TERMS OF BUSINESS

TERMS OF BUSINESS

Identifying the client
Anti-Money Laundering Obligations the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 as amended require solicitors to obtain satisfactory evidence of identity of their clients and sometimes people related to them.

Regulation 18 of the money laundering regulations requires firms to take steps to identify the risks of money laundering and terrorist financing that are relevant to it.

As part of the risk assessment, I must consider risk arising from:

– my clients (e.g. whether any of them are Politically Exposed Persons or family members or known close associates of Politically Exposed Persons)

– the countries or geographic areas I operate in (e.g. any country that may bring a risk of corruption or may be considered a high-risk third country)

– my products or services (e.g. whether you I am involved in conveyancing)

– transactions (e.g. are any of the transactions of a larger size)

. delivery channels. (e.g., online or without any face-to-face contact

This is because solicitors who deal with money and property on behalf of their client can be used by criminals wanting to launder money.

The laws require me to have strict checking procedures and if I am unable to obtain satisfactory information and/or I am unable to verify your identity then I am not permitted to proceed with the transaction, and I will not be able to continue to act for you.

Documentation Required to Prove Your Identity
Individual Clients
To comply with the law, if you are a new client, I will need to verify your identity before I start acting for you. To do this, you will need to personally attend my office, or we will meet so I can see some original documents to prove your name and address. If we are unable to meet in person for any reason, then please contact me.

Acceptable evidence to verify your identity are:

Proof of name — one of the following: › Current signed passport; › National ID card (non-UK residents); › Police/armed forces ID card; › Current UK/EEA photo card full driving licence; › Firearms or shotgun certificate.

Proof of address — two of the following; › Recent utility bill or statement (not more than three months old); › Original council tax bill (for current year); › Recent original bank or mortgage statement, received from the bank or mortgage company (not more than three months old); › House or motor insurance certificate (for a live policy); › Current UK/EEA photo card full driving license; › HMRC self-assessment letters or tax demand (dated within the current financial year).

Please note that I cannot accept the same document to prove both your name and address. They must be different documents e.g. one to prove your name and one to prove your address. If you cannot provide any of the above documents, please contact me.

Acting for an Estate
If you are an Executor or Administrator of an Estate and there is more than one Executor or Administrator, I will need to obtain evidence of the identity of at least two including yourself in order to proceed. The documents required for each are the same as for individuals.

Beneficiaries
If you are a Beneficiary of a Trust and there is more than one Beneficiary, then I will need to obtain evidence of the identity of all Beneficiaries The documents required for each are the same as for individuals.

Private Companies
If you are instructing me on behalf of a private company, as it is a legal entity in its own right, I will need to verify the existence of the Company and the following evidence of identity will be required: › Name, address and company number; › Address of registered office; › A copy of the certificate of incorporation; › Full names of directors and senior persons responsible for its operations; › Details of legal owners and beneficial owners.

I must also verify that you are authorised to act on the Company’s behalf and verify yours, the legal owners and the beneficial owners’ identity as I would for individuals.

Partnerships
If you are instructing me on behalf of a Partnership, I will need to obtain evidence of your identity and one other Partner together with satisfactory evidence of the trading address. If the Partnership is regulated, I will only need to confirm the Partnership’s existence and address from a professional directory.

For the avoidance of doubt this firm will not certify evidence of identity for anybody who is not a client

Please note that legislation on money laundering and terrorist financing has placed me under a legal duty in certain circumstances to disclose information to the National Crime Agency (NCA). Where I know or suspect a transaction on behalf of a client involves money laundering, I may be required to make a Money Laundering Disclosure to the NCA. If this happens, I may not be able to inform you that a disclosure has been made or the reasons for it. In the event of such a report being made, whether appropriate or not, I will not be held liable and in no circumstances will any compensation be paid.

