Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of our services in relation to claims or enquiries concerning Home Responsibilities Protection ("HRP"), your State Pension, National Insurance (NI) record, NI credits or qualifying-year corrections, widow's/widower's/surviving spouse or inherited State Pension entitlement, marriage-based State Pension uplift, deferred or delayed State Pension entitlement, and any linked Pension Credit effect where relevant to your case.

By using our services, you agree to these Terms. "We," "Us," and "Our" refer to Kensbridge Ltd, Houldsworth Business & Arts Centre, Houldsworth Street, Stockport, England, SK5 6DA.

"You" and "Your" refer to the individual using our services.

"Claim" means the process by which we assess, prepare, submit or progress your claim or enquiry for potential underpayments, arrears, corrections, adjustments, uplifts or benefit entitlements relating to HRP, your State Pension, NI record, NI credits or qualifying years, widow's/widower's/surviving spouse or inherited State Pension entitlement, marriage-based State Pension uplift, deferred or delayed State Pension entitlement, and any linked Pension Credit effect where relevant to your case.

By using our services, you also agree to the terms of our Conditional Fee Agreement (CFA), which governs our Success Fee and payment structure.

2. Definitions and Scope

Service Description

Our services include the assessment, preparation, submission and progression of Claims, including HRP claims, related State Pension and National Insurance record corrections, NI credits or qualifying-year corrections, State Pension correction / underpayment reviews, and linked Pension Credit effects where relevant to your case.

Eligibility / Relevant Categories

It is your responsibility to provide accurate information so that we can assess whether you may fall within a relevant HRP or State Pension correction / underpayment category.

Depending on your circumstances, this may include one or more of the following:

• HRP / Caring Responsibilities: You took time off work between 1978 and 2010 and claimed either Child Benefit (for a child under 16) or Income Support on the grounds that you were caring for a person with a disability or long-term illness.
• National Insurance credits or qualifying-year corrections: There may be missing, incorrect or unrecorded NI credits or qualifying years affecting your State Pension calculation.
• Marriage-based State Pension uplift: You may be entitled to a spouse or civil-partner based increase, married woman's uplift or Category BL uplift where applicable.
• Widow's, widower's or surviving spouse entitlement: You may be entitled to a State Pension uplift or inherited State Pension entitlement linked to a late spouse or civil partner.
• Deferred or delayed State Pension: You may have deferred or delayed claiming State Pension and may be entitled to extra State Pension, a deferred lump-sum, one-off payment, arrears or back payment where applicable.
• Linked Pension Credit effects: A State Pension correction or underpayment review may affect Pension Credit, but only where linked to the relevant State Pension correction or underpayment matter.

If you fall into any of these groups, your pension will not necessarily be automatically topped up, and you should check whether you may be eligible for a Claim.

Supporting Documents

"Supporting Documents" means documentation you may need to supply to support your Claim, for example proof of caring responsibilities, previous tax or pension communications, DWP notices, award letters, pension statements, identity/address evidence or other relevant records.

3. Your Responsibilities

• Accurate Information: You agree to provide full, accurate and complete information regarding your Claim.
• Timely Provision: You will promptly supply Supporting Documents and any additional information reasonably requested by us or by HMRC/DWP.
• Eligibility Information: You confirm that the information you provide about your circumstances is accurate and complete, and you understand that eligibility will depend on the specific HRP, State Pension, NI record, uplift, deferral or linked Pension Credit issue relevant to your case.
• Authorisation: You authorise us to act on your behalf in relation to the Claim, including communications with HMRC and DWP, subject always to the authority you grant via the documents you sign, including the CFA, HMRC Form 64-8 where HMRC authority is required and any DWP Letter of Authority where DWP authority is required.

4. Our Responsibilities

• Service Delivery: We will use reasonable skill and care to process your Claim accurately and in a timely manner.
• Communication: We will keep you informed of significant developments or requests for further information from HMRC or DWP.
• Discretion: We reserve the right to refuse, suspend or withdraw our services if we believe that your Claim does not meet relevant eligibility criteria or if there is any indication of fraud, misrepresentation or materially incorrect information.
• No Guarantee: We do not guarantee that your Claim will be approved. HMRC, DWP or the relevant authority retains sole discretion in determining outcomes.

5. Fees and Payment

Service Fee (Arrears Only)

Our Success Fee is 30% plus VAT at the standard rate (currently 20%). VAT is charged at 20% on our 30% fee. In practice, this means the total you pay is 36% of the arrears you actually receive.

We calculate the fee based on the net arrears you receive, after any deductions DWP may make to repay a debt (sometimes called a "set-off").

We never charge on ongoing State Pension or ongoing Pension Credit. If no arrears are paid, no fee is payable.

