Welcome to MB Lawyers, Hertfordshire

OUR APPROACH

MB Lawyers
Whether you are local to the areas of Buntingford, Puckeridge and Royston or from further afield, MB Lawyers will be by your side and on your side when you find yourself in need of legal services.

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OUR APPROACH

Whatever situation you may be faced with – from the stress of moving home to being owed money or having to resolve an employment issue – we understand how daunting it can feel.

Which is why we have developed an approach that is a little different to the norm. We are not just about client focus we are also about client care. This includes clear regular communication so you always know exactly what’s what. It also includes being proactive and forward-thinking. And we make a point of delivering this excellent service at a fair competitive and transparent price.

At MB Lawyers we take the worry out of your legal worries. It’s how we forge the long-term relationships that benefit us all.

SERVICES

OUR SERVICES

  • Residential Conveyancing
  • Commercial Conveyancing
  • Landlord & Tenant
  • Property Disputes
  • Employment
  • Litigation
  • Contract
  • Debt Recovery

TERMS OF BUSINESS

TERMS OF BUSINESS

TERMS OF BUSINESS

In cases involving financial and real property MB Lawyers is required by law under the Money Laundering Regulations 2007 and Proceeds of Crime Act 2002 amongst others to get satisfactory evidence of the identity of client(s) and sometimes of people related to them and of third parties.

TERMS OF BUSINESS

TERMS OF BUSINESS

Client Identification
In cases involving financial and real property MB Lawyers is required by law under the Money Laundering Regulations 2007 and Proceeds of Crime Act 2002 amongst others to get satisfactory evidence of the identity of client(s) and sometimes of people related to them and of third parties.

Where the client is a partnership MB Lawyers will need evidence of this and where it is a company MB Lawyers will need evidence of incorporation.

Although these regulations do not strictly apply to every matter it is considered best practice to get evidence of verification and identity.

MB Lawyers therefore need from you at the start of your matter evidence and verification of your identity and address in the original as follows:

  • Passport or
  • Photo card Drivers Licence
  • Utility bill /bank statement/council tax demand/pension documents confirming your name and address which is not more than 3 months old x2
  • Companies need to provide Certificate of Incorporation together with details of the company officers i.e. the Directors, Company Secretary and the shareholders and Memorandum and Articles of Association.

MB Lawyers’ appreciate that not everyone has access to some of the forms of ID requested. If that is the case please let MB Lawyers know immediately as we may not always be able to act as it may be contrary to the above legislation.

MB Lawyers will need to check the originals and take copies.

MB Lawyers, of course, have a professional and legal duty to keep your affairs confidential. However, if MB Lawyers suspect that something during your matter may involve money laundering or terrorist funding MB Lawyers may have to tell the Serious Organised Crime Agency and MB Lawyers may be unable to tell you of this disclosure. MB Lawyers may also have to stop work on your matter and or terminate your retainer and may not be able to notify you as to the reason why.

Mental Capacity
You must be able to understand and be able to make specific decisions at the time they need to be made. This is what is called mental capacity as defined under the Mental Capacity Act 2005. The aim and presumption is that you do have mental capacity until it is shown otherwise.

If you have any knowledge or concerns about this you must let MB Lawyers know immediately.

If a person does not have mental capacity then MB Lawyers may not be able to act for them or alliteratively MB Lawyers may only be able to act in certain circumstances usually with the permission of the court.

In some cases to ensure MB Lawyers is acting in your best interests and to comply with client care obligations under the vulnerable persons guidelines issued by the Law Society, it may be sensible and or necessary write to your GP or a medical professional on this matter.

Again acting in your best interests MB Lawyers must be satisfied you understand what you are doing in connection with your matter.

Who will be responsible for the work on your matter?
Maria Boulter will be responsible for the work on your matter. Maria Boulter is a Solicitor and the Sole Owner /Practitioner of M B Lawyers. With over 25 years’ experience, Maria Boulter will use all reasonable skill and care and will keep you updated on progress using plain language.

You must advise immediately of any new /relevant matters which come to light about your case and any change in your personal circumstances and personal details.

Please also refer to my Privacy Notice

Click here to see the MB Lawyers GDPR Regulations

Contact -When How and Whom?
Maria Boulter working hours are 9.30-5.30 Monday to Friday. Maria Boulter can be contacted by post only at 3 Chipping Hall Barns Chipping Hertfordshire SG9 0DP / on telephone number 01763 449128 /by email at mboulter@mblawyers.co.uk. If not immediately available Maria Boulter will try to contact you by the end of that working day or the next working day. Maria Boulter will aim to reply to letters within 3 working days. Please note meetings are STRICTLY BY APPOINTMENT ONLY. You will be contacted by email telephone or post unless otherwise agreed.

What is the time frame for your matter to be concluded?
The aim is to progress and conclude your matter as quickly as possible and MB Lawyers will try and give you a realistic time estimate where possible. MB Lawyers will also do what’s reasonably possible to assist you in meeting any timeframes you have but timing may often depend on factors which are not within MB Lawyers control. Cases involving litigation are also often complex and lengthy.