If you have any connection to any of the countries listed below, I cannot act.
For the purpose of answering this question I am following the Office of Financial
Sanctions Implementation guidance and a client is to be regarded as \”connected.
with\” a country if the person is—
• an individual who is, or an association or combination of individuals who are,
ordinarily resident in that country,
• an individual who is, or an association or combination of individuals who are,
located in that country,
• a person, other than an individual, which is incorporated or constituted under
the law of that country, or
• a person, other than an individual, which is domiciled in that country.
[ ] Afghanistan
[ ] Armenia and Azerbaijan
[ ] Republic of Belarus
[ ] Bosnia and Herzegovina
[ ] Burundi
[ ] Central African Republic
[ ] Mainland China
[ ] Democratic People’s Republic of Korea (North Korea)
[ ] Democratic Republic of the Congo
[ ] Guinea
[ ] Republic of Guinea-Bissau
[ ] Haiti
[ ] Iran
[ ] Iraq
[ ] Lebanon
[ ] Libya
[ ] Mali
[ ] Myanmar (Burma)
[ ] Nicaragua
[ ] Russia, including internationally unrecognised territories such as Transnistria,
Luhansk or Donetsk
[ ] Somalia
[ ] South Sudan
[ ] Sudan
[ ] Syria
[ ] Venezuela
[ ] Yemen
[ ] Zimbabwe
[ ] None of the above
Are you a Politically Exposed Person (PEP)? If yes, I require full details as an enhanced due diligence check will be required.
A PEP is someone who holds or has held, within the last 12 months, a prominent public position.
In addition, family members and close associates of PEPs are also considered to pose a higher risk, so please advise asp if this applies to family or close associate of yours
The definition has been split into two categories:
Domestic PEPs: Individuals entrusted with prominent public functions in the UK.
Non-Domestic PEPs: Those holding similar positions outside the UK.
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 are that you do have mental capacity until it is shown otherwise.

If you have any knowledge or concerns about this, you must let me know immediately.

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

In some cases, to ensure I am acting in your best interests and to comply with my 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, I must be satisfied you understand what you are doing in connection with your matter.

Who will be responsible for the work on your matter?
I will be responsible for the work on your matter. I am a Solicitor and the Sole Owner /Practitioner of

M B Lawyers. I have been qualified for over 25 years. I will of course use all reasonable skill and care and will keep you updated on progress using plain language.

Your Privacy
To comply with GDPR regulation please advise if you DO Not agree with any of the following :
Yes { } I agree to be contacted by email.
Yes { } I agree to be contacted by post.
Yes { } I agree to be contacted by telephone.
Yes { } I agree to you liaising and providing details about me and my matter to the estate agent in my case.
Yes { } I agree to you liaising and providing details about me and my matter to my lender /building society.
Yes { } I agree to you liaising and providing details about me and my matter to the solicitors acting the other party in my matter.
Yes { } I agree to you liaising and providing details about me and my matter to any other relevant party.
You have a right to withdraw this consent at any time you wish.
You can with draw consent by emailing me at mboulter@mblawyers.co.uk or by writing to me at MB Lawyers.
You must tell me 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

Contact -When How and Whom?
My working hours are 9.30-5.30 Monday to Friday. I can be contacted by post only at 5 Old Mill Buildings Mill End Standon SG11 1LR / on telephone number 01763 449128 /by email at <mboulter@mblawyers.co.uk>. If I am not available when you contact me l will try to contact, you by the end of that working day or the next working day. I will aim to reply to letters within 3 working days. Please note meetings are STRICTLY BY APPOINTMENT ONLY.

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 I will try and give you a realistic time estimate where I can. I will also do all I reasonably can to assist you in meeting any timeframes you have but timing may often depend on factors which are not within my control. Cases involving litigation are also often complex and lengthy.

How much will I charge?
Costs can mean various things but usually covers fees, disbursements, and VAT where applicable.
The majority of my work is conveyancing.

Generally, I will charge my fee according to a fixed fee which we will agree at the start of your matter. I generally charge a fixed fee for conveyancing and property matters.

Litigation costs especially however 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. I will do my best to give you an accurate estimate of costs where I can, but this is not fixed unless specified. I will of course keep you advised of costs throughout the case at regular intervals and at least twice yearly.