For these Terms, arrears includes the categories of Arrears defined in the CFA, including State Pension arrears, underpayments, back payments, deferred lump-sums, one-off payments, uplift arrears and linked Pension Credit arrears.

Paying Our Success Fee

If you receive arrears paid to you by DWP following the Claim, we will ask you to provide the DWP arrears breakdown letter, award notice or other reasonable evidence showing the amount paid and any deductions or set-off applied.

We will then issue a clear invoice showing how the Success Fee has been calculated. Payment will be due within 14 days from the date of our invoice, not from the date you receive the arrears.

Payment can be made by bank transfer, debit card/payment link, telephone-assisted payment, cheque by post, or another reasonable method agreed with Kensbridge.

If you are digitally excluded, need paper copies, cannot scan documents, or require help understanding or paying the invoice, you can contact Kensbridge and we will provide reasonable support.

If the Success Fee is not paid within the stated timeframe, we will send reasonable reminders. If you have questions about the calculation or need more time, you can contact us to discuss it and, where appropriate, agree a payment plan.

If payment is still not received after reasonable reminders, we will send a final written notice explaining the amount due, how it was calculated, and the next steps. If there is no engagement after the final written notice, we may take formal steps to recover the outstanding fee as a last resort, always acting fairly and proportionately and taking account of vulnerability.

If you are worried about paying, please contact us so we can discuss options.

Telling Us When You Receive Arrears

If you receive arrears, you agree to tell us as soon as reasonably possible and, where you can, within 14 days of receiving them.

You also agree to provide a copy of the DWP arrears breakdown letter, award notice or other reasonable evidence showing the arrears amount paid to you and any deductions DWP has made. This helps us calculate the Success Fee accurately and issue a clear invoice.

If you are unable to provide this, please contact us and we will agree an alternative way to confirm the amount.

Net-of-Offsets

If DWP offsets any amount, for example to recover historic overpayments or debts, before paying arrears, our Success Fee is calculated on the net arrears actually received, that is, the amount paid after any such set-off.

Prior Processing

If HMRC or DWP was already processing your case or reviewing your record before you instructed us, our fee still applies if DWP ultimately pays arrears during or after our involvement and our work has materially contributed to progressing or concluding the matter.

Additional Charges

You may incur additional administrative fees only where we agree specific extra work with you outside the Claim covered by the CFA. Any such fees will be clearly explained and agreed with you in advance.

Fee Disputes

Any disputes over fees must be submitted in writing within 28 days of the date of our invoice or fee summary. We will review any dispute fairly and may, at our discretion, reduce or waive part of the fee where appropriate. Any reduction or waiver will be considered at our sole discretion, less reasonable administrative costs.

Definition of a Successful Claim (for Fee Purposes)

A successful Claim for fee calculation means that you receive Arrears paid by DWP as a result of the Claim, including State Pension arrears, underpayments, back payments, deferred lump-sums, one-off payments, uplift arrears or linked Pension Credit arrears arising from a correction to your NI record, HRP position, State Pension entitlement, NI credits or qualifying years, widow's/widower's/surviving spouse or inherited State Pension entitlement, marriage-based State Pension uplift, deferred or delayed State Pension entitlement, or linked Pension Credit effect.

No fee is charged on ongoing increases to your State Pension or on continuing Pension Credit. Where your NI record is updated but no Arrears are paid, no fee is payable.

6. Processing Your Claim

Submission Timeline

We aim to submit or progress your Claim within 14 working days from receipt of all necessary information and Supporting Documents where the matter is ready for submission or progression; however, this timeline is not guaranteed and may depend on evidence and third-party processing.

Modification or Cancellation

We may cancel, suspend or modify our handling of your Claim if we identify material discrepancies, fraud concerns or significant errors in the information provided.

HMRC Processing of HRP / NI Record Matters

Where your Claim involves HRP or a relevant National Insurance record or qualifying-year issue, HMRC may review the relevant information and, where appropriate, update your National Insurance record.

For HRP-related matters, if you are already receiving State Pension, DWP may then need to recalculate your State Pension entitlement.

DWP Processing of State Pension Corrections and Payments

DWP will process any necessary changes to your State Pension payments relevant to your Claim.

For HRP or NI-record matters, DWP may act after the relevant National Insurance record has been corrected or clarified.

For DWP-only matters, such as widow's/widower's/surviving spouse or inherited State Pension, marriage-based or Category BL uplift, deferred or delayed State Pension, or linked Pension Credit effects, DWP may deal with the matter directly under the DWP Letter of Authority.

DWP will usually inform you of any revised State Pension award and any additional pension benefits or arrears to which you may be entitled.

Client Cooperation

You agree to respond promptly to enquiries from HMRC, DWP or Kensbridge to facilitate the processing of your Claim.

7. Estimated vs. Actual Recovery

Estimates Only

Any online calculators or preliminary assessments provided by us are for estimation purposes only.

