m j elsdon
solicitorlegal services
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M J ELSDON, SOLICITOR
1. General :-
(a) Michael John Elsdon, Solicitor, will be solely responsible for the case
(b) Throughout the case if there is anything that concerns the Client or anything else the Client would like to discuss, the Client should not hesitate to contact Michael John Elsdon, Solicitor
(c) The Practice addresses registered with The Law Society are 63 Yarmouth Road North Walsham NR28 9AU and 4 Eastacombe Rise Heanton Braunton EX31 4DG
(d) Office hours are from 9.00 to 1.00 and 2.00 to 5.00 Monday to Friday. For any visits to the registered Practice addresses outside office hours for any reason there is a minimum fee of £50 plus VAT
(e) Contact details for telephone are 01692 403562 and 01271 817661, for fax 01692 405401 and 01271 817662 and for e-mail info@mjelsdon.co.uk
(f) Fees are based on a charging rate of £250 an hour plus VAT. The Practice was commenced by Mr Elsdon in 1988 and has been run by him from that time. Letters written per page and telephone calls not exceeding 6 minutes are charged at one tenth of the hourly rate and letters received per page at one twentieth of the hourly rate
(g) The charging rate is reviewed in January and July of each year
(h) Charges are calculated mainly by the time spent by the Solicitor on the work done for the Client in correspondence, telephone calls, enquiries, travelling and waiting and meetings with Clients. In addition the urgency and complexity of a case must be taken into account as well as the value and importance to the Client
(i) The term “the Solicitor” includes M J Elsdon his partners and successors whether corporate or incorporate
(j) Where appropriate the Solicitor will conduct a file review at least every month. At each file review the Solicitor will include a review of the requirements of the Solicitors’ Code of Conduct 2007. Fees for each review are payable at the said charging rate
(k) The Client is to provide payment for disbursements on request. Disbursements are the items which a Solicitor pays on behalf of a Client. Disbursements include administration expenses such as photocopying postages and telephone
(l) Before any work may be done the Client must comply with the requirements as to proof of identity in accordance with the then current Money Laundering Regulations (m) Papers relating to the case in the possession of the Solicitor if not requested by the Client within 28 days of completion of the work may be disposed of by the Solicitor at his discretion
(n) Solicitors are under a professional and legal obligation to keep the affairs of Clients confidential. This obligation, however, is subject to a statutory exception: legislation on money laundering and terrorist financing has placed Solicitors under a legal duty in certain circumstances to disclose information to the Serious Organised Crime Agency. Where a Solicitor knows or suspects that a transaction on behalf of a Client involves money laundering, the Solicitor may be required to make a money laundering disclosure. If this happens, the Solicitor may not be able to inform the Client that a disclosure has been made or of the reasons for it because the law prohibits “tipping-off”
(o) A Client who wishes to pay for anything in cash must first obtain the Solicitor’s consent. All payments are at the Solicitor’s discretion
(p) It is the responsibility of the Client to provide the Solicitor with full details to enable the Solicitor to contact the Client at all times and in emergency
(q) Sometimes conveyancing/family/probate/company work involves investments. The Solicitor’s firm is not authorised by the Financial Services Authority and so may refer the Client to someone who is authorised to provide any necessary advice. However, the Solicitor’s firm can provide certain limited services in relation to investments, provided they are closely linked with the legal services the Solicitor’s firm is providing to the Client, as the Solicitor’s firm is regulated by the Solicitor’s Regulation Authority
(r) If the Client has any problem with the service the Solicitor’s firm has provided for the Client then the Client will please let the Solicitor know. The Solicitor will try to resolve any problem quickly and operate an internal complaints handling system to help him to resolve the problem internally. If for any reason the Solicitor is unable to resolve the problem internally, then the Solicitor’s Regulation Authority and the Legal Complaints Service provides complaints and redress mechanisms
(s) The Solicitor’s firm is not authorised by the Financial Services Authority. However, the Solicitor’s firm is included on the register maintained by the Financial Services Authority so that it can carry on insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts. This part of the Solicitor’s firm’s business including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitor’s Regulation Authority. The register can be accessed via the Financial Services Authority website at www.fsa.gov.uk/register
(t) The Law Society is a designated professional body for the purposes of the Financial Services and Markets Act 2000 but responsibility for regulation and complaints handling has been separated from the Law Society’s representative functions. The Solicitor’s Regulation Authority is the independent regulatory body of the Law Society and the Legal Complaints Service is the independent complaints handling body of the Law Society
(u) The Solicitor does not give tax advice
(v) In all other cases other than litigation and conveyancing matters accounts are rendered monthly or on completion of the work at the Solicitor’s discretion and fees and disbursements are payable within 28 days of the date of the account
