MB Lawyers
Whether you are local to the areas of Puckeridge, Standon, Buntingford and Royston or from further afield, MB Lawyers will be by your side and on your side when you find yourself in need of legal services.
Whatever situation you may be faced with – from the stress of moving home to being owed money or having to resolve an employment issue – we understand how daunting it can feel.
Which is why we have developed an approach that is a little different to the norm. We are not just about client focus we are also about client care. This includes clear regular communication so you always know exactly what’s what. It also includes being proactive and forward-thinking. And we make a point of delivering this excellent service at a fair competitive and transparent price.
At MB Lawyers we take the worry out of your legal worries. It’s how we forge the long-term relationships that benefit us all.
TERMS OF BUSINESS
In cases involving financial and real property MB Lawyers is required by law under the Money Laundering Regulations 2007 and Proceeds of Crime Act 2002 amongst others to get satisfactory evidence of the identity of client(s) and sometimes of people related to them and of third parties.
Identifying the client
Anti-Money Laundering Obligations the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 as amended require solicitors to obtain satisfactory evidence of identity of their clients and sometimes people related to them.
Regulation 18 of the money laundering regulations requires firms to take steps to identify the risks of money laundering and terrorist financing that are relevant to it.
As part of the risk assessment, I must consider risk arising from:
– my clients (e.g. whether any of them are Politically Exposed Persons or family members or known close associates of Politically Exposed Persons)
– the countries or geographic areas I operate in (e.g. any country that may bring a risk of corruption or may be considered a high-risk third country)
– my products or services (e.g. whether you I am involved in conveyancing)
– transactions (e.g. are any of the transactions of a larger size)
. delivery channels. (e.g., online or without any face-to-face contact
This is because solicitors who deal with money and property on behalf of their client can be used by criminals wanting to launder money.
The laws require me to have strict checking procedures and if I am unable to obtain satisfactory information and/or I am unable to verify your identity then I am not permitted to proceed with the transaction, and I will not be able to continue to act for you.
Documentation Required to Prove Your Identity
Individual Clients
To comply with the law, if you are a new client, I will need to verify your identity before I start acting for you. To do this, you will need to personally attend my office, or we will meet so I can see some original documents to prove your name and address. If we are unable to meet in person for any reason, then please contact me.
Acceptable evidence to verify your identity are:
Proof of name — one of the following: › Current signed passport; › National ID card (non-UK residents); › Police/armed forces ID card; › Current UK/EEA photo card full driving licence; › Firearms or shotgun certificate.
Proof of address — two of the following; › Recent utility bill or statement (not more than three months old); › Original council tax bill (for current year); › Recent original bank or mortgage statement, received from the bank or mortgage company (not more than three months old); › House or motor insurance certificate (for a live policy); › Current UK/EEA photo card full driving license; › HMRC self-assessment letters or tax demand (dated within the current financial year).
Please note that I cannot accept the same document to prove both your name and address. They must be different documents e.g. one to prove your name and one to prove your address. If you cannot provide any of the above documents, please contact me.
Acting for an Estate
If you are an Executor or Administrator of an Estate and there is more than one Executor or Administrator, I will need to obtain evidence of the identity of at least two including yourself in order to proceed. The documents required for each are the same as for individuals.
Beneficiaries
If you are a Beneficiary of a Trust and there is more than one Beneficiary, then I will need to obtain evidence of the identity of all Beneficiaries The documents required for each are the same as for individuals.
Private Companies
If you are instructing me on behalf of a private company, as it is a legal entity in its own right, I will need to verify the existence of the Company and the following evidence of identity will be required: › Name, address and company number; › Address of registered office; › A copy of the certificate of incorporation; › Full names of directors and senior persons responsible for its operations; › Details of legal owners and beneficial owners.
I must also verify that you are authorised to act on the Company’s behalf and verify yours, the legal owners and the beneficial owners’ identity as I would for individuals.