How much will MB Lawyers charge?
Costs can mean various things but usually covers fees, disbursements and VAT where applicable.

Litigation costs especially can be a complex matter. It is often difficult to know in advance how much work needs to be done in a case and exactly what the costs will be. There are often many unknown factors and each case is different. MB Lawyers will do its best to give you an accurate estimate of costs where possible, but this is not fixed unless specified. MB Lawyers will of course keep you advised of costs throughout the case at regular intervals and at least twice yearly.

Generally MB Lawyers will either charge a fee either according to a fixed fee which will be agreed at the start of your matter.

Alternatively MB Lawyers will charge according to the time actually spend dealing with your matter using an hourly rate.

MB Lawyers will confirm how you will be charged in an initial engagement letter.

In calculating time MB Lawyers will include meetings with you and others, reading and working on papers, drafting and preparing documents, instructing experts and travelling/waiting time.

In addition to the time spent MB Lawyers may take into account a number of other factors such as work outside normal office hours , the complexity of a case, any specialist requirements and the speed at which things need to be done.

The basic hourly rate starts at £250.00 per hour. This is increased or discounted depending on the nature of the case and the above factors. This rate will be reviewed periodically every April. If a review is carried before the end of your matter MB Lawyers will of course let you know of any changes.

Any standard letters, emails or calls not timed will be charged at 1/10 of the hourly rate. Any required copying is charged at 25p per copy.

As well as fees. MB Lawyers may have to pay out expenses on your behalf to third parties. These expenses are called disbursements. These are your responsibility and must be paid by you. Some disbursements are fixed for example for searches and documents. Others for example to experts may vary, be substantial and not known in advance. MB Lawyers will give you as much information on the disbursements applicable to you as possible.

Where VAT is payable on fees, disbursements or any other amounts you will be charged and will pay this in addition. Please note at present MB Lawyers is not registered for VAT and this is not payable on fees. This gives you a saving. MB Lawyers will let you know when if becomes VAT registered.

You are legally bound to pay the costs in your case. The general rule is that with litigation once court proceedings have started it may be possible to get a costs order against your opponent. The courts are however increasingly keen to discourage litigation and promote early resolution of cases through mediation and dispute resolution where costs are not recoverable.

Defended litigation cases are also allocated to one of three procedures by the court which decides how the case is handled and the costs recoverable. Cases worth less than £10,000 are invariably allocated to small claims which means no costs are recoverable.

If your case is successful and the court does make your opponent responsible for payment of your costs theses still need to be agreed or assessed and then your opponent may still not have the money to pay. If any amount is recovered from your opponent for costs this is credited to you. Please note even if this does happen there is often a significant shortfall between the money recovered and your costs which is your responsibility.

Should your litigation case be unsuccessful or if the court orders it then you will be responsible for your opponents costs as well as your own costs .It is possible you have or you may take out legal expense insurance to cover this.

Throughout your matter MB Lawyers will look at and assess the likely risks of continuing with it compared to the likely benefit to be achieved particularly bearing costs in mind.

Payments on account
You may need to make a payment on account of the disbursements in your matter at the start. The payment if it applies will be detailed in an initial letter to you.

The payment will be credited to your individual ledger and will of course be accounted for on your final bill. To make the payment my bank details are:

Bank Name: NAT WEST
Bank Account Name: MB Lawyers Client Account
Sort Code: 602232
Account No: 71127895

Please include MB Lawyers reference and your full name when making the payment.

UNDER NO CIRCUMSTANCES SHOULD ANY MONEY BE SENT TO MB LAWYERS OR MARIA BOULTER FROM ANYONE WHO IS NOT THE PERSON OR PERSONS INSTRUCTING ME. ANY SUCH MONEY WILL NOT BE ACCEPTED AND WILL RESULT IN DELAY

When will you have to pay?
Unless otherwise agreed MB Lawyers will send interim bills where applicable and as advised as your matter proceeds. You have 7 days from receipt to pay these. A final bill will be sent at the end of the matter again due and payable within 7 days of receipt. If the bills are not paid within time interest will be charged at 8% pa from the date when the payment was due until payment is made. If you are having difficulty paying a bill please contact Maria Boulter.

Conflict of Interest
An actual or potential conflict of interest between you and another MB Lawyer client may arise during the course of your matter. If this happens MB Lawyers will discuss this with you to decide on the right course of action. To protect your interests it may be necessary to have to stop acting for you. If you are aware or become aware of any conflict please let MB Lawyers know straight away.

Joint Instructions
When instructing MB Lawyers jointly with others the instructions of any one of you are the instructions of all of you. Each one of you instructs MB Lawyers as agent for the others. MB Lawyers act for you all jointly and not individually. If at some point in the matter your instructions differ from the other person or people you must let MB Lawyers know straight away to see if we can resolve this. MB Lawyers must disclose all information to everyone. If some ones instructions or interests differ from the others at any time they may need to seek independent legal advice.