(w) In all cases funds in Client Account may be utilised for payment of Costs as appropriate
(x) There are circumstances where the firm may be entitled to exercise a lien for unpaid costs. For example where fees are unpaid and the Solicitor holds property for a Client the Solicitor may retain that property pending payment of the fees
(y) If there is more than one Client jointly instructing the Solicitor both or all will be jointly and individually responsible for all of the Solicitor’s Costs VAT and disbursements
(z) If there is more than one Client jointly instructing the Solicitor and they subsequently disagree the Solicitor may not be able to act for both or all if there is a conflict of interest
(aa) If the Solicitor is instructed to act for a limited or other company the person giving or transmitting the instructions to the Solicitor on behalf of the company is liable for all of the Solicitor’s Costs VAT and disbursements if the company does not pay them. Identical provisions apply to partnerships unincorporated companies clubs associations and organisations mutatis mutandis
(bb) The Solicitor is not to pay Client’s disbursements until receipt of cleared funds from the Client equal to the amount of such disbursements
(cc) Where the Solicitor is required or requested to transfer funds by telegraphic transfer (other than one telegraphic transfer of funds to the Sellers Solicitors on the Completion of the purchase of a property) the Solicitor’s fees shall be a minimum of £35 plus VAT and disbursements and in addition to the telegraphic transfer charges made by the Solicitor’s bank. The fee is the minimum of £35 as at 1 January 2000 and increased each year at the rate of 5% per annum
(dd) A fee is payable by the Client to the Solicitor for storage of deeds, Wills and documents other than files. The fee is at the rate of £25 per annum from 1 January 2000 and increased each year at the rate of 5% per annum. The fee is payable for each Will, each set of deeds and each other unrelated document held in storage
(ee) Any request for copies of Deeds documents Wills or other papers incurs a charge of £0.25 per sheet plus VAT per sheet subject to a minimum charge of £25 plus VAT
(ff) M J Elsdon reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 if a commercial Client fails to pay any sum due within the time agreed
(gg) Interest on late payments shall accrue from day to day and shall be charged at 4% above the base rate from time to time of HSBC Bank Plc
(hh) In the event of a problem the Client is entitled to complain to the Solicitor. The Client will be given a copy of the complaints procedure on request. The Client will be told in writing how the complaint will be handled and within what timescales they will be given an initial and/or substantive response
(ii) The Solicitor is insured for professional indemnity against claims for negligence subject to a limit per claim of £2,000,000. Unless legally obliged the Solicitor does not accept liability for negligence above £2,000,000 except to the extent covered by the professional indemnity insurance
(jj) If the Client is a consumer the Client may under the Distance Selling Regulations be able to cancel this contract by notifying the Solicitor in writing within 7 days of accepting these terms. Therefore for the Solicitor to commence work immediately the Client must notify the Solicitor in writing that he is to commence work immediately. The thirty day “performance period” under the Distance Selling Regulations does not apply. The Solicitor will attend to matters as quickly as reasonable but the amount of time required cannot be predicted
(kk) Under the Solicitors Accounts Rules subject to certain provisions interest earned on money held for a Client is due to the Client. By these terms it is agreed that the Solicitor is not required to open a deposit account or pay interest ; this is in return for the Solicitor charging fees at the level mentioned in these terms
(ll) It is a fundamental term and condition of the engagement (subject to any relevant statutory provision limiting the ability to do so) that a Client will not bring any claim in respect of any damage against any principal partner agent or employee of the Solicitor nor any limited company or director agent or employee of any limited company that is a successor to the Solicitor
(mm) In an effort to ensure that service levels are constantly improved M J Elsdon may record or monitor telephone conversations for training and research purposes
2. In Conveyancing transactions :-
(a) Local Search fees are required early in the transaction and all other fees and disbursements before Completion
(b) First mortgage fees are as indicated in the Lender’s mortgage offer or if none are indicated therein then fees for a first mortgage where there is a contemporaneous purchase shall be payable in accordance with the Norwich & Peterborough Building Society guide to fees and charges as at January 2006 and increased each year thereafter at the rate of 5% per annum. A copy of the guide is available on request
(c) If a transaction does not proceed or in the rare event that there is work outside the scope of a normal conveyancing transaction additional fees for such work are payable pro rata the stated hourly charging rate
(d) Defects in title indemnity policies and second mortgages are examples of work outside the scope of a normal conveyancing transaction
(e) Non-standard additional enquiries are treated as outside the scope of a normal conveyancing transaction
(f) The minimum fee for each conveyancing transaction is £400 plus VAT and disbursements
(g) For Completions less than 10 working days from exchange of Contracts or notice of Completion there is a minimum Expedited Completion fee of £10 plus VAT for each calendar day from exchange of Contracts or notice of Completion until Completion subject to a minimum Expedited Completion fee of £50 plus VAT