Partnerships
If you are instructing me on behalf of a Partnership, I will need to obtain evidence of your identity and one other Partner together with satisfactory evidence of the trading address. If the Partnership is regulated, I will only need to confirm the Partnership’s existence and address from a professional directory.
For the avoidance of doubt this firm will not certify evidence of identity for anybody who is not a client
Please note that legislation on money laundering and terrorist financing has placed me under a legal duty in certain circumstances to disclose information to the National Crime Agency (NCA). Where I know or suspect a transaction on behalf of a client involves money laundering, I may be required to make a Money Laundering Disclosure to the NCA. If this happens, I may not be able to inform you that a disclosure has been made or the reasons for it. In the event of such a report being made, whether appropriate or not, I will not be held liable and in no circumstances will any compensation be paid.
If you have any connection to any of the countries listed below, I cannot act.
For the purpose of answering this question I am following the Office of Financial
Sanctions Implementation guidance and a client is to be regarded as \”connected.
with\” a country if the person is—
• an individual who is, or an association or combination of individuals who are,
ordinarily resident in that country,
• an individual who is, or an association or combination of individuals who are,
located in that country,
• a person, other than an individual, which is incorporated or constituted under
the law of that country, or
• a person, other than an individual, which is domiciled in that country.
[ ] Afghanistan
[ ] Armenia and Azerbaijan
[ ] Republic of Belarus
[ ] Bosnia and Herzegovina
[ ] Burundi
[ ] Central African Republic
[ ] Mainland China
[ ] Democratic People’s Republic of Korea (North Korea)
[ ] Democratic Republic of the Congo
[ ] Guinea
[ ] Republic of Guinea-Bissau
[ ] Haiti
[ ] Iran
[ ] Iraq
[ ] Lebanon
[ ] Libya
[ ] Mali
[ ] Myanmar (Burma)
[ ] Nicaragua
[ ] Russia, including internationally unrecognised territories such as Transnistria,
Luhansk or Donetsk
[ ] Somalia
[ ] South Sudan
[ ] Sudan
[ ] Syria
[ ] Venezuela
[ ] Yemen
[ ] Zimbabwe
[ ] None of the above
Are you a Politically Exposed Person (PEP)? If yes, I require full details as an enhanced due diligence check will be required.
A PEP is someone who holds or has held, within the last 12 months, a prominent public position.
In addition, family members and close associates of PEPs are also considered to pose a higher risk, so please advise asp if this applies to family or close associate of yours
The definition has been split into two categories:
Domestic PEPs: Individuals entrusted with prominent public functions in the UK.
Non-Domestic PEPs: Those holding similar positions outside the UK.
Mental Capacity
You must be able to understand and be able to make specific decisions at the time they need to be made. This is what is called mental capacity as defined under the Mental Capacity Act 2005. The aim and presumption are that you do have mental capacity until it is shown otherwise.
If you have any knowledge or concerns about this, you must let me know immediately.
If a person does not have mental capacity, then as a solicitor I may not be able to act for them or alliteratively I may only be able to act in certain circumstances usually with the permission of the court.
In some cases, to ensure I am acting in your best interests and to comply with my client care obligations under the vulnerable persons guidelines issued by the Law Society it may be sensible and or necessary write to your GP or a medical professional on this matter.
Again, acting in your best interests, I must be satisfied you understand what you are doing in connection with your matter.
Who will be responsible for the work on your matter?
I will be responsible for the work on your matter. I am a Solicitor and the Sole Owner /Practitioner of
M B Lawyers. I have been qualified for over 25 years. I will of course use all reasonable skill and care and will keep you updated on progress using plain language.
Your Privacy
To comply with GDPR regulation please advise if you DO Not agree with any of the following :
Yes { } I agree to be contacted by email.
Yes { } I agree to be contacted by post.
Yes { } I agree to be contacted by telephone.
Yes { } I agree to you liaising and providing details about me and my matter to the estate agent in my case.
Yes { } I agree to you liaising and providing details about me and my matter to my lender /building society.