Termination
You may end our instructions in your matter by giving reasonable notice in writing at any time.
MB Lawyers may end our instructions in your matter by giving reasonable notice in writing where a good reason exists. For example if you do not provide instructions or information requested, or there is a conflict of interest, or you do not pay an interim bill or provide any requested payment on account. MB Lawyers may also end instructions if required by law. If appropriate MB Lawyers will apply to remove my name from any court record.
If either you or MB Lawyers decide that we will no longer act you must pay MB Lawyers’ fees up to the date instructions are terminated. MB Lawyers will keep all your papers until the bill is paid. For any bill not paid MB Lawyers will claim a lien over all paperwork of whatever nature in connection with your matter.

Tax Advice
Any work MB Lawyers do may involve tax implications or necessitate the consideration of tax planning strategies. MB Lawyers is not authorised or qualified to give tax advice. You will need to seek expert advice in this area elsewhere. If you have any concerns about this please let MB Lawyers know immediately.

All tax dealings with HMRC remain strictly a matter between you and HMRC. No liability whatsoever attaches to Maria Boulter individually or to MB Lawyers.

In purchase transactions even if MB Lawyers fill in and lodge the SDLT form and pay Stamp Duty MB Lawyers do so on your specific instructions having offered you no tax advice and the legal liability for this remains strictly with you. Your instructions are given to MB Lawyers on the basis that you have sought the necessary independent professional tax advice and or sought the advice of HMRC before giving MB Lawyers instructions to lodge the SDLT form on your behalf.

You may also wish to refer to https://www.gov.uk/stamp-duty-land-tax

Money
MB Lawyers is unable to accept any cash payments or any monies from oversees or third party bank accounts. MB Lawyers can only return or send money to a UK bank account in your name (s) or by a cheque payable to you.

Professional Indemnity Insurance and General Regulation
Maria Boulter of MB Lawyers is a solicitor authorised and regulated by the Solicitors Regulation Authority. MB Lawyers are required by the SRA to have professional indemnity insurance in place. This insurance cover will insure you for the work carried out on your behalf. MB Lawyers covered for up to £2 million. A copy of MB Lawyers insurance policy is available on request and for inspection by you.

Exclusions and Limitations on Liability
MB Lawyers liability in contract or tort or under statute or otherwise for any loss or damage suffered by you arising from or in connection with your matter and or service provided by MB Lawyers howsoever the loss or damage is caused including MB Lawyers negligence shall be limited in all circumstances to a maximum sum of £2 million. MB Lawyers shall have no liability in contract tort or under statute or otherwise for any loss of profit loss of business loss of goodwill failure to achieve anticipated savings or for any indirect or consequential loss.

IT Maintenance
This is undertaken by a third party contractor who may have access to your confidential information during the course of general IT maintenance. By instructing MB Lawyers you agree to this disclosure.

Financial Services Authority
MB Lawyers is not authorised under the Financial Services Authority or under and Financial Services Legislation.

Client Confidentiality and Auditing
All information you give to MB Lawyers is treated as confidential and will not be released to a third party without your authority unless required by law.
You consent, unless we are told in writing otherwise, to your file being externally audited on a random basis by MB Lawyers’ accountant and or other party and to MB Lawyers disclosing for purposes of publicity or otherwise to third parties that MB Lawyers have provided services to you and the general nature of the matter.

Storage Disclosure and Retention of Documents
MB Lawyers have a file retention policy. Factors considered include the risk of a claim from a particular matter type, the potential size of a claim on a particular matter, the limitation period that might apply and MB Lawyers’ obligations under the SRA Code of Conduct.
Unless otherwise notified papers are retained Files are retained for six years for litigation, 12 years for property purchases, 6 years for property sales and until the age of 21 for matters involving a minor. After your matter is finished and destroyed automatically thereafter. MB Lawyers keep the originals of the papers you give and provide copies on request, subject to an administration fee of £30 and a copying fee of 25p per document. Documents can be stored both electronically and in hard form. As a result you transfer to MB Lawyers all rights of ownership that you have in letters and documents that MB Lawyers receive. MB Lawyers retain the copyright to any document created by MB Lawyers and may use this in the future subject to law and compliance with all regulations.
MB Lawyers may use external storage facilities and or external storage providers to store the files and documents. It may therefore take some time to retrieve documents and MB Lawyers will advise you accordingly.

Data Protection Act
By instructing MB Lawyers you give consent to MB Lawyers holding and processing personal data for all lawful purposes in accordance with data protection principles.

Privacy Policy/Notice
Please see Privacy Notice to comply with GDPR since May 2018

Cyber Risks
Cyber fraud and cybercrime is on the increase. Fraudsters actively target clients and firms. Using public Wi-Fi for email and social media may make you more vulnerable. To protect you MB Lawyers will not advise of new bank account details by email. MB Lawyers will ignore any email from you changing instructions without formal verification of instruction changes.
Please be advised that if you don’t provide bank details face to face then MB Lawyers will use royal mail and telephone to verify the details.
Please be aware that faster online bank payments are not as secure or as easy to recall as CHAPS payments.
Please note this risk of fraud.

Governing Law and Jurisdiction
The terms of our engagement shall be governed by and construed in accordance with the law of England and Wales. Any dispute shall be subject to the exclusive jurisdiction of the English courts.