(h) If the names on the mortgage offer are different from the registered proprietors at the Land Registry a Transfer Deed may be necessary. The minimum legal fees for this type of Transfer are £250 plus VAT and disbursements. Land Registry fees should also be payable
(i) If a property is held as “joint tenants” this has the effect that on a death the property passes automatically to the survivor. If a property is held as “tenants in common” then on a death the deceased’s share passes under a Will or on intestacy. If a property is held as tenants in common in unequal proportions a basic Declaration of Trust is required for which the minimum legal fees are £250 plus VAT and disbursements. Land Registry fees may also be payable. If the provisions in the Declaration of Trust (Trust Deed) are complex this will incur additional fees pro rata the hourly charging rate
(j) If there is more than one mortgage or charge on a property being sold or remortgaged where the mortgage(s) or charge(s) are with the same Lender or different Lenders then the minimum legal fees for redeeming each additional mortgage or charge are £100 plus VAT and disbursements
(k) Occasional other additional work incurring fees includes a cheque that does not clear, an Occupier’s Consent form and where an additional Deed or Deeds are required. If a property is leasehold a minimum fee of £250 plus VAT is payable for additional work incurred when dealing with leasehold properties. Additional work incurring fees relating to leasehold properties includes dealing with share certificates, obtaining lessor’s and other consents and retentions
(l) The key stages when selling a property are preparation of the draft Contract, deducing Title, answering Preliminary Enquiries, exchanging Contracts, obtaining Transfer executed, answering Requisitions on Title and Completing
(m) The key stages when purchasing a property are perusal of the draft Contract, investigating Title, making Preliminary Enquiries, making pre-contract searches , exchanging Contracts, preparing Transfer, making Requisitions on Title, making final searches, Completing and attending to Registration at the Land Registry
(n) Pre-contract searches reveal local land charges, roads and planning matters, water and drainage, environmental matters and occasionally common land and mining excavations
(o) Final searches reveal land registry entries, central land charges and bankruptcy and insolvency charges and company matters
(p) A Bank or Building Society or other Lender valuation is not a survey. Whether or not obtaining a mortgage in connection with a purchase it is always advisable to obtain a survey as well as buildings insurance. In leasehold properties where buildings insurance is not the responsibility of the lessee, the lessee is still responsible for contents insurance
(q) The average time for completing a conveyancing transaction in England and Wales is 3 months. Depending on e g how quickly the draft contract can be prepared and any mortgage application processed, the time may reasonably be reduced to 2 months or 6 weeks
(r) The Client must provide the Solicitor with cleared funds for the amount required by the Solicitor to complete the transaction at least 5 working days before the date proposed for Completion
(s) Accounts are rendered before Completion and fees and disbursements are payable prior to Completion. If there is no Completion then fees and disbursements are payable within 28 days of the date of the account.
3. In matters relating to Wills the Solicitor’s fees are for preparation of a Will. For work on matters not within the scope of standard Will preparation such as estate planning, joint ownership of property, foreign property, changes in family status, provision for dependants and the implications of any business owned by the testator, additional fees for such work are payable pro rata the stated hourly charging rate
4. In matters relating to Probate and Administration the key stages are obtaining valuation of assets and details of debts, statutory advertisement for creditors, obtaining grant of Probate or Letters of Administration, getting in all assets and paying all debts, preparation of accounts and distribution of the net estate funds
5. In non-contentious matters (those where Court proceedings have not been commenced) :-
(c) non-payment of fees within 30 days of written request entitles the Solicitor to terminate the retainer
(d) a written request for fees shall constitute notice that if they are not paid within 30 days the Solicitor may terminate the retainer with immediate effect
(c) the time for a request by the Client for a certificate under the Solicitors (Non-Contentious Business) Remuneration Order 1994 where a bill has been paid by way of deduction from monies received on account shall be one month
6. In litigation cases :-
(a) The Client confirms that the Solicitor has explained to his or her full satisfaction their potential costs liability and how the case will be funded and the payments the Client will make and the time for payments
(b) The Solicitor will render an account to the Client at the end of each month and fees and disbursements in an account are payable by the Client to the Solicitor within 28 days
(c) Non-payment of fees within 28 days of submission of a bill entitles the Solicitor to terminate the retainer with immediate effect
(d) The Client confirms that he or she is capable of adding together the totals of the bills rendered monthly and that the grand total of the bills rendered monthly will show the total Costs incurred to the date of the last bill rendered. If any Costs are incurred in addition to bills rendered monthly e g for Court fees or Counsel’s fees, the Solicitor will inform the Client
