Information

In order to comply with the Solicitors Code of Conduct 2007 (as amended) there are certain matters Solicitors are required to inform and confirm with Clients formally as soon as reasonably possible and these are as follows (plural words include singular and vice versa) :

1. Objectives
The Clients objectives in relation to the work to be done for them are to complete the transaction(s) in their quote request at the price(s) mentioned in their quote request. The Clients objectives are their instructions

2. Issues
The issues involved are to complete the above-mentioned transaction(s) in accordance with the Clients instructions

3. Next steps
The next steps to be taken are for the Clients to confirm via our website or otherwise by e-mail that they agree the contents of this formal notification and the Terms shown below (or to download and print and forward Chevron Conveyancing a signed copy of them) which will constitute in part authority to proceed. We will then be able to proceed with the Clients instructions on their behalf

4. The firm’s responsibilities
The firm’s responsibilities are to carry out the Clients instructions in an efficient and confidential manner and endeavour to obtain for the Clients the objectives they require and to act in their best interests. The work we will be doing is to obtain for the Clients the objectives they require

5. The Clients responsibilities
The Clients responsibilities are to keep us informed and to comply with the requirements contained in the Terms shown below

6. Limitations
There are no limitations or conditions resulting from our relationship with a third party (for example a funder, fee sharer or introducer) which affect the steps we can take on the Clients behalf

7. Information about the timescale
The anticipated time for Completion is 6 - 8 weeks. How quickly matters will proceed will depend on the Clients instructions as to whether they wish to proceed as quickly as possible or to proceed normally or at a more moderate pace. The speed of progress will also depend on how quickly other parties involved deal with the work that they have to do

8. Basis and terms of the firm’s charges
These are dealt with in our free instant quote and in the Terms shown below. There may be other disbursements but until the initial documentation is received this cannot be known. Any other disbursements are not likely to be a great amount

9. Sharing fees with a charity
This firm has not agreed to share its fees with a charity

10. Commissions
Commission received over £20 will be paid to the Clients (unless having been told the amount, or if the precise amount is not known, an approximate amount or how the amount is to be calculated, they have agreed that the firm may keep it)

11. Consent
Instructing Chevron via the Chevron website or otherwise by e-mail signifies that the Clients understand and agree the Terms shown below
If Clients would prefer that we write to them with a copy of these Terms for signature and return they will please let us know immediately

12. General
Chevron Conveyancing is the online Conveyancing Department of M J Elsdon Solicitors
Principal : Michael Elsdon. Solicitor of England and Wales
Regulated by the Solicitors Regulation Authority No 132784
Michael John Elsdon, Solicitor, will be solely responsible for the case
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
The Practice addresses registered with The Law Society are 63 Yarmouth Road North Walsham Norwich NR28 9AU and 4 Eastacombe Rise Heanton Barnstaple EX31 4DG
Contact details for telephone are 01692 403562 and 01271 817661, for fax 01692 405401 and 01271 817662 and for e-mail info@chevronconveyancing.co.uk

The Practice was commenced by Mr Elsdon in 1988 and has been run by him from that time
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”

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

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.

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 Error! Hyperlink reference not valid

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

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

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

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

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

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

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
Pre-contract searches reveal local land charges, roads and planning matters, water and drainage, environmental matters and occasionally common land and mining excavations

Final searches reveal land registry entries, central land charges and bankruptcy and insolvency charges and company matters

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

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.

Terms of Business of M J Elsdon Solicitors

The Terms are intended to try to cater for all eventualities

1. General :-
(a) The term “the Solicitor” includes M J Elsdon his partners and successors whether corporate or incorporate
(b) 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
(c) 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
(d) 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
(e) 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
(f) 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
(g) The Solicitor does not give tax advice unless specifically instructed
(h) In all cases funds in Client Account may be utilised for payment of Costs as appropriate
(i) 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
(j) 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
(k) The Solicitor is not to pay Client’s disbursements until receipt of cleared funds from the Client equal to the amount of such disbursements
(l) 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.
(m) 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
(n) 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
(o) 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
(p) 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
(q) 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