Equality and Diversity
Under Rule 6.03 of the SRA Code of Conduct MB Lawyers confirm it has and operates a policy of equality and diversity. MB Lawyers’ policy is available on request.

Other Documents
MB Lawyers will send out Terms of Business documents in your initial letter.

Clients’ Money and Interest
In accordance with the Solicitors Account Rules it is MB Lawyers policy to account to clients, on a fair and reasonable basis, for a sum in lieu of interest in respect of client monies held.
MB Lawyers is required by the Solicitors Account Rules to hold such client money for the purpose for which it has been provided and it is therefore necessary for it to be held in an instant access account. For this reason, any interest that will be paid on the funds held, when appropriate, is unlikely to be as high as that obtainable by a client depositing the funds themselves.

In particular:
1. Client monies will normally be held in general client bank account in which monies for different matters and clients are pooled.
2. A sum in lieu of interest will be payable on amounts held in general client bank accounts on the following basis:
2.1. Interest will be calculated from the date that the money has been cleared in my bank account and is regarded by the bank as cleared funds. Simple interest will then be paid, or credited, when the monies are paid out for the purposes for which they were required.
2.2. Interest paid will be based upon the rate of interest payable by the Nat West Bank on the relevant amount if it were to be held separately in my instant access general client account.
2.3. In normal circumstances, if the total amount of interest calculated is less than £40.00, no interest will be paid or credited to the client, as my administrative charges would exceed this amount.
3. Client monies will normally be held in an instant access bank account to facilitate transactions. However, if specific instructions are received from the client requesting that funds be placed on a term deposit, or separate designated deposit account and if this is appropriate (bearing in mind the nature and duration of the transaction) interest earned on such deposits shall be paid to the client in full, less any reasonable administration fee to be charged by me in respect of setting up, administering and terminating such deposit account.
4. If client monies are held in a separate designated deposit account (i.e. a specific bank account for a specific matter) all interest earned on that account will be credited to that bank account and paid to the client in full. Interest will normally be paid to the clients gross and it will be for the client to account for tax thereon. In designated deposit accounts and term deposit accounts, the bank may deduct tax at source and if this occurs the net sum will be paid or credited to the client.

Client Satisfaction
MB Lawyers strive to give you the best possible service. However, if at any point you become unhappy or concerned about the service provided to you then you should inform Maria Boulter immediately by telephone email or post so that MB Lawyers can endeavour to solve the problem for you in the first instance.

If you would like to make a formal complaint then you can access MB Lawyers full complaints procedure here or by emailing mboulter@mblawyers.co.uk or in writing.

If the issue is not sorted as per the complaints procedure you may contact Michael Casson of Rainer Hughes Solicitors who is MB Lawyers Complaints Supervisor by post at Oak House 46 Crossways Shenfield Essex CM15 8QY and he will work with you to sort out the issues in connection with the provision of services.

If we are unable to resolve the complaint with you then you can have the complaint independently looked at by the Legal Ombudsman. The Legal Ombudsman investigates problems about poor service from lawyers.

Before accepting a complaint for investigation the Legal Ombudsman will usually check that you have tried to resolve your complaint with MB Lawyers first. If you have, then you must take your complaint to the Legal Ombudsman:

  • Within six months of receiving a final response to your complaint
  • No more than six years from the date of act/omission;
  • No more than three years from when you should reasonably have known there was cause for complaint.

If you would like more information about the Legal Ombudsman please visit

www.legalombudsman.org .uk

Call 0300 555 0333 between 9am to 5pm.

Email enquiries@legalombudsman.org .uk

Legal Ombudsman PO Box 6806, Wolverhampton, WV1 9WJ

Complaints about your bill
You have rights to complain about your bill and in certain claims and you may be able to object to your bill by applying to a court for an assessment of the bill under Part 111 of the Solicitors Act 1974.

Please note that if all or part of a bill remains unpaid MB Lawyers may be entitled to charge interest

What should you do with this information?
Please read this carefully. If there is anything you are unclear about please contact MB Lawyers. Please provide the information MB Lawyers have requested as soon as possible. You should keep all the documents and letters MB Lawyers send you safe for future reference.

Giving MB Lawyers instructions or further instructions will constitute your acceptance of the terms set out in the Terms of Business/or any letter of engagement.

PRICING POLICY

PRICING POLICY

PRICING POLICY

MB Lawyers fees vary due to many factors including but not limited to the complexity of the matter, property value and whether or not there is a mortgage.

PRICING POLICY

PRICING POLICY

MB Lawyers fees vary due to many factors including but not limited to the complexity of the matter, property value and whether or not there is a mortgage.

Each matter is different. When you contact MB Lawyers we will provide you with a written quote specific to your transaction. There are no hidden charges as we provide you with details of the likely fees and disbursements before you formally instruct us.

MB Lawyers are bound by that estimate and are professionally obliged to inform you when there will be any changes to that original estimate as circumstances arise.

When MB Lawyers provide an estimate, it is based on the information available at the time and it is occasionally the case that matters arise which have to be dealt with which were not included in the original estimate. Should this happen we will let you know and provide an estimate for dealing with that work on your behalf.

