PossessionProceedings.co.uk is a trading style of eLawyer Services Limited, which is a legal services company providing what is known as “non-reserved” legal activities throughout the UK.
These Terms of Business will apply on every occasion on which you instruct us and to all work we undertake on your behalf, until such time as we supply you with an updated edition, although we may not always send you fresh copies each time unless you specifically request them from us.
We want the best relationship between us as we help you with your matter, and this leaflet explains:
What to do if you are unhappy about the way your matter is being dealt with
Unlike traditional law firms, we generally don’t have fixed office addresses and opening hours. Our Partners are self-employed and may undertake legal work for you at times outside typical “office hours”, including on Saturdays or Sundays.
We will usually meet with you at your home, or at another suitable location, at a time which is convenient to you.
We have always believed that a good relationship between us is essential to a successful transaction. You have an absolute right to know what is going on, how much it is likely to cost, and how to approach us if you are not happy with the way things are going.
At the start of your transaction, we will tell you how much we are going to charge and why; and we ask you to pay our charges in advance.
All payments are to be made to our account as follows:
Account name: eLawyer Services Limited
Bank name: ANNA
Sort code: 04-03-70
Account number: 63991495
We aim to charge fixed fees for all transactions where possible.
VALUE ADDED TAX (VAT)
Please note that we are registered for VAT. Our registration number is 412 2261 50.
In some cases, you may also have to pay VAT on third party disbursements (see below) that we incur on your behalf.
In accepting these Terms of Business, you are agreeing to be responsible for the payment of any VAT which is or becomes due in respect of your matter.
If, for any reason, your transaction does not proceed to conclusion, or completion, then we will charge you for the work that has been carried out for you, and for any disbursements incurred. You will need to pay our costs for such abortive matters, which we will calculate based upon the time spent on your matter.
Where you have paid in advance for the full fees quoted for your case, you may be entitled to a proportionate refund.
We accept instructions on the understanding that all costs and disbursements must be paid as requested by the Partner dealing with your case. In probate cases, for example, we will usually ask you to pay any outstanding costs and disbursements (including fees for any probate application) in advance of the application being submitted.
We will not be able to continue with your matter unless and until our costs and disbursements have been paid in accordance with our requirements.
Please also see the section on “Limitation of Liability” below.
As referred to above, there may also be expenses that apply to your transaction, which we may have to pay out on your behalf, and which are called “disbursements”.
The amount of the disbursements that we incur for your transaction will depend on the type of transaction that we are dealing with: for example, in probate cases, we may have to pay out Court Fees, Barrister’s Fees, and fees for experts’ reports.
We will ask for payment of anticipated disbursements in advance in all cases. We will not incur disbursements on your behalf unless and until we have received payment on account from you.
If you receive a bill from us, and are not happy with it for any reason, you are entitled to complain about your bill. You will need to follow the complaints procedure referred to below.
You agree that we may retain (as a lien) any papers, deeds and/or documents that we are holding for you, until such time as all monies due to us by you for costs and/or disbursements have been paid.
We have a facility which enables us to take payments from you by Debit or Credit card in respect of any costs and/or disbursements, rather than you having to send us a cheque or make a payment over the electronic banking system.
If you wish to pay our costs by debit or credit card, then we will not charge any additional fee or amount for processing such payment; for payments of disbursements, we may raise an admin charge of about 2% of any payment, to cover processing costs.
In cases where you have provided us with Debit or credit card details to make a payment to us, by accepting these Terms of Service, you are also authorising us to take payment of any other payment(s) requested by us for costs and/or disbursements, by using those card details. We will, of course, provide a receipt to you in respect of any such payments by Debit card, for your own records, as required by you.
We are confident that we will be able to succeed in your possession claim; so confident that, if we do not obtain a possession order for you*, we will refund to you the full amount of our fees (but you will still have to pay the Court fee and any disbursements paid out on your behalf, such as advocacy fees).
*You will need to disclose to us all relevant facts relating to the tenancy, such as any repair issues with the property, in order for us to be able to offer any refund. Please complete our landlord questionnaire fully and feel free to speak with us about this.