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

I will confirm how I am charging you in my initial engagement letter.

In calculating my time, I 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 I 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 I will charge starts at £350.00 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, I 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 my fees I 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. I 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 I am not registered for VAT, and this is not payable on my fees. This gives you a saving. I will let you know when I become 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 you 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 opponent’s 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 I 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.

Depending on when a matter goes abortive, I will need to charge abortive fees and will discuss this with you at that time.

Leasehold Property Purchases
I will Not act on the purchases of leasehold property which is subject to the Building Safety Act.

Purchases involving a lender.

As I am a Sole Practitioner, I can act for   the buyer but not but not the lender in a purchase where a buyer requires a mortgage. I have a contact Ian Anderson( Tel: 020 8446 5511 of Curwens Solicitors, 1A Friern Park London N12 9DE) who can act for the lender. He charges £480.00 plus VAT. This dual representation is not an issue for most  lenders you just need to let the lender and or  broker know.

 Alternatively, the lender can instruct their own solicitor from their panel of solicitors, and the buyer will pay their fee.

 On the purchase of  leasehold property Curwens will only act if the property is Not subject to the Building Safety Act and generally  on condition the sellers solicitors follow the Law Society code for completion

Referral fees
For some transactions I 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 me and not by you.

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 my 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 my reference and your full name when making the payment.

UNDER NO CIRCUMSTANCES SHOULD ANY MONEY BE SENT TO ME 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 I 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 my bill, please let me know.

Conflict of Interest
An actual or potential conflict of interest between you and another one of my clients or myself may arise during the course of your matter. If this happens, I 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 me know straight away.

Joint Instructions
When instructing me jointly with others the instructions of any one of you are the instructions of all of you. Each one of you instructs me as agent for the others. I 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 me know straight away to see if we can resolve this. I 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.

I 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 me with 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. I may also end instructions if required by law. If appropriate I will apply to remove my name from any court record.

If either you or I decide that I will no longer act, you must pay my fees up to the date instructions are terminated. I will keep all your papers until my bill is paid. If my bill is not paid, I will claim a lien over all paperwork of whatever nature in connection with your matter.

Tax Advice

I am not a tax expert and cannot give you any tax and or financial advice.

Stamp Duty is generally payable on a property purchase. A form must be filled in to do this. I can fill this form in for you. My fee for this is £60.00 plus VAT. I attach a form called Stamp Duty Land Tax explaining things more fully and await your instructions. Even if Stamp Duty is not payable the SDLT form must be filled in.

Please note the changes to stamp duty i.e., the increased rate if you already have anywhere in the world another home and or are buying a second or additional home or a buy to let as explained in the attached Stamp Duty Land Tax sheet.

If you are not a UK resident, please note the impact on Stamp Duty and understand the increased costs to you. Let me know asap. The same applies if you are not buying as individual.

 Please note the change to Stamp Duty from Spring 2025.

Changes in Stamp duty may also happen from time to time and at budgets in particular so please be aware of this and apply it to your circumstances.

You must be sure you can pay Stamp Duty in full whether or not the surcharge applies & all other costs and disbursements before you exchange contracts.

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

 In purchase transactions even if I fill in and lodge the SDLT form and pay Stamp Duty I do so on your specific instructions having offered you No Tax advice and or No  Trust advise and or NO financial advice and the legal liability for this remains strictly with you.

 Your instructions are given to me on the basis that you have sought the necessary independent professional Tax and or Trust and or financial advice and or sought the advice of HMRC before giving me instructions to lodge the SDLT form on your behalf and to pay the Stamp Duty.

 You can also go on to the gov.uk website to assist you.

 Any work I do may involve tax implications or necessitate the consideration of Tax planning strategies and or Trust advise . I am not authorised or qualified to give any Tax advice or Trust advise  or financial advice whatsoever.

 You must seek independent  expert Tax and or Trust advice and or financial advice  before exchange of contracts if applicable . If you have any concerns about this, please let me know immediately.