Property Purchase (Freehold & Leasehold)
MB Lawyers fees cover all of the work required to complete the purchase of your new home, including dealing with registration at the Land Registry and dealing with the payment of Stamp Duty Land Tax.

MB Lawyers fees and disbursements:

Legal fee:
Fees will depend on the complexity and value of the property you are purchasing and will usually be between £850.00 to £1,500.00.

Stamp Duty Land Tax Form Completion – £60.00

Disbursements:
These are costs related to your house purchase that are payable to third parties. MB Lawyers deal with the payment of the disbursements on your behalf to ensure there is no delay in your purchase and it runs smoothly.

Search fees:
Search fees (includes local authority, water, environmental, Chancel, flood and planning searches) – £350.00( approximately- the exact figure will be confirmed once the relevant authorities are known)

Land Registry Priority Search fee – £3.00 per search
Bankruptcy Search fee – £2.00 per name
Electronic Money Transfer fee: £23.00 plus VAT per payment.

Stamp Duty Land Tax
The rate of Stamp Duty Land Tax that you pay will depend on the purchase price of your property.

There is tax relief if you are a first time buyer.

You may also have to pay the Stamp Duty Surcharge if you have more than one property.

The Stamp Duty rate for a purchase in a company name is also different.

You can calculate the amount of Stamp Duty you will need to pay using the HMRC calculator

Land Registry fee:
This is set by the Land Registry and depends on the value of the property you are purchasing. The fee ranges from £40.00 to £910.00.

Referral fees
For some transactions MB Lawyers may pay a referral fee based on commercial considerations. The amount of any referral fee will be disclosed to you at the start of the transaction. To be clear, this referral fee is paid by MB Lawyers and not by you.

Leasehold Disbursements:

Notice of Transfer fee – between £100.00 to £200.00 plus VAT.

Notice of Charge fee – between £100.00 to £200.00 plus VAT per notice.

Deed of Covenant fee – between £100.00 and £200.00 plus VAT.

Certificate of Compliance fee – between £75.00 to £200.00 plus VAT.

You should also be aware that ground rent and service charge are likely to apply throughout your ownership of the property. MB Lawyers will confirm the ground rent and the anticipated service charge as soon as this we receive this in

Additional Disbursements on a Leasehold Sale:
Leasehold Management Pack fee- Fee set by the management company- between £250.00- £350.00 plus VAT.

Acting for a lender:
MB Lawyers is a Sole Practitioner and so can only act for you in the property purchase.

If you require a mortgage MB Lawyers can act for you. However, we do not act for a lender in the property purchase. A solicitor will need to be appointed to act for the lender. You will need to pay the fee for the lender’s solicitor. MB Lawyers fee will reflect this.

The average cost of a lender’s solicitor’s fees is £250.00 plus VAT. MB Lawyers will of course confirm this with you.

Time Frame
How long it will take from your offer being accepted until you can move into your house or flat will depend on a number of factors including whether you are part of a chain.

There are often external factors which can delay the process and often the major issue is that exchange of contracts cannot take place until all parties in the chain are ready.

Obviously, the time it takes will depend on the complexity of the matter and the number of parties involved.

On average it can take up to 8 weeks to get to exchange of contracts. Completion can be 1-2 weeks after that. This however is only an average rough guide.

Key Stages when buying a property:
The stages involved in the purchase of a property may vary according to the circumstances, and MB Lawyers will advise you of this when we know all the facts. MB Lawyers will provide regular updates on the progress of your property transaction.

Key stages of buying a house:

  • Take your instructions and give you initial advice
  • Check finances are in place to fund purchase and contact lender’s solicitors if applicable
  • Receive and advise on contract documents
  • Carry out searches
  • Obtain further planning documentation if required
  • Make any necessary enquiries of seller’s solicitor
  • Give you advice on all documents and information received
  • Go through conditions of mortgage offer with you if applicable
  • Go through the paper work and sign the contract
  • Agree completion date (date from which you own the property)
  • Exchange contracts and notify you that this has happened( date legally committed to buy)
  • Arrange for all monies needed to be received from lenders solicitor and or you
  • Complete purchase
  • Deal with payment of Stamp Duty/Land Tax
  • Deal with application for registration at Land Registry

Key stages of buying a flat:

  • Take your instructions and give you initial advice
  • Check finances are in place to fund purchase and contact lender’s solicitors if applicable
  • Receive and advise on contract documents
  • Request management pack
  • Raise enquiries on the management pack
  • Read and advise on the lease and raise enquiries
  • Carry out searches
  • Obtain further planning documentation if required
  • Make any necessary enquiries of seller’s solicitor
  • Give you advice on all documents and information received
  • Go through conditions of mortgage offer with you if applicable
  • Go through the paper work and sign the contract
  • Agree completion date (date from which you own the property)
  • Exchange contracts and notify you that this has happened(date legally committed to buy)
  • Arrange for all monies needed to be received from lender and or you
  • Complete purchase
  • Deal with payment of Stamp Duty/Land Tax
  • Deal with application for registration at Land Registry
  • Deal with post completion Notices

Assumptions
MB Lawyers fees assume that:

– this is a standard transaction and that no unforeseen matters arise including for example (but not limited to) a defect in title or the preparation of additional documents ancillary to

– the main transaction

– this is the assignment of an existing lease (leasehold only)

– the transaction is concluded in a timely manner and no unforeseen complication arise

– all parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation

– no indemnity policies are required. Additional disbursements may apply if indemnity policies are required

Property Sale (Freehold & Leasehold)
MB Lawyers fees cover all of the work required to complete the sale of your home.