Actual Amounts

The actual benefit entitlement or arrears/backdated amounts awarded may differ from initial estimates, and we are not liable for any discrepancy that results from the decision or calculation made by HMRC or DWP.

8. Application, Consent and Authorisation

1. Application Confirmation: By submitting an application, you confirm that all information you provide is accurate and complete to the best of your knowledge and that you will tell us if your circumstances or relevant information change.

2. Consent to Act: You authorise us to liaise with HMRC, DWP and any other relevant government body on your behalf in relation to the Claim, including the submission and management of relevant claim documents, subject always to the specific authority documents you sign, including HMRC Form 64-8 where HMRC authority is required and any DWP Letter of Authority where DWP authority is required.

3. Signing of Final Completed Documents: You will sign the final completed (filled-in) version of any customer authority, consent or claim form that we rely on.

   We will not change a document after you have signed it. If any material information needs to change after you sign, we will provide a revised final completed version for you to review and sign again before it is submitted or used.

   This includes the CFA, HMRC Form 64-8 where used, any Statement of Account Request & Consent where used, any DWP Letter of Authority where used, and any other customer-signature document required for your Claim.

4. Electronic and Wet-Ink Signatures: Documents may be signed electronically using our digital/electronic signature process. Customers who are unable to use, or do not wish to use, an electronic signature may be offered a paper version for wet-ink signature where appropriate.

5. National Insurance Statements of Account (SoA): Where needed for an HRP-related claim or relevant NI record issue, we may request from HMRC a breakdown of the customer's HRP record for specific tax years relevant to the case.

   If this is needed, we will explain what information is being requested and why, and prepare the relevant Statement of Account Request & Consent in your name, limited to the targeted tax years.

   We will not submit that request unless you have signed the final completed request.

6. Arrears Payments and Fees: You acknowledge that any State Pension arrears, underpayments, uplifts, deferred lump-sum, one-off payment, back payment and/or linked Pension Credit arrears arising from the Claim are paid by DWP directly to you and will not be paid to Kensbridge or any agent.

   If you receive arrears, you agree to pay our Success Fee in accordance with section 5 above and the CFA.

7. Review Before We Proceed: By submitting an application, you acknowledge that you will be able to review and agree to our full Terms and Conditions, Privacy Notice and CFA before we proceed with your Claim, and that you understand how our fee works and when it will be charged in the event of a successful outcome.

9. Cancellation of Your Claim

Right to Cancel

In accordance with the Consumer Contracts Regulations 2013, you have the right to cancel this agreement within 14 days of entering into it, without giving any reason and without incurring any fee.

During the Cooling-Off Period

If you cancel within the 14-day cooling-off period, you will not be charged any fee.

We may carry out limited preparatory or evidence-request work during the cooling-off period where you have asked us to do so, but no Success Fee or other charge will be payable if you cancel during the 14-day cooling-off period.

After the Cooling-Off Period

After the 14-day cooling-off period you may cancel at any time. If arrears are later paid to you as a result of work carried out by Kensbridge before cancellation, the Success Fee may remain payable on those arrears.

No fee is payable if no arrears are paid. No other cancellation fee applies.

Our Right

We reserve the right to cancel or terminate our involvement in your Claim where the CFA permits us to do so, including where we suspect fraudulent activity, material misrepresentation or materially incorrect information.

10. Data Protection & Compliance

• Privacy Policy: Your personal data will be processed in accordance with our Privacy Policy.
• Communication Consent: You agree that we may contact you using the contact details you provided, including by phone, SMS, email or post, for purposes relating to your Claim, including status updates, identity verification, documents, invoicing and follow-up communications.
• Identity Verification: We may verify your identity and address where reasonably required for legal, compliance, fraud-prevention or claim-processing purposes.
• Electronic Signature Records: We retain signed documents and associated electronic signing or submission records available from the signing platform for 6 years from the later of: (i) the date your Claim is concluded/closed; or (ii) the date arrears are paid, unless a longer period is required by law or for regulatory/compliance reasons.

11. Liability and Indemnity

Limitation of Liability

To the extent permitted by law, our total liability arising out of or in connection with these Terms is limited to the greater of £1,000 or the total fees paid by you in the 12 months preceding the event giving rise to the claim.

Nothing limits liability for fraud, fraudulent misrepresentation, or death/personal injury caused by negligence.

No Indirect Losses

We are not liable for indirect or consequential losses arising from an unsuccessful Claim or for third-party decisions by HMRC/DWP outside our control.

Indemnity

You agree to indemnify and hold harmless Kensbridge Ltd against claims, damages or losses arising from material inaccuracies or omissions in the information you provide, to the extent permitted by law.

12. Fraud Prevention & Compliance

Fraud Detection

We reserve the right to refuse or terminate services if we suspect fraudulent activity or misrepresentation in connection with your Claim.