As a legal services company, providing “non-reserved” legal activities, we can deal with the preparation and service of notices on your behalf and we can advise and act for you in pre-proceedings work.
If Court proceedings become necessary, we work with our nominated solicitors to deal with these for you (their legal costs are incorporated within our own charges).
In order for us to progress your matter we rely on your assistance. As such we require you to:
Failure to do this will adversely affect our ability to act on your behalf, may result in delays, and could ultimately jeopardise the transaction or case.
Under certain circumstances, we may deem it necessary to terminate our contract with you; we will endeavour to give you reasonable notice of this wherever possible.
Furthermore, we will not accept abuse, coercion or intimidation of our staff, verbal or otherwise, at any time. Any such action by you, or by any person acting on your behalf, will result in an immediate termination of our contract with you.
We recognize that email is increasingly used as a means of communication. Clients should however be aware that email is not a secure means of communication, so that there is always the risk of confidential information falling into the hands of a third party. We accept your instructions on the basis that (unless you instruct us to the contrary in writing) we are free to use this means of communication with you and with others on your behalf if we see fit. We also reserve the right to decline to accept email instructions in any individual matter, and to decline to receive or download attachments with emails.
We may store your details on a computer and retain that information after the completion of your transaction to enable us to access your records should any query arise. We do not give your details to anyone else without your authority.
The new General Data Protection Regulation (GDPR) came into force on 25th May 2018.
This Regulation replaced the Data Protection Act and gives individuals more control over their personal data, who has access to it and what it is used for.
The GDPR outlines six principles that anyone who manages and handles personal data must follow. These state that personal data must be:
By signing these Terms of Business, you are confirming that it is acceptable for us to hold your personal data – such as your name, address, email address and telephone number – and to share this information with our staff members and others (such as any agents and advisors involved with you in your particular matter).
We may send you information from time to time about our services and other things that we believe may be of interest to you, such as our special promotions and information articles. If you are happy for us to do this, please sign in the Authorities section at the end of these Terms of Business.
You can always change your mind about giving us this permission, by emailing or writing to us.
We will generally retain an electronic copy of your file(s) (instead of the original “paper” file) at the conclusion of your transaction. In these circumstances, following the scanning of the paper file(s) on to our computer system, the original paper file(s) will be destroyed, and any original deeds or documents returned to you as appropriate.
Sometimes, clients ask us to send them (or someone else) a complete copy of their file, for their own records. We are happy to do this, and will charge an administration fee of £75 (plus any applicable VAT) for each such request, to include our copying charges, postage etc. We will ask for payment of these fees in advance, and reserve the right to retain the original/scanned file(s) until such time as we receive such payment.
Despite our best efforts to prevent our company and our clients falling victim to fraudulent criminal activity, such incidents can occur.
Please see the section on “Limitation of Liability” below.
Our retainer does not extend to the giving of advice on taxation matters. Most business and property transactions have tax implications in respect of which you are advised to seek independent advice from an accountant or other taxation adviser.
We advise on English law, and not on foreign or religious law – if advice in those areas is needed, it should be sought elsewhere.
We do not carry Professional Indemnity Insurance and we do not accept liability for any losses exceeding the full amount of the fees (excluding disbursements) you have paid us for your particular case.
Additionally, we will also not be liable for any losses (however arising) as a result of cyber crime and fraud, including (without limitation) identity theft, property fraud and/or theft of funds.
WHAT TO DO IF YOU HAVE A COMPLAINT OR QUERY
We value our clients and are committed to providing you with both exceptional legal advice and exceptional professional service. However, occasionally an issue may arise that causes you concern. In such cases, we find that resolving the matter as quickly and easily as possible is best, so always feel free to complain if you feel you are not receiving the service that you expected.
Our good relationship must be based on mutual trust and understanding; it is only when you tell us about any problems that we can put matters right. We promise that if things go wrong we shall do our best to sort the matter out fairly and quickly.
Please let us know immediately if you are not happy with the professional service you are receiving from us and we will work to rectify matters as soon as possible.
YOUR AUTHORITY TO US
Please read the following carefully, and then click to “Accept” these Terms.
We have read the above. We are happy to give you the authorities requested and to instruct you to act for us on the terms set out.