Yes { } I agree to you liaising and providing details about me and my matter to the solicitors acting the other party in my matter.
Yes { } I agree to you liaising and providing details about me and my matter to any other relevant party.
You have a right to withdraw this consent at any time you wish.
You can with draw consent by emailing me at mboulter@mblawyers.co.uk or by writing to me at MB Lawyers.
You must tell me immediately of any new /relevant matters which come to light about your case and any change in your personal circumstances and personal details.
Please also refer to my Privacy Notice
Contact -When How and Whom?
My working hours are 9.30-5.30 Monday to Friday. I can be contacted by post only at 5 Old Mill Buildings Mill End Standon SG11 1LR / on telephone number 01763 449128 /by email at <mboulter@mblawyers.co.uk>. If I am not available when you contact me l will try to contact, you by the end of that working day or the next working day. I will aim to reply to letters within 3 working days. Please note meetings are STRICTLY BY APPOINTMENT ONLY.
What is the time frame for your matter to be concluded?
The aim is to progress and conclude your matter as quickly as possible and I will try and give you a realistic time estimate where I can. I will also do all I reasonably can to assist you in meeting any timeframes you have but timing may often depend on factors which are not within my control. Cases involving litigation are also often complex and lengthy.
How much will I charge?
Costs can mean various things but usually covers fees, disbursements, and VAT where applicable.
The majority of my work is conveyancing.
Generally, I will charge my fee according to a fixed fee which we will agree at the start of your matter. I generally charge a fixed fee for conveyancing and property matters.
Litigation costs especially however can be a complex matter. It is often difficult to know in advance how much work needs to be done in a case and exactly what the costs will be. There are often many unknown factors and each case is different. I will do my best to give you an accurate estimate of costs where I can, but this is not fixed unless specified. I will of course keep you advised of costs throughout the case at regular intervals and at least twice yearly.
Alternatively, I will charge according to the time I actually spend dealing with your matter using an hourly rate.
I will confirm how I am charging you in my initial engagement letter.
In calculating my time, I will include meetings with you and others, reading and working on papers, drafting, and preparing documents, instructing experts and travelling/waiting time.
In addition to the time spent I may take into account a number of other factors such as work outside normal office hours , the complexity of a case, any specialist requirements, and the speed at which things need to be done.
The basic hourly rate I will charge starts at £350.00 per hour. This is increased or discounted depending on the nature of the case and the above factors. This rate will be reviewed periodically every April. If a review is carried before the end of your matter, I will of course let you know of any changes.
Any standard letters, emails or calls not timed will be charged at 1/10 of the hourly rate. Any required copying is charged at 25p per copy.
As well as my fees I may have to pay out expenses on your behalf to third parties. These expenses are called disbursements. These are your responsibility and must be paid by you. Some disbursements are fixed for example for searches and documents. Others for example to experts may vary, be substantial and not known in advance. I will give you as much information on the disbursements applicable to you as possible.
Where VAT is payable on fees, disbursements, or any other amounts you will be charged and will pay this in addition. Please note at present I am not registered for VAT, and this is not payable on my fees. This gives you a saving. I will let you know when I become VAT registered.
You are legally bound to pay the costs in your case. The general rule is that with litigation once court proceedings have started it may be possible to get a costs order against you opponent. The courts are however increasingly keen to discourage litigation and promote early resolution of cases through mediation and dispute resolution where costs are not recoverable.
Defended litigation cases are also allocated to one of three procedures by the court which decides how the case is handled and the costs recoverable. Cases worth less than £10,000 are invariably allocated to small claims which means no costs are recoverable.
If your case is successful and the court does make your opponent responsible for payment of your costs theses still need to be agreed or assessed and then your opponent may still not have the money to pay. If any amount is recovered from your opponent for costs this is credited to you. Please note even if this does happen there is often a significant shortfall between the money recovered and your costs which is your responsibility.