 You should seek Tax advice if necessary, on any relevant taxes including but not limited to  Stamp Duty, Capital Gains Tax and Inheritance Tax.

 You should be aware of any time limits applicable to payment of any taxes and the subsequent penalties which could be significant and onerous on you that may follow if time limits are missed.

Money
I am unable to accept any cash payments or any monies from oversees or from third party bank accounts.

I can only return or send money to a UK bank account in your name (s) or by a cheque payable to you.

As a Sole Practitioner, I cannot act for any lender, but I can act for you. The lender will need to instruct their own solicitor and agree to this dual representation.

If you are providing some or all the money for the purchase of a property, I must have evidence of the location and source of these funds.

I need bank statements showing a 6-month audit trail at the very least.

I need to know where it’s come from i.e. salary ,savings, investments, pensions, sale of shares, inheritance etc.

Examples of evidence of source of funds include:

Bank or investment accounts statements.

Payslips from your employer(s)

P60 form if employed, or tax return if self-employed.

Dividends statement, if you\’ve received dividends from a UK company, along with personal and company statements showing payment and receipt

Pension statement, if you receive a pension, along with bank statements for proof of receipt.

Completion statement, if the funds have come from the sale of an asset, along with bank statements showing receipt of proceeds

Inheritance statement from executors of an estate, if the funds have come from an estate distribution, along with bank statements showing receipt

Compensation confirmation from a solicitor, if you\’ve received compensation through a legal settlement, along with bank statements showing receipt

Gift letters.

If the bank account being operated is an internet-only based account, I will require computer printouts of bank statements.

If the money in question is from the sale of investments, I will also require evidence of this. If the monies are savings accumulated, I will require bank statements showing the accumulation of these funds.

If any money is coming to you from a third party, they may need to get independent legal advice.

If monies are being provided by a third party i.e., not you, I require evidence of the source of funds from the third party as well as their identification on the same basis as set out above i.e., original identification together with original bank statements and supporting documentation.

If the money is gifted to you, we will need a Deed of Gift and Insolvency and or an Insolvency Indemnity policy.

If the money is coming from any kind of crypto currency, you must advise me and provide evidence.

As to funds my policy is that the money should come to me from your UK bank account, and it should be the same account that you have provided the proof and source of funds.

You must also confirm the money is freely available to you, you are solvent, you have sufficient funds and are able to purchase the property freely with the funds.

.

Professional Indemnity Insurance and General Regulation
I am a solicitor authorised and regulated by the Solicitors Regulation Authority. I am 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. I am covered up to £2 million. A copy of my insurance policy is available on request and for inspection by you.

Exclusions and Limitations on Liability
My 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 me howsoever the loss or damage is caused including my negligence shall be limited in all circumstances to a maximum sum of £2 million. I 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 me you agree to this disclosure.

Financial Services Authority
I am not authorised under the Financial Services Authority or under and Financial Services Legislation. I give NO financial ,Tax and Trust advice.

Client Confidentiality and Auditing
All information you give to me is treated as confidential and will not be released to a third party without your authority unless required by law.

You consent, unless I am told in writing otherwise, to your file being externally audited on a random basis by my accountant and or other party and to me disclosing for purposes of publicity or otherwise to third parties that I have provided services to you and the general nature of the matter.

Storage Disclosure and Retention of Documents
I 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 my 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. I keep the originals of the papers you give me and provide copies on request, subject to an administration 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 me all rights of ownership that you have in letters and documents that I receive. I retain the copyright to any document created by me and may use this in the future subject to law and compliance with all regulations.

I 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 I will advise you accordingly.

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

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

Cyber Risks
Cyber fraud and cybercrime are 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 I will not advise of new bank account details by email. I 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 I 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.

