1 Management of Your File

1 Management of Your File


TERMS
AND
CONDITIONS
Horizon Law Limited
12 Market Place
Hatfield
Herts
AL10 OLN

Tel. No. 01707 272821
Fax No. 01707 278468

1 Management of your file

Your matter will be managed by the fee earner shown at Appendix 1 of these Terms and Conditions together with details of his or her team as specified. You will be kept advised of any other staff members who may assist in your matter from time to time.

2 Charges

Our charges are calculated either by reference to an hourly rate and where possible with an early estimate of the likely time your matter may take to complete or alternatively based on a negotiated fee. The fee structure for your matter together with associated additional fees and disbursements is set out on the Schedule of Charges contained in Appendix 2A to these Terms and Conditions.

3 Payment on account of costs

We will from time to time request payments generally on account of costs and disbursements, to be used to pay the invoices that we will send to you. We will let you have full details of how the money has been used. If a requested payment or invoice is not paid and we decline to act any further, the full value of the work done to that date will be charged to you. If you terminate your instructions to us, we are entitled to keep your papers and documents while money is owed to us. If we have to stop acting for you, we will give you as much notice of our decision as the circumstances permit.

4 Disbursements and other fees

In additional to the principal legal costs for the main scope of the retainer there will be chargeable in addition disbursements (expenses that we pay to other people on your behalf) and other fees connected with our work on your behalf as detailed on the accompanying Schedule of Charges.

5 Payment Terms

Our bills are due for payment on receipt. We reserve the right to suspend further work until payment is received. If a bill remains unpaid for 30 days after the date of the bill, we are entitled to charge interest on the outstanding amount. We will also be entitled to retain documents and papers belonging to you, together with our own papers relating to the case, until all sums outstanding to us are paid. You will be sent statements and reminder letters in respect of all unpaid bills which are older than 21 days. If you have an objection to the amount of any bill issued to you in respect of this firm’s fees this will be dealt with in accordance with our complaints procedure (see clause 15). Any such objection must be raised with us within one month of the bill being delivered to you. .

6 Professional Indemnity Insurance (PII) Cover

As Licensed Conveyancers we are strictly regulated by our governing body, the Council for Licensed Conveyancers. We are required to maintain for your protection PII Cover. The current level of PII Cover carried by the practice is Two Million Pounds per any one claim and in agreeing to our Terms and Conditions you are agreeing to limit any claim or potential claim you may have against the firm to a maximum of Two Million Pounds per any one insurable event. If you require information concerning the PII Cover maintained by this practice requests should be made in writing or by e-mail to , Steve Zavros,director.

If you make a valid claim against us for a loss arising out of work for which we are legally responsible, and we are unable to meet our liability in full ,you may be entitled to claim from the Compensation Fund administered by the Council for Licensed Conveyancers (from whom details can be obtained)

7 VAT

Fees rendered by us for our professional services under these Terms and Conditions are subject to VAT charged at the standard rate of 20%. In addition certain disbursements and incidental fees all of which are detailed in the accompanying Schedule of Charges may be subject to VAT as indicated, are inclusive of VAT or zero rated as appropriate.

8 Interest

We do not propose to open any special deposit account or to account to you for any interest that accrues or ought to accrue on money received from you or on your behalf. In accepting these terms of engagement, you agree to this arrangement.

9Insurance Mediation

We are 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, arranging and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Council for Licensed Conveyancers. The register can be accessed via the Financial Services Authority website at

The Council for Licensed Conveyancers is a designated professional body for the purposes of the Financial Services and Markets Act 2000.

10 Identification

We are required by the Money Laundering Regulations to comply with strict procedures as to the checking and recording of clients' identity. We have to see original photo ID and proof of address verifying every client's identity and we refer you to Appendix 4 of these Terms and Conditions which set out permissible forms of authentication that we will require.

In order to confirm your identity and the identity of other persons relevant to this matter we will carry out a check using the services of “CallCredit Direct” or such other Due Diligence search Company. By signing these terms of business you agree to pay our £20 fee or such other fee for each search we consider to be reasonably required to meet our obligations. The fees for the searches undertaken will be charged in any event. We will search individuals and Company clients.Please note that we cannot proceed in this matter until these checks have been completed.