Should your litigation case be unsuccessful or if the court orders it then you will be responsible for your opponent’s costs as well as your own costs .It is possible you have or you may take out legal expense insurance to cover this.
Throughout your matter I will look at and assess the likely risks of continuing with it compared to the likely benefit to be achieved particularly bearing costs in mind.
Depending on when a matter goes abortive, I will need to charge abortive fees and will discuss this with you at that time.
Leasehold Property Purchases
I will Not act on the purchases of leasehold property which is subject to the Building Safety Act.
Purchases involving a lender.
As I am a Sole Practitioner, I can act for the buyer but not but not the lender in a purchase where a buyer requires a mortgage. I have a contact Ian Anderson( Tel: 020 8446 5511 of Curwens Solicitors, 1A Friern Park London N12 9DE) who can act for the lender. He charges £480.00 plus VAT. This dual representation is not an issue for most lenders you just need to let the lender and or broker know.
Alternatively, the lender can instruct their own solicitor from their panel of solicitors, and the buyer will pay their fee.
On the purchase of leasehold property Curwens will only act if the property is Not subject to the Building Safety Act and generally on condition the sellers solicitors follow the Law Society code for completion
Referral fees
For some transactions I may pay a referral fee based on commercial considerations. The amount of any referral fee will be disclosed to you at the start of the transaction. To be clear, this referral fee is paid by me and not by you.
Payments on account
You may need to make a payment on account of the disbursements in your matter at the start. The payment if it applies will be detailed in my initial letter to you.
The payment will be credited to your individual ledger and will of course be accounted for on your final bill. To make the payment my bank details are:
Bank Name: NAT WEST
Bank Account Name: MB Lawyers Client Account
Sort Code: 602232
Account No: 71127895
Please include my reference and your full name when making the payment.
UNDER NO CIRCUMSTANCES SHOULD ANY MONEY BE SENT TO ME FROM ANYONE WHO IS NOT THE PERSON OR PERSONS INSTRUCTING ME. ANY SUCH MONEY WILL NOT BE ACCEPTED AND WILL RESULT IN DELAY
When will you have to pay?
Unless otherwise agreed I will send interim bills where applicable and as advised as your matter proceeds. You have 7 days from receipt to pay these. A final bill will be sent at the end of the matter again due and payable within 7 days of receipt. If the bills are not paid within time interest will be charged at 8% pa from the date when the payment was due until payment is made. If you are having difficulty paying my bill, please let me know.
Conflict of Interest
An actual or potential conflict of interest between you and another one of my clients or myself may arise during the course of your matter. If this happens, I will discuss this with you to decide on the right course of action. To protect your interests, it may be necessary to have to stop acting for you. If you are aware or become aware of any conflict, please let me know straight away.
Joint Instructions
When instructing me jointly with others the instructions of any one of you are the instructions of all of you. Each one of you instructs me as agent for the others. I act for you all jointly and not individually. If at some point in the matter your instructions differ from the other person or people you must let me know straight away to see if we can resolve this. I must disclose all information to everyone. If some ones instructions or interests differ from the others at any time they may need to seek independent legal advice.
Termination
You may end our instructions in your matter by giving reasonable notice in writing at any time.
I may end our instructions in your matter by giving reasonable notice in writing where a good reason exists. For example, if you do not provide me with instructions or information requested, or there is a conflict of interest, or you do not pay an interim bill or provide any requested payment on account. I may also end instructions if required by law. If appropriate I will apply to remove my name from any court record.
If either you or I decide that I will no longer act, you must pay my fees up to the date instructions are terminated. I will keep all your papers until my bill is paid. If my bill is not paid, I will claim a lien over all paperwork of whatever nature in connection with your matter.
Tax Advice
I am not a tax expert and cannot give you any tax and or financial advice.
Stamp Duty is generally payable on a property purchase. A form must be filled in to do this. I can fill this form in for you. My fee for this is £60.00 plus VAT. I attach a form called Stamp Duty Land Tax explaining things more fully and await your instructions. Even if Stamp Duty is not payable the SDLT form must be filled in.