(e) If the Client is successful the opponent will probably not have to pay all of the Clients costs. The rates permitted by the Court on a bill payable by an opponent is seldom as high as the rates that are applicable between the Solicitor and the Client. The Client is responsible to the Solicitor for any balance
7. Website and Internet :-
(a) This website belongs to and is controlled by M J Elsdon
(b) Site usage is monitored and M J Elsdon reserves the absolute right to prevent any person company body or other organisation whatsoever from accessing this website or to refuse or terminate registration to the website or any part of the website should these terms and conditions of use be breached. Any such user shall be notified and must not then attempt to use this website under any other name or through any other user
(c) Prior to using this website, or any linked website, or using any information provided by M J Elsdon in any way, all Clients must agree to be bound by these Terms and Conditions
(d) By confirming Question 1. in the Virtual Office sections of this website all Clients confirm their agreement to be bound by these Terms and Conditions
(e) It is the responsibility of Clients to download and print a copy of these Terms and Conditions on acceptance thereof
(f) In addition to the Agreement created by Clients accepting these Terms and Conditions Clients agree to download print and sign a copy of these Terms and Conditions and send the signed copy to M J Elsdon within one month of the commencement of this Agreement
(g) The Client acknowledges that internet communications are not secure and any information provided electronically is on that understanding and at the Client’s sole risk and the Client indemnifies M J Elsdon against any loss arising therefrom
(h) The information contained in this website is given without responsibility on the part of M J Elsdon or their employees. The information is believed to be correct but the accuracy is not guaranteed and it does not obviate the need to make appropriate searches enquiries and inspections
(i) M J Elsdon makes no representation or warranty in respect of the accuracy of any information contained on this website and expressly disclaims any obligation to remedy any inaccurate information
(j) M J Elsdon shall have no liability or responsibility for any errors or omissions in the content of this website
(k) Transmission of information over the internet may be subject to arbitrary delays beyond M J Elsdon’s control which may delay the provision of our services or compliance with a Client’s requirements. The Client acknowledges that M J Elsdon shall be not be liable to a Client or any other party for any losses arising from such delay
(l) In no event will M J Elsdon be liable for any consequential loss including but not limited to special incidental, direct or indirect damages resulting from delay or loss of use of our internet services. M J Elsdon are not responsible for any damage to any computer, software, modem, telephone or other property resulting from use of our services
(m) M J Elsdon will not be liable to a Client or any other party for any loss or damage, direct, indirect or consequential, arising from
(o) No-one using this website must use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this website, or to search, copy, monitor, display or obtain links to any part of this website
(p) Obtaining access to any part of M J Elsdon’s system or this website by means of any such automated programs is strictly unauthorised
(q) No-one using this website must make or attempt to make any deletions or additions (save where completing any form supplied by M J Elsdon) or notifications, adjustments or alterations to any of the data or information or the systems or the databases contained or connected in any other way related to this website
(r) If a Client is unsure whether their proposed use of the information infringes these rights the Client should contact M J Elsdon by e-mail
(s) This website may contain links to other websites that do not belong to M J Elsdon
(t) M J Elsdon shall have no responsibility or liability in any way whatsoever for the content of any linked or other website or for the consequences of its use
(u) M J Elsdon gives no assurances that information obtained from this website or any other website linked connected or associated in any way will be supplied virus free
(v) M J Elsdon hereby expressly excludes all liabilities in respect of inaccurate or incomplete information in this website or any other website linked connected or associated in any way howsoever arising including (without limitation) those arising as a result of inaccuracies in the information provided to M J Elsdon by any person company body or other organisation whatsoever
(w) M J Elsdon are not responsible for the content or reliability of any linked web sites. M J Elsdon do not necessarily endorse the views expressed in them. M J Elsdon cannot guarantee that these links will function all of the time and M J Elsdon have no control over the availability of the linked pages
(x) M J Elsdon reserve the right to make changes to our website, policies, and these Terms and Conditions of at any time. The Client will be subject to the Terms and Conditions in force at the time that the Client uses the website or that the Client uses our services, unless any change to these Terms and Conditions is required to be made by law (in which case it will apply to use previously made by the Client)
(y) Clients agree that M J Elsdon may contact them by e-mail for all purposes
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M J ELSDON, SOLICITOR
1. General :-
(a) Michael John Elsdon, Solicitor, will be solely responsible for the case