Please note that we also need to verify the identity of any beneficial owner which usually means any person with 25% or more interest in any matter e.g. 25% interest in a company or in a trust or estate, 25% interest in the property and/or is able to exercise control over the transaction.

11 Confidentiality

Licensed Conveyancers are under a professional and legal obligation to keep the affairs of the client confidential. This obligation is subject to a statutory exception: recent legislation on Money Laundering and Terrorist Financing has placed Licensed Conveyancers under a legal duty in certain circumstances to disclose information to the Serious and Organised Crime Agency. Where a Licensed Conveyancer knows or suspects that a matter on behalf of a client involves money laundering the Licensed Conveyancer may be required to make a Money Laundering Disclosure, if this happens we are not permitted to inform you that such a disclosure has been made or the reasons for it.

Appendix 3 of these Terms and Conditions provide a separate explanatory note as to the nature of compliance provisions pursuant to the Proceeds of Crime Act 2002 .

12Service Standard

12.1 Our commitment to you

As your nominated Licensed Conveyancers we will endeavour to adhere to the following during the continuance of your retainer:-

● keep you regularly informed of progress;

● communicate in plain language;

● explain the legal work that may be required and scope of retainer;

● advise you regularly of any changes in costs, fees and disbursements;

● discuss with you your requirements over timing and time estimates to complete the work;

●to regularly review your matter and to report at appropriate intervals;

12.2 Equality and diversity

This firm is committed to promoting equality and diversity in all of its dealings with clients, third parties and employees, and is required to produce a written equality and diversity policy. Please contact us if you would like us to send you a copy of that equality and diversity policy.

13Conflicts of Interest

We take conflict issues seriously. We have procedures in place to ensure that conflict checks are carried out on every matter as soon as practicable so that, if an issue arises, it can be discussed with you and dealt with as quickly as possible. Our conflict procedures aid us in fulfilling our professional obligations not to act for one client in a matter where there is an actual (or potential) risk of a conflict with the interests of another client for whom we are already acting. If we are asked to act for another client in the same matter we will inform you in writing and subject to your consent each client will be represented by different fee earners.

If at any time you become aware of an actual or potential conflict of interest, please raise it with us immediately.

In accordance with our professional duties, we will always seek to resolve any conflict issues in the most advantageous way to the clients concerned.

14 Remittance of funds

14.1 Inbound payments

You may pay money to us in any of the following ways:

  • By cheque or bankers draft payable to “Horizon Law Limited” (such payment will take up to 5 business days to clear and we will not be able to draw on the funds until clearance is confirmed)
  • Bank Transfer either by Bank Automated Clearance System (BACS) which may take up to four working days to be credited to our clients account or by CHAPS (Clearing House Automated Payment System) which will normally show in our clients account on the same day if ordered before 2pm. Please see our bank account details below.

Please note that no money can be drawn from our clients account until monies paid into that account are cleared and you should therefore allow sufficient time when making payment if your matter is subject to a time critical date.

Under no circumstances must you pay a cheque or banker’s draft directly into our account without the approval of a director of this firm.

14.2 Cash Payments Policy

The firm's policy with regard to the Money Laundering Regulations is not to accept cash payments in excess of £500. Under no circumstances should you pay any cash whatsoever into this firm's account without the prior approval of a director of this firm.

14.3 Outbound payments

Where funds are required to be remitted to you we will ordinarily ask for bank account coordinates for you and will arrange to remit those funds by CHAPS to you for which we charge an administrative fee of £30.00 plus VAT. We can also arrange payment by cheque. We will require written authority from the clients and an explanation of any requirement to pay monies into an account or sole name where we have received joint instructions on a matter.

15Complaints

We are committed to providing a high quality legal service to all our clients. When something goes wrong we need you to tell us about it. This will help us improve our standards. Any complaint you have should be addressed to the fee earner handling your matter whose name appears in Appendix 1 who will in turn refer your matter to our Complaints officer, Mr Guy Wheatcroft. If you have an objection to the amount of any bill issued to you in respect of this firm’s fees this will also be dealt with in accordance with our complaints procedure. Any such objection must be raised with us within one month of the bill being delivered to you.

