stay with them because i'm lazy and it's a hassle to change. This will cost them more than £40 in the long term

2) I will make sure that I spread the word on as many websites and review boards to warn people that this is a shoddy company who doesn't give a toss about its customers. This will cost them more than £40 in bad publicity and loss of sales.

3) This is a really crappy way to run a business....

Might not do any good, but it might make me feel better :D

[andyandy]

Assuming that you have either permanently left the UK or have left the UK to take up a full time job abroad, you should complete form P85:

http://search2.hmrc.gov.uk/kbroker/hmrc/forms/viewform.jsp?formId=766

HMRC guidance on how the rules apply here:

http://www.hmrc.gov.uk/cnr/hmrc6.pdf

Short answer is, if you have become non-resident then you will have overpaid your tax as you will have your full personal allowance to offset against your income, whereas the amount deducted under PAYE would have been based on spreading it over the full tax year.

August salary will be taxable in the UK as it was earnt in the UK, even if you were abroad when you received it.

Ok - thanks - i'll get onto that! Many thanks - that should off-set the losses to 123reg :D

[andyandy]

After starting a thread in the computers section about 123reg, i was contacted by someone from the company who have now agreed to refund the charge. Well done the power of JREF! :D