(b) Throughout the case if there is anything that concerns the Client or anything else the Client would like to discuss, the Client should not hesitate to contact Michael John Elsdon, Solicitor
(c) The Practice addresses registered with The Law Society are 63 Yarmouth Road North Walsham NR28 9AU and 4 Eastacombe Rise Heanton Braunton EX31 4DG
(d) Office hours are from 9.00 to 1.00 and 2.00 to 5.00 Monday to Friday. For any visits to the registered Practice addresses outside office hours for any reason there is a minimum fee of £50 plus VAT
(e) Contact details for telephone are 01692 403562 and 01271 817661, for fax 01692 405401 and 01271 817662 and for e-mail info@mjelsdon.co.uk
(f) Fees are based on a charging rate of £250 an hour plus VAT. The Practice was commenced by Mr Elsdon in 1988 and has been run by him from that time. Letters written per page and telephone calls not exceeding 6 minutes are charged at one tenth of the hourly rate and letters received per page at one twentieth of the hourly rate
(g) The charging rate is reviewed in January and July of each year
(h) Charges are calculated mainly by the time spent by the Solicitor on the work done for the Client in correspondence, telephone calls, enquiries, travelling and waiting and meetings with Clients. In addition the urgency and complexity of a case must be taken into account as well as the value and importance to the Client
(i) The term “the Solicitor” includes M J Elsdon his partners and successors whether corporate or incorporate
(j) Where appropriate the Solicitor will conduct a file review at least every month. At each file review the Solicitor will include a review of the requirements of the Solicitors’ Code of Conduct 2007. Fees for each review are payable at the said charging rate
(k) The Client is to provide payment for disbursements on request. Disbursements are the items which a Solicitor pays on behalf of a Client. Disbursements include administration expenses such as photocopying postages and telephone
(l) Before any work may be done the Client must comply with the requirements as to proof of identity in accordance with the then current Money Laundering Regulations (m) Papers relating to the case in the possession of the Solicitor if not requested by the Client within 28 days of completion of the work may be disposed of by the Solicitor at his discretion
(n) Solicitors are under a professional and legal obligation to keep the affairs of Clients confidential. This obligation, however, is subject to a statutory exception: legislation on money laundering and terrorist financing has placed Solicitors under a legal duty in certain circumstances to disclose information to the Serious Organised Crime Agency. Where a Solicitor knows or suspects that a transaction on behalf of a Client involves money laundering, the Solicitor may be required to make a money laundering disclosure. If this happens, the Solicitor may not be able to inform the Client that a disclosure has been made or of the reasons for it because the law prohibits “tipping-off”
(o) A Client who wishes to pay for anything in cash must first obtain the Solicitor’s consent. All payments are at the Solicitor’s discretion
(p) It is the responsibility of the Client to provide the Solicitor with full details to enable the Solicitor to contact the Client at all times and in emergency
(q) Sometimes conveyancing/family/probate/company work involves investments. The Solicitor’s firm is not authorised by the Financial Services Authority and so may refer the Client to someone who is authorised to provide any necessary advice. However, the Solicitor’s firm can provide certain limited services in relation to investments, provided they are closely linked with the legal services the Solicitor’s firm is providing to the Client, as the Solicitor’s firm is regulated by the Solicitor’s Regulation Authority
(r) If the Client has any problem with the service the Solicitor’s firm has provided for the Client then the Client will please let the Solicitor know. The Solicitor will try to resolve any problem quickly and operate an internal complaints handling system to help him to resolve the problem internally. If for any reason the Solicitor is unable to resolve the problem internally, then the Solicitor’s Regulation Authority and the Legal Complaints Service provides complaints and redress mechanisms
(s) The Solicitor’s firm is not authorised by the Financial Services Authority. However, the Solicitor’s firm is included on the register maintained by the Financial Services Authority so that it can carry on insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts. This part of the Solicitor’s firm’s business including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitor’s Regulation Authority. The register can be accessed via the Financial Services Authority website at www.fsa.gov.uk/register
(t) The Law Society is a designated professional body for the purposes of the Financial Services and Markets Act 2000 but responsibility for regulation and complaints handling has been separated from the Law Society’s representative functions. The Solicitor’s Regulation Authority is the independent regulatory body of the Law Society and the Legal Complaints Service is the independent complaints handling body of the Law Society
(u) The Solicitor does not give tax advice
(v) In all other cases other than litigation and conveyancing matters accounts are rendered monthly or on completion of the work at the Solicitor’s discretion and fees and disbursements are payable within 28 days of the date of the account
(w) In all cases funds in Client Account may be utilised for payment of Costs as appropriate
(x) There are circumstances where the firm may be entitled to exercise a lien for unpaid costs. For example where fees are unpaid and the Solicitor holds property for a Client the Solicitor may retain that property pending payment of the fees