If you are not satisfied with the outcome of the complaint procedure you can contact

the legal ombudsman to ask them to consider the complaint further.

Tel No: 0121 503 2930

Email : or

Website:

Legal Ombudsman

PO Box 6806

Wolverhampton

WV1 9WJ

Unless it agrees there are good reasons not to do so, the Legal Ombudsman will expect you in the first instance to allow us to consider and respond to your complaint in accordance with the procedure set out above. You can refer your complaint to the Legal Ombudsman up to 6 months after you have received our final written response to your complaint (or within 6 months after you have discovered a problem, whichever is later). You can also refer your complaint to the Legal Ombudsman if we have not resolved your complaint within 8 weeks after we received it. The Legal ombudsman deals with service related complaints only; it will refer any conduct-related complaints it received to the Council for Licensed Conveyancers

16Your name and address

Please note that if you move or change your address without letting us know letters will be sent to your last known name and address and will be effective even if they do not reach you. We would ask that in all cases of changes of address or name you please provide us with updated information as soon as possible so that our records remain accurate at all times in compliance with our professional obligations.

17Data Protection Act

This firm is registered under the Data Protection Act 1998 and stores data both in paper and electronic form relevant to your details and your matter. We may from time to time use this data for the purpose of contacting you in relation to changes in the Law, general updates, promotional or marketing activities. We will act in compliance with our own regulatory authority the CLC and within the terms of the Data Protection Act in the handling of your personal or corporate information. Please be aware that the CLC may inspect your file as part of a routine inspection of this firm.

18 Storage of files

After completion of the matter, we will archive your file of papers (except for any papers which you require and collect from us) for a period of eight years( fifteen years in the case of purchase files) in secure off site storage with our current Data Management Company. In the case of files or papers relating to Wills or the administration of estates these files of papers will be held for a period of 20 years.

At the expiration of these periods our external Data Management Company will be instructed by us to destroy the file. During the storage period the files will be available for recall upon request. In the event of your requiring us to retrieve your file we will charge a fee of £50 plus VAT per request to cover the data handling charges connected with such retrieval. The matter file will have been separately barcoded and data logged by our external Data Management Company and information is regularly supplied to us for internal purposes and monitoring.

Electronic data stored on our server can be retrieved and sent to you upon request but we will make a charge of £20 plus VAT in respect of handling and providing such data and information which will be sent to you in the appropriate medium depending on size and volume of the items requested.

19Original documentation

If you wish us to hold original completed documentation at the end of your matter such as original property documents, your Will or private client documents, we will make a charge for doing so, based on the charge to us from the storage company. Whilst every effort will be made to ensure that your original deeds and documents are kept securely in a clearly identified storage system we cannot accept liability for any damage or destruction caused by matters beyond our control and we recommend that in matters where original documents are retained by us that you keep safely copies of any such documents as a backup.

20Duration of Instructions

You may bring instructions to an end at any time. We may also bring instructions to an end for a good reason and on reasonable notice being given. If instructions are terminated you will be liable only for fees arising and payments made or committed up to the date of termination of the instructions, together with any fees or payment for work necessary in connection with the transfer of the matter to another adviser. If this happens, we shall charge for work done in accordance with the hourly rate prevailing at the relevant time. VAT will be charged as applicable.

Acknowledge of Terms and Conditions

I/we acknowledge receipt of these Terms and Conditions and confirm my/our acceptance of them and confirm that I/wehave read the Terms and Conditions in conjunction with the Appendices attached.

Signed………………………………… Name Date …………………………..

Signed………………………………… Name Date …………………………..

I attach the following:-

  • Original Passport or Photo-card Driving Licence.
  • Original Household Utility Bill/ Bank Statement dated within the last three months.
  • One copy of the Terms and Conditions signed and dated.
  • Sales Questionnaire completed, signed and dated.
  • A cheque for £.