MB Lawyers fees and disbursements:

Legal fee:
MB Lawyers fees will depend on the complexity and value of the property you are selling and will usually be between £850.00 to £1,500.00.

At present MB Lawyers are not vatable so no VAT is payable on our fees. We will let you know when this changes.

Disbursements:
These are costs related to your sale that are payable to third parties. We deal with the payment of the disbursements.

Search fees:
Land Registry Office Copy Entries – £3.00 per document

Electronic Money Transfer fee:
£23.00 plus VAT per payment.

Referral fees
For some transactions I may pay referral fees. The amount of any referral fee will be disclosed to you at the start of the transaction. To be clear, these referral fees are paid by MB Lawyers and not by you.

Leasehold Disbursements:
There are certain additional disbursements on a leasehold sale. The disbursements which MB Lawyers anticipate will apply are set out separately below. This list is not exhaustive is just an estimate and other disbursements may apply depending on the term of the lease. MB Lawyers will update you on the specific fees upon receipt and review of the lease.

Leasehold Management Pack fee- between £250.00- £350.00 plus VAT.
You should also be aware that ground rent and service charge will be apportioned and you must pay your liability up until completion.

A retention may also be required.

At present MB Lawyers not vatable so no VAT is payable. MB Lawyers will let you know when this changes.

Other useful information

Sales with a mortgage on the property
MB Lawyers can act whether or not you have a mortgage on the property.

Time Frame
The length of time it will take from you accepting the offer until you can move out of your house or flat will depend on a number of factors including whether you are part of a chain.

There are often external factors which can delay the process and often the major issue is that exchange of contracts cannot take place until all parties in the chain are ready.

Obviously, the time it takes will depend on the complexity of the matter and the number of parties involved.

On average it can take up to 8 weeks to get to exchange of contracts. Completion can be 1-2 weeks after that. This however is only an average rough guide.

Key Stages when selling a property:
The stages involved in the sale of a property may vary according to the circumstances, and I will advise you of this when I know all the facts. I will provide regular updates on the progress of your property transaction.

Key stages of selling a house:

  • Take your instructions and give you initial advice
  • Arrange for you to complete the protocol forms
  • Obtain and investigate the title to the property and your right to sell the property
  • Obtain a redemption statement from your mortgage lender if applicable
  • Prepare contract documents and send these to the buyer’s solicitor
  • Respond to any necessary enquiries of the buyer’s solicitor
  • Obtain instructions on all enquiries received
  • Send final contract to you for signature
  • Agree completion date (date on which you sell the property)
  • Exchange contracts and notify you that this has happened(date when legally committed)
  • Send the Transfer to you for execution
  • Complete and arrange for all monies required to be collected from the buyer’s solicitor
  • Pay the estate agent, if any
  • Redeem the mortgage, if any
  • Account to you.
  • Send deeds to buyer’s solicitor

Key stages of selling a flat:

  • Take your instructions and give you initial advice
  • Arrange for you to complete the protocol forms
  • Obtain and investigate the title to the property and your right to sell the property
  • Obtain a redemption statement from your mortgage lender if applicable
  • Obtain replies to enquiries from any management company
  • Prepare contract documents and send these to the buyer’s solicitor
  • Respond to any necessary enquiries of the buyer’s solicitor
  • Obtain instructions on all enquiries received
  • Send final contract to you for signature
  • Agree completion date (date on which you sell the property)
  • Exchange contracts and notify you that this has happened(date when legally committed)
  • Send the Transfer to you for execution
  • Calculate any apportionments to be collected
  • Arrange for all monies required to be collected from the buyer’s solicitor
  • Pay the estate agent, if any
  • Redeem the mortgage, if any
  • Account to you
  • Send deeds to buyer’s solicitor
  • Deal with any retention

All the information provided is correct as at December 2018

COMPLAINTS POLICY

COMPLAINTS POLICY

COMPLAINTS POLICY

MB Lawyers is committed to providing a high standard of service, consistent with the highest professional standards and in accordance with the Solicitors’ Code of Conduct 2011.

COMPLAINTS POLICY

COMPLAINTS POLICY

General
MB Lawyers is committed to providing a high standard of service, consistent with the highest professional standards and in accordance with the Solicitors’ Code of Conduct 2011.

MB Lawyers aim at all times to deal with everyone in a way that is fair, transparent, and proportionate and to provide value for money.

All Solicitors must attempt to sort out any problems that may arise with their services and charges including the standard of client and case care as well as their bills.