You agree to provide authentic and verifiable information and understand that suspected fraud may be referred to the appropriate authorities.

13. Assignment and Transfer of Obligations

Kensbridge Ltd may assign, charge, transfer or subcontract any of our contractual rights or obligations under these Terms and the CFA where reasonably necessary to secure funding in connection with your Claim or for service continuity.

Our contractual rights may, for example, be assigned by way of security to a funder of Kensbridge Ltd.

Any funding or security assignment does not change your appointed HMRC agent or DWP representative, does not transfer or assign your entitlement to arrears, and does not change how DWP pays any arrears or benefits.

Kensbridge will remain responsible for handling your Claim unless an Alternative Agent is appointed with your consent under section 14.

Except as set out above, neither you nor Kensbridge Ltd may assign or transfer rights or obligations under this agreement without the written consent of the other party.

Any transfer of responsibility for handling your Claim to another agent remains subject to section 14 and to any authority or consent required from you.

14. Alternative Agent

If Kensbridge Ltd is unable to continue acting for your Claim, for example because HMRC or DWP removes, restricts or refuses to recognise our authority, or because of a regulatory restriction or operational failure, we may, where appropriate and with your consent, help you instruct an Alternative Agent to continue your Claim.

You are not obliged to accept an Alternative Agent and may choose instead to stop the Claim.

Before an Alternative Agent can act, that firm must obtain its own proper authority from you, including a fresh Form 64-8 where HMRC authority is required and/or a fresh DWP authority where applicable.

You will also enter into that firm's own agreement and will have a fresh 14-day cooling-off period in respect of the new firm.

We will explain the identity of the Alternative Agent, the basis on which it would act, and provide or arrange access to its relevant terms and privacy information.

Fees if an Alternative Agent Is Appointed

You will not pay two success fees for the same outcome.

If you appoint an Alternative Agent and they are the properly authorised agent when arrears are paid, the success fee will be payable in accordance with your agreement with that agent.

Any apportionment between Kensbridge and the Alternative Agent for work already completed is a matter between the firms and will not increase the total success fee you pay.

15. Severability

If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remainder of these Terms shall remain in full force and effect.

16. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

17. Complaints

If you have any concerns or complaints about our services, please email complaints@kensbridge.co or info@kensbridge.co .

We will investigate your complaint under our internal complaints process. This does not affect your statutory rights.

18. Amendments

We reserve the right to update or modify these Terms where reasonably necessary, including to reflect changes to our services, legal requirements or HMRC/DWP processes.

Where a change materially affects your existing Claim or contractual rights, we will communicate the change to you as appropriate.

Changes will not retrospectively alter an agreed Success Fee or remove accrued statutory rights.

Any change to the CFA itself remains subject to clause 16.2 of the CFA and must be in writing and agreed by both parties.

19. Force Majeure / Regulatory Changes

We shall not be liable for delays or failure to perform our obligations under these Terms where caused by events beyond our reasonable control, including changes in legislation, government policy, HMRC/DWP processes, system outages or directives issued by HMRC or DWP.

In the event of a significant regulatory or operational change affecting Claims or related State Pension, National Insurance or Pension Credit processes, we may modify our process or these Terms as reasonably necessary, subject to applicable law and your contractual rights.

20. Data Security and Confidentiality

In addition to our Privacy Policy, we implement reasonable technical and organisational security measures to protect your personal data.

However, no method of electronic transmission or storage can be guaranteed to be completely secure.

Information provided to us will be treated as confidential and used or shared only as permitted by our Privacy Policy, these Terms, the CFA and applicable law for the purposes of assessing, processing and administering your Claim and our related obligations.

21. Client Rights to Updates and Monitoring

You may request periodic updates on the status of your Claim.

We will make reasonable efforts to keep you informed throughout the processing period; however, communications and processing times of HMRC, DWP and other third parties are outside our control.

22. Relationship with Government Agencies

Kensbridge is independent of HMRC and DWP.

We act solely as your agent/representative within the scope of the authority you grant.

Decisions, processing delays, requests for further information and changes made by HMRC or DWP are outside our control and do not of themselves constitute a breach of these Terms.

23. Client Acknowledgement of Risks

By using our services, you acknowledge that any Claim is subject to the policies, evidence requirements, decisions and processing times of HMRC and/or DWP as applicable.

We cannot guarantee the outcome or the amount recovered.

By submitting your Claim, you confirm that you have read, understood and agree to these Terms and Conditions.

If you have any questions or require further clarification, please contact us at info@kensbridge.co .

Contact Us

Kensbridge Ltd
Houldsworth Business & Arts Centre
Houldsworth Street
Stockport
England, SK5 6DA

Email: info@kensbridge.co
Telephone: 0161 241 6339