Indicative Terms & Instructions

Please note that these terms of business may not be identical to those that accompany a specific client’s Letter of Engagement and should be regarded as a guideline only

These Terms, together with our engagement letter, set out the basis on which we will provide our services, and they should be read together. In the event of any inconsistency between the letter and these Terms, the former shall prevail. The Terms will apply to all services rendered by us to you from time to time unless we have entered into a specific written agreement which expressly excludes or modifies them in whole or in part

Hudgell & Partners will require proof of both your identification and your address.  The proof must be delivered to our offices within 14 days of you signing our Terms of Instruction.  The documents must be originals.  We will require one document from Section A and one document from Section B.  If the documents are posted to us we will return them to you by Recorded Delivery.  These documents will be scanned and stored on our computer system.

Section A

  • Original current valid Passport
  • Original photo Driving Licence

Section B

  • Original Bank Statement less than 3 months old
  • Original Council Tax Invoice for the current Council Tax Year
  • Original utility bill (not mobile phone) less than 3 months old
  • Water Rate demand
  • Rent Book
  • Pension Book
  • Mortgage Statement
  • National ID card

Level of Service

We aim to respond to phone calls from you received before 3pm by phone or email on the same day unless the person dealing with your file is not in the office then the call will be returned the following day).  We will respond to letters or emails from you by letter phone or email within 3 working days of receipt.

Our responsibilities

We will keep a paper file of your papers and store any valuable documents in our strong room (for which we make a small charge).  We will bank cheques sent to us on the same day unless received after 2 p.m. where they will be banked the next day.  When we charge by the hour will give you costs updates every six months.  We will record in our diary and notify you of all critical dates and help you to comply with them.

Your responsibilities

You must return to us documents sent by us to you for signing by you within the timescale we have requested.  You must pay to us monies on account as cleared funds within the timescale requested by us.  You must give us within the timescale requested the documents instructions and information that we have requested from you.

Financial Services

We are not authorised under the Financial Services and Markets Act 2000 but we are able, in certain circumstances, to offer a limited range of investment services to the client because we are regulated by the Solicitors Regulation Authority. We can provide these investment services if they are an incidental part of the professional services we have been engaged to provide.

If you have any problem with the service we have provided for you then please let us know. We will try to resolve any problem quickly and operate an internal complaints handling system to help us to resolve the problem between ourselves. If for any reason we are unable to resolve the problem between us, then we are regulated by the Solicitors Regulation Authority and complaints and redress mechanisms are provided through the Solicitors Regulation Authority and the Legal Complaints Service.

This firm is not authorised by the Financial Services Authority.  However, we are included on the register maintained by the Financial Services Authority so that we can carry on insurance mediation activity, which is broadly the advising on selling and administration of insurance contracts.  This part of our business including arrangements for complaints or redress if something goes wrong is regulated by the Solicitors Regulation Authority.  The register can be accessed via the Financial Services Authority website at www.fsa.gov.uk/register.

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 function.  The Solicitors 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

Money

Pursuant to Money Laundering Regulations introduced by the Proceeds of Crime Act 2002, we cannot accept any payment of cash into our account of more than £5,000.00.  Neither can we accept any payment from the account of another person without our consent.  If such payments are received, we will report them to the Serious Organised Crime Agency and may return the monies.

Bank

The firm is not liable to repay money lost through a banking failure.

Fees

The estimated fees my firm will charge are set out on the attached letter.  Should the transaction abort, then my firm’s charges for that transaction will be such sum as is reasonable, having regard to the amount of work done by that stage of the transaction unless we have previous agreed to limit those charges. Interest may be charged on any unpaid invoice.

Identification

We are required by the Money Laundering Regulations 2007 to obtain identification evidence from you.  We require this evidence in its original form to be delivered to us within two weeks of you signing this form.  Please see the attached sheet for acceptable forms of original identification documents.

File

We will keep a paper file for you during this transaction.  This file will be kept by us for a period of one month after we have closed your case.  By signing this instruction you are authorising us once the matter has finished to scan your file onto our computer system and to destroy the original file.  Should you request a copy of your file after the paper file has been destroyed it will be presented to you in an electronic format. 

Documents

We may be willing to store documents for you in our Strong Room subject to availability of space and on payment of a fee.

Tax

Please note that we do not give advice on VAT, capital gains tax or income tax and you should obtain such advice from an accountant.

Service

We fully expect our service to be of our normally high standard.  If, however, you are at all unhappy with our service or our Invoice we request that you write to Nicholas Hart in this office who is our Complaints Handling Partner. Our complaints procedure is available on request. If our complaints procedure does not resolve your complaint within 8 weeks you can complain to the Legal Ombudsman PO Box 6806 Wolverhampton WV1 9WJ (Tel: 0300 555 0333)There may also be a right to apply to the court for assessment of our bill under Part III of the Solicitors Act 1974.

Retainer

If you instruct us to carry out any additional work we reserve the right to make an additional charge.  Our bill must be paid prior to completion of the transaction.

Insurance

A copy of our professional indemnity insurance policy is available for inspection at our offices.

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