It is important to MB Lawyers that any problem or concern or complaint raised by you as client(s) is sorted out without any unnecessary delay.

A complaint means an oral or written expression of dissatisfaction which alleges that the
complainant has suffered (or may suffer) financial loss, distress, inconvenience or other detriment.

The details of the person dealing with your case will always be confirmed to you in writing in my letter of engagement.

As a Sole Practitioner Maria Boulter will always be responsible for your case (case worker). The Solicitors Regulation Authority also requires a supervisor to be allocated to each case. Again as a Sole Practitioner Maria Boulter will be the supervisor in your case.

Any query, problem or complaint you have about the work of MB Lawyers, service and or fees, should be raised initially with Maria Boulter either by telephone on 01763 449 128,by email at mboulter@mblawyers.co.uk or in writing at MB Lawyers 3 Chipping Hall Barns Chipping Herts SG9 0DP.

MB Lawyers is required by the Solicitors Regulation Authority to have in place a Complaints Supervisor if you would prefer not to deal with Maria Boulter directly or if we cannot sort things out between us.

The Complaints Supervisor is Michael Casson of Rainer Hughes Solicitors. He can be contacted in writing by post at Oak House 46 Crossways Shenfield Essex CM15 8QY.

The letter should contain as much information as possible about the complaint together with copies of any relevant documents.

Once the complaint is received the Complaints Supervisor will start the Complaints Procedure detailed below and report to all parties the outcome together with the action(s) if any to remedy the problem.

Complaints procedure
On receipt of a letter of complaint to the Complaints Supervisor you will be sent a letter within 7 working days acknowledging your complaint and asking you to confirm or explain the details given.

Your complaint will, within 7 working days of receipt, be recorded within a central register and a separate file will be opened for the complaint.

On receipt of a reply to our acknowledgment letter you will within 7 working days be told in writing what will happen next.

The complaint will then start to be investigated. This will usually involve the following steps:

  • The case worker will within 5 working days be asked to respond to your letter of complaint and provide any relevant case papers. The Complaints Supervisor will consider and discuss with the case worker the response and the papers.
  • You will then within 5 working days receive a written response to your complaint together with suggested remedies (where applicable) to resolve matters.
  • Alternatively you will within 5 working days be invited in writing to a meeting to discuss and attempt to resolve the complaint.
  • The outcome of the meeting will within 5 working days of it having taken place be confirmed to you in writing.

If it is necessary to change the timescale for the complaints procedure you will be notified in writing together with an explanation.

If matters cannot be resolved using the complaints procedure you should contact the Legal Ombudsman via the website www.legalombudsman.gov.org or by telephone on 0300 555 0333 or by post at P O Box 6806 Wolverhampton WV1 9WJ or by email at enquiries@legalombudsman.org.uk.

Any complaint to the ombudsman should be made within 6 months of receiving a final written response to your complaint from us and within 6 years of the act or omission about which you are complaining or no more than 3 years from when you should reasonably have known there was a cause to complain otherwise you may prejudice your position.

Complaints about a bill
You can challenge a bill of costs as above

In certain claims and you may be able to object to your bill by applying to a court for an assessment of the bill under Part 111 of the Solicitors Act 1974.

Please note that if all or part of a bill remains unpaid MB Lawyers may be entitled to charge interest

Details
MB Lawyers 3 Chipping Hall Barns Chipping Herts SG90DP
Tel: 01763 449128
Email: mboulter@mblawyers.co.uk
Maria Boulter Solicitor SRA No 148723
MB Lawyers SRA No 621332
Authorised and Regulated by the Solicitors Regulation Authority

PRIVACY NOTICE

PRIVACY NOTICE

PRIVACY NOTICE

MB Lawyers respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how your personal data is protected when you use MB Lawyers services and visit the website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

PRIVACY NOTICE

PRIVACY NOTICE

Introduction
MB Lawyers respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how your personal data is protected when you use MB Lawyers services and visit the website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

Purpose of this privacy notice
This privacy notice aims to give you information on how MB Lawyers collects and processes your personal data when you use their services or website.
This website is not intended for children and MB Lawyers does not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice provided if any on specific occasions when collecting or processing personal data about you so that you are fully aware of how and why your data is used. This privacy notice supplements the other notices and is not intended to override them.

Controller
Maria Boulter is the data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact Maria Boulter using the details set out below.
Contact details

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). MB Lawyers would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact MB Lawyers in the first instance.

The data protection law in the UK will change on 25 May 2018. Although this privacy notice sets out most of your rights under the new laws, MB Lawyers may not yet be able to respond to some of your requests (for example, a request for the transfer of your personal data) until after 25 May 2018 as I am still working towards getting our systems ready for some of these changes.
It is important that the personal data held about you is accurate and current. Please keep MB Lawyers informed if your personal data changes during your relationship with MB Lawyers.

Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. MB Lawyers does not control these third-party websites and is not responsible for their privacy statements. When you leave the website, you are encouraged to read the privacy notice of every website you visit.