(y) If there is more than one Client jointly instructing the Solicitor both or all will be jointly and individually responsible for all of the Solicitor’s Costs VAT and disbursements
(z) If there is more than one Client jointly instructing the Solicitor and they subsequently disagree the Solicitor may not be able to act for both or all if there is a conflict of interest
(aa) If the Solicitor is instructed to act for a limited or other company the person giving or transmitting the instructions to the Solicitor on behalf of the company is liable for all of the Solicitor’s Costs VAT and disbursements if the company does not pay them. Identical provisions apply to partnerships unincorporated companies clubs associations and organisations mutatis mutandis
(bb) The Solicitor is not to pay Client’s disbursements until receipt of cleared funds from the Client equal to the amount of such disbursements
(cc) Where the Solicitor is required or requested to transfer funds by telegraphic transfer (other than one telegraphic transfer of funds to the Sellers Solicitors on the Completion of the purchase of a property) the Solicitor’s fees shall be a minimum of £35 plus VAT and disbursements and in addition to the telegraphic transfer charges made by the Solicitor’s bank. The fee is the minimum of £35 as at 1 January 2000 and increased each year at the rate of 5% per annum
(dd) A fee is payable by the Client to the Solicitor for storage of deeds, Wills and documents other than files. The fee is at the rate of £25 per annum from 1 January 2000 and increased each year at the rate of 5% per annum. The fee is payable for each Will, each set of deeds and each other unrelated document held in storage
(ee) Any request for copies of Deeds documents Wills or other papers incurs a charge of £0.25 per sheet plus VAT per sheet subject to a minimum charge of £25 plus VAT
(ff) M J Elsdon reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 if a commercial Client fails to pay any sum due within the time agreed
(gg) Interest on late payments shall accrue from day to day and shall be charged at 4% above the base rate from time to time of HSBC Bank Plc
(hh) In the event of a problem the Client is entitled to complain to the Solicitor. The Client will be given a copy of the complaints procedure on request. The Client will be told in writing how the complaint will be handled and within what timescales they will be given an initial and/or substantive response
(ii) The Solicitor is insured for professional indemnity against claims for negligence subject to a limit per claim of £2,000,000. Unless legally obliged the Solicitor does not accept liability for negligence above £2,000,000 except to the extent covered by the professional indemnity insurance
(jj) If the Client is a consumer the Client may under the Distance Selling Regulations be able to cancel this contract by notifying the Solicitor in writing within 7 days of accepting these terms. Therefore for the Solicitor to commence work immediately the Client must notify the Solicitor in writing that he is to commence work immediately. The thirty day “performance period” under the Distance Selling Regulations does not apply. The Solicitor will attend to matters as quickly as reasonable but the amount of time required cannot be predicted
(kk) Under the Solicitors Accounts Rules subject to certain provisions interest earned on money held for a Client is due to the Client. By these terms it is agreed that the Solicitor is not required to open a deposit account or pay interest ; this is in return for the Solicitor charging fees at the level mentioned in these terms
(ll) It is a fundamental term and condition of the engagement (subject to any relevant statutory provision limiting the ability to do so) that a Client will not bring any claim in respect of any damage against any principal partner agent or employee of the Solicitor nor any limited company or director agent or employee of any limited company that is a successor to the Solicitor
(mm) In an effort to ensure that service levels are constantly improved M J Elsdon may record or monitor telephone conversations for training and research purposes
2. In Conveyancing transactions :-
(a) Local Search fees are required early in the transaction and all other fees and disbursements before Completion
(b) First mortgage fees are as indicated in the Lender’s mortgage offer or if none are indicated therein then fees for a first mortgage where there is a contemporaneous purchase shall be payable in accordance with the Norwich & Peterborough Building Society guide to fees and charges as at January 2006 and increased each year thereafter at the rate of 5% per annum. A copy of the guide is available on request
(c) If a transaction does not proceed or in the rare event that there is work outside the scope of a normal conveyancing transaction additional fees for such work are payable pro rata the stated hourly charging rate
(d) Defects in title indemnity policies and second mortgages are examples of work outside the scope of a normal conveyancing transaction
(e) Non-standard additional enquiries are treated as outside the scope of a normal conveyancing transaction
(f) The minimum fee for each conveyancing transaction is £400 plus VAT and disbursements
(g) For Completions less than 10 working days from exchange of Contracts or notice of Completion there is a minimum Expedited Completion fee of £10 plus VAT for each calendar day from exchange of Contracts or notice of Completion until Completion subject to a minimum Expedited Completion fee of £50 plus VAT
