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UmbrellaReclaim - anyone used this?

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    UmbrellaReclaim - anyone used this?

    Hi everyone

    Has anyone use UmbrellaReclaim.com? Dave Chaplin at IR35Shield recommended them on LinkedIn for someone who wanted to reclaim unlawful employers NI deductions.

    I thought it may be worth a go at £99 fee + 25% success fee for money I thought was long lost... although, there is a spanner in the works, the brolly I was with (Atlantic Umbrella) went into liquidation in 2018: https://find-and-update.company-info...filing-history

    Anyway, I started contracting in 2014. Being my first gig, I signed up with Atlantic. In May 2015, I went Ltd, where I've been ever since. During the time, I queried them why they were deducting employers NI. I was basically told "tough", and I looked on this forum at the time and saw messages of a similar ilk.

    It's now quite clear that this was unlawful.

    So I thought I'd put a claim in. Can't hurt, and anything I get back would be a bonus. Anyone have any experience with this sort of thing?

    #2
    Chances are it wasn't unlawful but hey if you think you can get money from a bankrupt umbrella firm then good luck but I suspect you've wasted £99.


    Oh and we've discussed it this previously it isn't going to work except if a lot of people completely screwed up.
    merely at clientco for the entertainment

    Comment


      #3
      It was unlawful, that's been made abundantly clear with the focus IR35 has put on the practices of umbrella companies. Not sure what you mean by your last comment, but thanks for the reply nontheless.

      Comment


        #4
        It's unlawful if they deduct it from your day rate.

        It isn't if they deduct it from the total cost to them of the contract day rate and someone along the line doesn't tell you that that's what going to happen, and you believe you're going to get more than you do.

        So get a breakdown of the entire payment chain, then you will see if you have a claim r not.
        Blog? What blog...?

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          #5
          I see they:

          1) have removed the references to the only example of such a case so far - which was a actually won by default when the umbrella decided it wasn't worth spending £10k to defend a £2k case instead of the spectacular precedent they were claiming it to be.
          2) Stopped promising to return the £99 registration fee if they don't continue the case (nice money for possibly doing little / nothing there).

          As for the rest - I would love to know who you think you are claiming money from given that your umbrella company doesn't exist anymore.

          Edit to add the previous discussion can be found at https://www.contractoruk.com/forums/...-umbrella.html which also features a link to an actual case that went to a tribunal.

          Guess what the umbrella firm won...
          Last edited by eek; 24 February 2021, 08:07.
          merely at clientco for the entertainment

          Comment


            #6
            Originally posted by Nitro View Post
            Can't hurt
            In that case, can I get £99 from you please (pain free).

            As others have said, please show can you'd prove this was unlawful. And, then, who is your claim against?

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              #7
              Originally posted by Paralytic View Post

              In that case, can I get £99 from you please (pain free).

              As others have said, please show can you'd prove this was unlawful. And, then, who is your claim against?
              The thing is, is that there are definitely cases where an easy wins would be possible and where it would be perfectly valid to transfer the argument from the umbrella through the agency to the end client.

              However I'm not going to tell them which cases are likely to be wins and which ones don't stand a chance (although it's actually very obvious when you think about it).

              What I will say is that the OP doesn't stand a chance.
              Last edited by eek; 24 February 2021, 09:15.
              merely at clientco for the entertainment

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                #8
                My understanding is that you can claim back a total of up to 6 years, 13.8% Employers NI and 0.5% Apprenticeship Levy. The options to make a claim are 1. Free Registration 2. £99 Registration 3. Monthly Payment Registration

                I guess if you are sceptical then the register free of any charge would be the one to go for, what is there to lose?

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                  #9
                  The chance of getting anything out of a company in liquidation is slim, as eek originally said.

                  Comment


                    #10
                    Originally posted by ladymuck View Post
                    The chance of getting anything out of a company in liquidation is slim, as eek originally said.
                    Equally with claims going back only 6 years only a very small amount of the OPs claim (even if it was valid) would be recoverably...
                    merely at clientco for the entertainment

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