Please note the changes to stamp duty i.e., the increased rate if you already have anywhere in the world another home and or are buying a second or additional home or a buy to let as explained in the attached Stamp Duty Land Tax sheet.
If you are not a UK resident, please note the impact on Stamp Duty and understand the increased costs to you. Let me know asap. The same applies if you are not buying as individual.
Please note the change to Stamp Duty from Spring 2025.
Changes in Stamp duty may also happen from time to time and at budgets in particular so please be aware of this and apply it to your circumstances.
You must be sure you can pay Stamp Duty in full whether or not the surcharge applies & all other costs and disbursements before you exchange contracts.
All Tax dealings with HMRC remain strictly a matter between you and HMRC. No liability whatsoever attaches to me individually or to MB Lawyers.
In purchase transactions even if I fill in and lodge the SDLT form and pay Stamp Duty I do so on your specific instructions having offered you No Tax advice and or No Trust advise and or NO financial advice and the legal liability for this remains strictly with you.
Your instructions are given to me on the basis that you have sought the necessary independent professional Tax and or Trust and or financial advice and or sought the advice of HMRC before giving me instructions to lodge the SDLT form on your behalf and to pay the Stamp Duty.
You can also go on to the gov.uk website to assist you.
Any work I do may involve tax implications or necessitate the consideration of Tax planning strategies and or Trust advise . I am not authorised or qualified to give any Tax advice or Trust advise or financial advice whatsoever.
You must seek independent expert Tax and or Trust advice and or financial advice before exchange of contracts if applicable . If you have any concerns about this, please let me know immediately.
You should seek Tax advice if necessary, on any relevant taxes including but not limited to Stamp Duty, Capital Gains Tax and Inheritance Tax.
You should be aware of any time limits applicable to payment of any taxes and the subsequent penalties which could be significant and onerous on you that may follow if time limits are missed.
Money
I am unable to accept any cash payments or any monies from oversees or from third party bank accounts.
I can only return or send money to a UK bank account in your name (s) or by a cheque payable to you.
As a Sole Practitioner, I cannot act for any lender, but I can act for you. The lender will need to instruct their own solicitor and agree to this dual representation.
If you are providing some or all the money for the purchase of a property, I must have evidence of the location and source of these funds.
I need bank statements showing a 6-month audit trail at the very least.
I need to know where it’s come from i.e. salary ,savings, investments, pensions, sale of shares, inheritance etc.
Examples of evidence of source of funds include:
Bank or investment accounts statements.
Payslips from your employer(s)
P60 form if employed, or tax return if self-employed.
Dividends statement, if you\’ve received dividends from a UK company, along with personal and company statements showing payment and receipt
Pension statement, if you receive a pension, along with bank statements for proof of receipt.
Completion statement, if the funds have come from the sale of an asset, along with bank statements showing receipt of proceeds
Inheritance statement from executors of an estate, if the funds have come from an estate distribution, along with bank statements showing receipt
Compensation confirmation from a solicitor, if you\’ve received compensation through a legal settlement, along with bank statements showing receipt
Gift letters.
If the bank account being operated is an internet-only based account, I will require computer printouts of bank statements.
If the money in question is from the sale of investments, I will also require evidence of this. If the monies are savings accumulated, I will require bank statements showing the accumulation of these funds.
If any money is coming to you from a third party, they may need to get independent legal advice.
If monies are being provided by a third party i.e., not you, I require evidence of the source of funds from the third party as well as their identification on the same basis as set out above i.e., original identification together with original bank statements and supporting documentation.
If the money is gifted to you, we will need a Deed of Gift and Insolvency and or an Insolvency Indemnity policy.
If the money is coming from any kind of crypto currency, you must advise me and provide evidence.
As to funds my policy is that the money should come to me from your UK bank account, and it should be the same account that you have provided the proof and source of funds.