The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

MB Lawyers may collect, use, store and transfer different kinds of personal data about you which may be grouped together follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Data includes billing address, email address and telephone numbers.
  • Financial Data includes bank account details.
  • Transaction Data includes details about payments to and from you and other details of other services you have used us for.
  • Usage Data includes information about how you use the website and services.
  • Marketing and Communications Data includes your preferences in receiving marketing if any and your communication preferences.

Special Categories of Personal Data
If any special categories pf personal data about you need to be collected i.e. (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data), or criminal convictions and offences separate signed letter of authority will be required from you.

If you fail to provide personal data
Where MB Lawyers needs to collect personal data by law, or under the terms of a contract with you and you fail to provide that data when requested, MB Lawyers may not be able to perform the contract (for example, to provide you with a service). In this case, MB Lawyers may have to cancel the service with you but will notify you if this is the case at the time.

How is your personal data collected?
MB Lawyers uses different methods to collect data from and about you including through
direct interactions. You may give your Identity, Contact and Financial Data by filling in forms or by correspondence via post, phone, and email or otherwise.

How we use your personal data
MB Lawyers only uses your personal data when the law allows it. Most commonly, your personal data is used in the following circumstances:

  • Where it’s needed to perform the contract about to be entered into or entered into with you.
  • Where it is necessary for MB Lawyers legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • To comply with a legal or regulatory obligation.
  • Generally MB Lawyers does not rely on consent as a legal basis for processing your personal data other than in relation to obtaining personal data of a sensitive nature or special category.
  • Cookies: you can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the website may become inaccessible or not function properly.

Change of purpose
MB Lawyers will only use your personal data for the purposes for which it’s collected, unless it’s reasonably considered that it’s needed to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact MB Lawyers.

If your personal data is used for an unrelated purpose, you will be notified to explain the legal basis to do so.

Please note that MB Lawyers may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosures of your personal data
MB Lawyers may have to share your personal data with the external third parties set out below for the purposes of providing a service to you:

  • IT provider
  • Storage/scanning providers
  • Barristers/chambers/counsel/expert witnesses
  • Accountants/bank
  • Auditors
  • Third parties to whom MB Lawyers may choose to sell, transfer, or merge parts of the business or assets. If a change happens to the business, then the new owners may use your personal data in the same way as set out in this privacy notice.

MB Lawyers requires all third parties to respect the security of your personal data and to treat it in accordance with the law. MB Lawyers does not allow third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with instructions.

Data security
MB Lawyers is putting in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

Procedures to deal with any suspected personal data breach will be in place and will notify you and any applicable regulator of a breach where legally required to do so.

Data retention – how long will we use my personal data for?
MB Lawyers will only retain your personal data for as long as necessary to fulfil the purposes collected for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your personal data may be found in the Terms of Business.

Your legal rights
Under the Data Protection Act 1998, you have rights as an individual which you can exercise in relation to the information held about you.
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data held about you and to check that it’s being lawfully processed.
Request correction of the personal data that is held about you. This enables you to have any incomplete or inaccurate data held about you corrected, though this may need to be verified.
Request erasure of your personal data. This enables you to ask to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where data may have processed unlawfully or where required to erase your personal data to comply with law. Note, however, that it may not always be possible to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, it may be demonstrated that there are compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
if you want us to establish the data’s accuracy;
where our use of the data is unlawful but you do not want us to erase it;
where you need us to hold the data even if no longer required it as you need it to establish, exercise or defend legal claims; or
you have objected to our use of your data
Request the transfer of your personal data to you or to a third party.

 

DISCLAIMER

DISCLAIMER

DISCLAIMER

The material on this website has been prepared to provide useful information but does not constitute legal or other professional advice and should not be considered as a substitute for legal or other professional advice on any specific case.

DISCLAIMER

DISCLAIMER

Terms of Use 
The material on this website has been prepared to provide useful information but does not constitute legal or other professional advice and should not be considered as a substitute for legal or other professional advice on any specific case.  Nothing on this site constitutes an advertisement or a binding offer to perform any legal service in any jurisdiction.
Maria Boulter and MB Lawyers will endeavour to keep the contents of this website accurate and up-to-date but do not accept any liability for any loss caused in connection with use or reliance on the contents of this website except as prohibited by law.
MB Lawyers is not responsible for the content of any other website, including any website through which you may have gained access to this website or to which you may gain access from this website. MB Lawyers do not accept any liability in connection with any such websites or links.

Governing Law
MB Lawyers website relates only to the laws of England and Wales except as expressly stated to the contrary.
In the event of any dispute arising as a result of content posted on this website, the jurisdiction and applicable law to be invoked is that of England and Wales.

CONTACT

GET IN TOUCH

CONTACT US

For a FREE personalised quote
get in touch today.

CONTACT

GET IN TOUCH

Maria Boulter
Solicitor

01763 449128

mboulter@mblawyers.co.uk

MB Lawyers
3 Chipping Hall Barns
Chipping
Hertfordshire
SG9 0DP

 

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You have a right to with draw this consent at any time you wish.

You can with draw consent by emailing mboulter@mblawyers.co.uk or by writing to me at MB lawyers 3 Chipping Hall Barns Chipping Herts SG9 0DP.