(h) If the names on the mortgage offer are different from the registered proprietors at the Land Registry a Transfer Deed may be necessary. The minimum legal fees for this type of Transfer are £250 plus VAT and disbursements. Land Registry fees should also be payable
(i) If a property is held as “joint tenants” this has the effect that on a death the property passes automatically to the survivor. If a property is held as “tenants in common” then on a death the deceased’s share passes under a Will or on intestacy. If a property is held as tenants in common in unequal proportions a basic Declaration of Trust is required for which the minimum legal fees are £250 plus VAT and disbursements. Land Registry fees may also be payable. If the provisions in the Declaration of Trust (Trust Deed) are complex this will incur additional fees pro rata the hourly charging rate
(j) If there is more than one mortgage or charge on a property being sold or remortgaged where the mortgage(s) or charge(s) are with the same Lender or different Lenders then the minimum legal fees for redeeming each additional mortgage or charge are £100 plus VAT and disbursements
(k) Occasional other additional work incurring fees includes a cheque that does not clear, an Occupier’s Consent form and where an additional Deed or Deeds are required. If a property is leasehold a minimum fee of £250 plus VAT is payable for additional work incurred when dealing with leasehold properties. Additional work incurring fees relating to leasehold properties includes dealing with share certificates, obtaining lessor’s and other consents and retentions
(l) The key stages when selling a property are preparation of the draft Contract, deducing Title, answering Preliminary Enquiries, exchanging Contracts, obtaining Transfer executed, answering Requisitions on Title and Completing
(m) The key stages when purchasing a property are perusal of the draft Contract, investigating Title, making Preliminary Enquiries, making pre-contract searches , exchanging Contracts, preparing Transfer, making Requisitions on Title, making final searches, Completing and attending to Registration at the Land Registry
(n) Pre-contract searches reveal local land charges, roads and planning matters, water and drainage, environmental matters and occasionally common land and mining excavations
(o) Final searches reveal land registry entries, central land charges and bankruptcy and insolvency charges and company matters
(p) A Bank or Building Society or other Lender valuation is not a survey. Whether or not obtaining a mortgage in connection with a purchase it is always advisable to obtain a survey as well as buildings insurance. In leasehold properties where buildings insurance is not the responsibility of the lessee, the lessee is still responsible for contents insurance
(q) The average time for completing a conveyancing transaction in England and Wales is 3 months. Depending on e g how quickly the draft contract can be prepared and any mortgage application processed, the time may reasonably be reduced to 2 months or 6 weeks
(r) The Client must provide the Solicitor with cleared funds for the amount required by the Solicitor to complete the transaction at least 5 working days before the date proposed for Completion
(s) Accounts are rendered before Completion and fees and disbursements are payable prior to Completion. If there is no Completion then fees and disbursements are payable within 28 days of the date of the account.
3. In matters relating to Wills the Solicitor’s fees are for preparation of a Will. For work on matters not within the scope of standard Will preparation such as estate planning, joint ownership of property, foreign property, changes in family status, provision for dependants and the implications of any business owned by the testator, additional fees for such work are payable pro rata the stated hourly charging rate
4. In matters relating to Probate and Administration the key stages are obtaining valuation of assets and details of debts, statutory advertisement for creditors, obtaining grant of Probate or Letters of Administration, getting in all assets and paying all debts, preparation of accounts and distribution of the net estate funds
5. In non-contentious matters (those where Court proceedings have not been commenced) :-
(c) non-payment of fees within 30 days of written request entitles the Solicitor to terminate the retainer
(d) a written request for fees shall constitute notice that if they are not paid within 30 days the Solicitor may terminate the retainer with immediate effect
(c) the time for a request by the Client for a certificate under the Solicitors (Non-Contentious Business) Remuneration Order 1994 where a bill has been paid by way of deduction from monies received on account shall be one month
6. In litigation cases :-
(a) The Client confirms that the Solicitor has explained to his or her full satisfaction their potential costs liability and how the case will be funded and the payments the Client will make and the time for payments
(b) The Solicitor will render an account to the Client at the end of each month and fees and disbursements in an account are payable by the Client to the Solicitor within 28 days
(c) Non-payment of fees within 28 days of submission of a bill entitles the Solicitor to terminate the retainer with immediate effect
(d) The Client confirms that he or she is capable of adding together the totals of the bills rendered monthly and that the grand total of the bills rendered monthly will show the total Costs incurred to the date of the last bill rendered. If any Costs are incurred in addition to bills rendered monthly e g for Court fees or Counsel’s fees, the Solicitor will inform the Client
(e) If the Client is successful the opponent will probably not have to pay all of the Clients costs. The rates permitted by the Court on a bill payable by an opponent is seldom as high as the rates that are applicable between the Solicitor and the Client. The Client is responsible to the Solicitor for any balance