You must also confirm the money is freely available to you, you are solvent, you have sufficient funds and are able to purchase the property freely with the funds.
.
Professional Indemnity Insurance and General Regulation
I am a solicitor authorised and regulated by the Solicitors Regulation Authority. I am required by the SRA to have professional indemnity insurance in place. This insurance cover will insure you for the work carried out on your behalf. I am covered up to £2 million. A copy of my insurance policy is available on request and for inspection by you.
Exclusions and Limitations on Liability
My liability in contract or tort or under statute or otherwise for any loss or damage suffered by you arising from or in connection with your matter and or service provided by me howsoever the loss or damage is caused including my negligence shall be limited in all circumstances to a maximum sum of £2 million. I shall have no liability in contract tort or under statute or otherwise for any loss of profit loss of business loss of goodwill failure to achieve anticipated savings or for any indirect or consequential loss.
IT Maintenance
This is undertaken by a third-party contractor who may have access to your confidential information during the course of general IT maintenance. By instructing me you agree to this disclosure.
Financial Services Authority
I am not authorised under the Financial Services Authority or under and Financial Services Legislation. I give NO financial ,Tax and Trust advice.
Client Confidentiality and Auditing
All information you give to me is treated as confidential and will not be released to a third party without your authority unless required by law.
You consent, unless I am told in writing otherwise, to your file being externally audited on a random basis by my accountant and or other party and to me disclosing for purposes of publicity or otherwise to third parties that I have provided services to you and the general nature of the matter.
Storage Disclosure and Retention of Documents
I have a file retention policy. Factors considered include the risk of a claim from a particular matter type, the potential size of a claim on a particular matter, the limitation period that might apply and my obligations under the SRA Code of Conduct.
Unless otherwise notified papers are retained Files are retained for six years for litigation, 12 years for property purchases, 6 years for property sales and until the age of 21 for matters involving a minor. After your matter is finished and destroyed automatically thereafter. I keep the originals of the papers you give me and provide copies on request, subject to an administration of £30 and a copying fee of 25p per document. Documents can be stored both electronically and in hard form. As a result, you transfer to me all rights of ownership that you have in letters and documents that I receive. I retain the copyright to any document created by me and may use this in the future subject to law and compliance with all regulations.
I may use external storage facilities and or external storage providers to store the files and documents. It may therefore take some time to retrieve documents, and I will advise you accordingly.
Data Protection Act
By instructing me you give consent to me holding and processing personal data for all lawful purposes in accordance with data protection principles.
Privacy Policy/Notice
Please see the attached Privacy Notice to comply with GDPR since May 2018
Cyber Risks
Cyber fraud and cybercrime are on the increase. Fraudsters actively target clients and firms. Using public Wi-Fi for email and social media may make you more vulnerable. To protect you I will not advise of new bank account details by email. I will ignore any email from you changing instructions without formal verification of instruction changes.
Please be advised that if you don’t provide bank details face to face then I will use royal mail and telephone to verify the details.
Please be aware that faster online bank payments are not as secure or as easy to recall as CHAPS payments.
Please note this risk of fraud.
The Risks of Email Communication
Email carries some inherent risks, namely potential lack of security and lack of authenticity. Further, where a sender and recipient use different internet service providers, there can be no guarantee of prompt transmission and incompatibility may also create delivery problems. Notwithstanding these potential problems, the vast majority of email communication is secure and prompt, but I am nevertheless required to advise you of these potential risks. If you request us to communicate by email or you send us an email, you will be deemed to have accepted the inherent risks in email communication, and we shall have no liability for any losses arising from such risks. If you wish for me to email all documents to you using password protection, then please tell me us as soon as possible.
Governing Law and Jurisdiction
The terms of our engagement shall be governed by and construed in accordance with the law of England and Wales. Any dispute shall be subject to the exclusive jurisdiction of the English courts.
Equality and Diversity
Under Rule 6.03 of the SRA Code of Conduct I confirm I have and operate a policy of equality and diversity. My policy is available on request.