The Risks of Email Communication
Email carries some inherent risks, namely potential lack of security and lack of authenticity. Further, where a sender and recipient use different internet service providers, there can be no guarantee of prompt transmission and incompatibility may also create delivery problems. Notwithstanding these potential problems, the vast majority of email communication is secure and prompt, but I am nevertheless required to advise you of these potential risks. If you request us to communicate by email or you send us an email, you will be deemed to have accepted the inherent risks in email communication, and we shall have no liability for any losses arising from such risks. If you wish for me to email all documents to you using password protection, then please tell me us as soon as possible.

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 I confirm I have and operate a policy of equality and diversity. My policy is available on request.

Other Documents
These Terms of Business and any documents provided in your initial letter/email set out the full terms of the contract between us.

Clients’ Money and Interest
In accordance with the Solicitors Account Rules, it is my policy to account to my clients, on a fair and reasonable basis, for a sum in lieu of interest in respect of client monies held by me.

I am 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 may 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 .\
2.3. In normal circumstances, if the total amount of interest calculated is less than £100.00, 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. I do not operate separate individual accounts.

I will not be responsible for any losses resulting from the insolvency of any bank where I deposit client funds. The FSCS is the UK’s statutory compensation scheme for customers of financial services firms (banks, building societies, etc.). The FSCS can pay compensation (up to £85,000) to consumers if a company is unable, or likely to be unable, to pay claims against it. The £85,000 FSCS limit applies to the total sum of personal monies held by an individual in any one deposit-taking institution. This would include your monies held in my client account on your behalf. Some deposit-taking institutions have several brands, i.e. where the same institution is trading under different names, so you should check with your deposit-taking institution, the FCA or a financial adviser for more information. I will seek your consent for the disclosure to FSC.

Client Satisfaction
I want to give you the best possible service. However, if at any point you become unhappy or concerned about the service I have provided to you then you should inform me immediately by telephone email or post so that I can do my best to resolve the problem for you in the first instance.

If you would like to make a formal complaint then you can access my full complaints procedure by emailing me at <mboulter@mblawyers.co.uk> or writing to me at the address at the top of this letter

If the issue is not sorted as per the complaints procedure you may contact Michael Casson of Rainer Hughes Solicitors who is my 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 my 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.

They can only investigate a complaint once I have had the chance to investigate it and respond. This means you need to make a formal complaint to me first.

You can find further information the legal ombudsman website about how to complain to a service provider, including a template complaint letter.

If you have already complained to the service provider and have not received a satisfactory response, then they might be able to help.

The easiest way to check if they can help you is to use the complaint checker tool on their website. Alternatively, you can send us a completed complaint form, which is available to download from the website.

Time limits to be aware of

A complainant can use the Legal Ombudsman if:

a\) the complaint has not been resolved to the complainant’s satisfaction within eight weeks of being made to the authorised person; or

b\) an ombudsman considers that there are exceptional reasons to consider the complaint sooner, or without it having been made first to the authorised person; or

c\) where an ombudsman considers that in-house resolution is not possible due to irretrievable breakdown in the relationship between an authorised person and the person making the complaint.

This time limit applies only if the authorised person’s written response to a complaint included prominently:

• an explanation that the Legal Ombudsman was available if the complainant remained dissatisfied.

• full contact details for the Legal Ombudsman; and

• a warning that the complaint must be referred to the Legal Ombudsman within six months of the date of the written response.

If (but only if) the conditions in (a) are satisfied, a complainant must ordinarily refer the complaint to the Legal Ombudsman within six months of the date of that written response.

Time limit from act/omission

Ordinarily, the complainant must refer the complaint to the Legal Ombudsman no later than:

\- one year from the act/omission; or

\- one year from when the complainant should reasonably have known there was cause for complaint.33

If you need to write to the legal ombudsman ,the address is:

Legal Ombudsman

PO Box 6167

SLOUGH

SL1 0EH

The telephone number is 0300 555 0333.

They are open from 9am to 1pm from Monday to Friday. Calls may be recorded and used for training and monitoring purposes.

Visit www.legalombudsman.org .uk

Email enquiries@legalombudsman.org .uk

If you require a copy of the Legal Ombudsman Scheme Rules, please ask me.
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, I may be entitled to charge interest.

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

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