7. Website and Internet :-
(a) This website belongs to and is controlled by M J Elsdon
(b) Site usage is monitored and M J Elsdon reserves the absolute right to prevent any person company body or other organisation whatsoever from accessing this website or to refuse or terminate registration to the website or any part of the website should these terms and conditions of use be breached. Any such user shall be notified and must not then attempt to use this website under any other name or through any other user
(c) Prior to using this website, or any linked website, or using any information provided by M J Elsdon in any way, all Clients must agree to be bound by these Terms and Conditions
(d) By confirming Question 1. in the Virtual Office sections of this website all Clients confirm their agreement to be bound by these Terms and Conditions
(e) It is the responsibility of Clients to download and print a copy of these Terms and Conditions on acceptance thereof
(f) In addition to the Agreement created by Clients accepting these Terms and Conditions Clients agree to download print and sign a copy of these Terms and Conditions and send the signed copy to M J Elsdon within one month of the commencement of this Agreement
(g) The Client acknowledges that internet communications are not secure and any information provided electronically is on that understanding and at the Client’s sole risk and the Client indemnifies M J Elsdon against any loss arising therefrom
(h) The information contained in this website is given without responsibility on the part of M J Elsdon or their employees. The information is believed to be correct but the accuracy is not guaranteed and it does not obviate the need to make appropriate searches enquiries and inspections
(i) M J Elsdon makes no representation or warranty in respect of the accuracy of any information contained on this website and expressly disclaims any obligation to remedy any inaccurate information
(j) M J Elsdon shall have no liability or responsibility for any errors or omissions in the content of this website
(k) Transmission of information over the internet may be subject to arbitrary delays beyond M J Elsdon’s control which may delay the provision of our services or compliance with a Client’s requirements. The Client acknowledges that M J Elsdon shall be not be liable to a Client or any other party for any losses arising from such delay
(l) In no event will M J Elsdon be liable for any consequential loss including but not limited to special incidental, direct or indirect damages resulting from delay or loss of use of our internet services. M J Elsdon are not responsible for any damage to any computer, software, modem, telephone or other property resulting from use of our services
(m) M J Elsdon will not be liable to a Client or any other party for any loss or damage, direct, indirect or consequential, arising from
(i) any inaccuracy or incompleteness in, or delays, interruptions, errors or omissions in the delivery of the information supplied through this internet site or(n) No-one using this website must use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way
(ii) any decision made or action taken by a Client or any other party in reliance upon the information
(o) No-one using this website must use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this website, or to search, copy, monitor, display or obtain links to any part of this website
(p) Obtaining access to any part of M J Elsdon’s system or this website by means of any such automated programs is strictly unauthorised
(q) No-one using this website must make or attempt to make any deletions or additions (save where completing any form supplied by M J Elsdon) or notifications, adjustments or alterations to any of the data or information or the systems or the databases contained or connected in any other way related to this website
(r) If a Client is unsure whether their proposed use of the information infringes these rights the Client should contact M J Elsdon by e-mail
(s) This website may contain links to other websites that do not belong to M J Elsdon
(t) M J Elsdon shall have no responsibility or liability in any way whatsoever for the content of any linked or other website or for the consequences of its use
(u) M J Elsdon gives no assurances that information obtained from this website or any other website linked connected or associated in any way will be supplied virus free
(v) M J Elsdon hereby expressly excludes all liabilities in respect of inaccurate or incomplete information in this website or any other website linked connected or associated in any way howsoever arising including (without limitation) those arising as a result of inaccuracies in the information provided to M J Elsdon by any person company body or other organisation whatsoever
(w) M J Elsdon are not responsible for the content or reliability of any linked web sites. M J Elsdon do not necessarily endorse the views expressed in them. M J Elsdon cannot guarantee that these links will function all of the time and M J Elsdon have no control over the availability of the linked pages
(x) M J Elsdon reserve the right to make changes to our website, policies, and these Terms and Conditions of at any time. The Client will be subject to the Terms and Conditions in force at the time that the Client uses the website or that the Client uses our services, unless any change to these Terms and Conditions is required to be made by law (in which case it will apply to use previously made by the Client)
(y) Clients agree that M J Elsdon may contact them by e-mail for all purposes
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