2. Conveyancing transactions :-
(a) Search fees are required early in the transaction and all other fees and disbursements before Completion
(b) There is no charge to Clients for work done for them on a first mortgage where there is a contemporaneous purchase. Fees for work done for a Lender are as indicated in the Lender’s mortgage offer or if none are indicated therein then fees for work done for a Lender 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. Examples of other events that may lead to an increase of fees include making searches where a Home Information Pack contains no searches or they are out of date or otherwise unacceptable, making environmental searches, making mining searches, dealing with new build purchases, dealing with property bought or sold at an auction or where there is a shared ownership (housing association) scheme or other shared equity scheme, contract races, dealing with a short term lease that requires an extension, dealing with property which has tenants or is to be let to tenants, work on statutory declarations, dealing with unregistered land, dealing with defective titles, dealing with complicated leases, dealing with complex legal titles, dealing with properties where deeds are incomplete or missing, arranging indemnity insurance, dealing with Undertakings, dealing with a Power of Attorney, acting on a mortgage redemption, acting for a mortgage lender on a purchase, work on Deeds of Postponement, work on Deeds of Consent, dealing with second and subsequent mortgages and other loans, work on Declarations of Trust where there are Tenants in Common, dealing with expedited completion, telegraphic transfers other than single transmission of funds to Sellers Solicitors on Completion, Stamp Duty Land Tax Return work, making copies of Title Deeds or Title Information Documents
(f) On a re-mortgage in the rare event that the names on the mortgage offer are different from the registered proprietors at the Land Registry a corrective Transfer Deed may be necessary. The minimum legal fees for this type of Transfer are 1 hour at the hourly rate plus VAT and disbursements. Land Registry fees should also be payable
(g) 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 1 hour at the hourly rate 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
(h) 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 24 minutes at the hourly rate plus VAT and disbursements
(i) 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. Additional work incurring fees relating to leasehold properties includes dealing with share certificates, obtaining lessor’s and other consents and retentions
(j) On a purchase of property H M Revenue & Customs stipulate that a Stamp Duty Land Tax Return must be made online and that payment of any Stamp Duty Land Tax must also be transmitted electronically. H M Revenue and Customs will impose a minimum fine of £100 for any delay they consider unreasonable. If the Client is purchasing without a mortgage the Client may prepare and submit a Stamp Duty Land Tax Return. Where the completion of a Stamp Duty Land Tax Return is required by agreeing these Terms the Client authorises the Solicitor to prepare and submit a Stamp Duty Land Tax Return electronically on the Clients behalf. The Solicitor’s fee for preparation and submission of the Tax Return is 18 minutes at the hourly rate plus VAT
(k) 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
(l) 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
(m) The standard provision in a Contract allows 20 working days from exchange of Contracts to Completion. If a Client wants to complete within half that time or less then in order to achieve this a Solicitor has to leave all other Clients work and concentrate on that particular Client’s case to make sure that Completion takes place on the day that Client requires. Therefore for Completions less than 10 working days from exchange of Contracts or notice of Completion there is an Expedited Completion fee of 3 minutes at the hourly rate plus VAT for each calendar day from the date 10 working days before Completion until Completion
(n) In a straightforward purchase transaction there should be only one telegraphic transfer which is when the funds are sent to the Sellers Solicitors on Completion and the fees for this telegraphic transfer are included in the instant quote price. If funds are required to be sent to other accounts by telegraphic transfer the Solicitor’s fees shall be a minimum of 9 minutes at the hourly rate plus VAT and disbursements and in addition to the telegraphic transfer charges made by the Solicitor’s bank

3. In non-contentious matters (those where Court proceedings have not been commenced) :-
(a) non-payment of fees within 30 days of written request entitles the Solicitor to terminate the retainer
(b) 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 (or any replacement provision if permitted) where a bill has been paid by way of deduction from monies received on account shall be one month

4. In all cases :-
(a) Fees are based on a charging rate of two hundred and fifty pounds an hour plus VAT (“the hourly rate”). 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
(b) The charging rate is reviewed in January and July of each year
(c) 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
(d) Fees for any file review are payable at the hourly rate
(e) 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 for 12 minutes at the hourly rate plus VAT
(f) 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 6 minutes at the hourly rate plus VAT and disbursements per annum 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

5. 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) The free instant quote section of this website enables all Clients to 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
(ii) any decision made or action taken by a Client or any other party in reliance upon the information
(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
(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

I confirm that I have read and agree these Terms of Business

Signed ...............................................

Dated ...............................................