Other Documents
These Terms of Business and any documents provided in your initial letter/email set out the full terms of the contract between us.
Clients’ Money and Interest
In accordance with the Solicitors Account Rules, it is my policy to account to my clients, on a fair and reasonable basis, for a sum in lieu of interest in respect of client monies held by me.
I am required by the Solicitors Account Rules to hold such client money for the purpose for which it has been provided, and it is therefore necessary for it to be held in an instant access account. For this reason, any interest that will be paid on the funds held, when appropriate, is unlikely to be as high as that obtainable by a client depositing the funds themselves.\
\
In particular:\
1. Client monies will normally be held in general client bank account in which monies for different matters and clients are pooled.\
2. A sum in lieu of interest may be payable on amounts held in general client bank accounts on the following basis:\
2.1. Interest will be calculated from the date that the money has been cleared in my bank account and is regarded by the bank as cleared funds. Simple interest will then be paid, or credited, when the monies are paid out for the purposes for which they were required.\
2.2. Interest paid will be based upon the rate of interest payable by the Nat West Bank on the relevant amount .\
2.3. In normal circumstances, if the total amount of interest calculated is less than £100.00, no interest will be paid or credited to the client, as my administrative charges would exceed this amount.\
3. Client monies will normally be held in an instant access bank account to facilitate transactions. I do not operate separate individual accounts.
I will not be responsible for any losses resulting from the insolvency of any bank where I deposit client funds. The FSCS is the UK’s statutory compensation scheme for customers of financial services firms (banks, building societies, etc.). The FSCS can pay compensation (up to £85,000) to consumers if a company is unable, or likely to be unable, to pay claims against it. The £85,000 FSCS limit applies to the total sum of personal monies held by an individual in any one deposit-taking institution. This would include your monies held in my client account on your behalf. Some deposit-taking institutions have several brands, i.e. where the same institution is trading under different names, so you should check with your deposit-taking institution, the FCA or a financial adviser for more information. I will seek your consent for the disclosure to FSC.
Client Satisfaction
I want to give you the best possible service. However, if at any point you become unhappy or concerned about the service I have provided to you then you should inform me immediately by telephone email or post so that I can do my best to resolve the problem for you in the first instance.
If you would like to make a formal complaint then you can access my full complaints procedure by emailing me at <mboulter@mblawyers.co.uk> or writing to me at the address at the top of this letter
If the issue is not sorted as per the complaints procedure you may contact Michael Casson of Rainer Hughes Solicitors who is my Complaints Supervisor by post at Oak House 46 Crossways Shenfield Essex CM15 8QY and he will work with you to sort out the issues in connection with the provision of my services.
If we are unable to resolve the complaint with you then you can have the complaint independently looked at by the Legal Ombudsman. The Legal Ombudsman investigates problems about poor service from lawyers.
They can only investigate a complaint once I have had the chance to investigate it and respond. This means you need to make a formal complaint to me first.
You can find further information the legal ombudsman website about how to complain to a service provider, including a template complaint letter.
If you have already complained to the service provider and have not received a satisfactory response, then they might be able to help.
The easiest way to check if they can help you is to use the complaint checker tool on their website. Alternatively, you can send us a completed complaint form, which is available to download from the website.
Time limits to be aware of
A complainant can use the Legal Ombudsman if:
a\) the complaint has not been resolved to the complainant’s satisfaction within eight weeks of being made to the authorised person; or
b\) an ombudsman considers that there are exceptional reasons to consider the complaint sooner, or without it having been made first to the authorised person; or
c\) where an ombudsman considers that in-house resolution is not possible due to irretrievable breakdown in the relationship between an authorised person and the person making the complaint.
This time limit applies only if the authorised person’s written response to a complaint included prominently:
• an explanation that the Legal Ombudsman was available if the complainant remained dissatisfied.
• full contact details for the Legal Ombudsman; and
• a warning that the complaint must be referred to the Legal Ombudsman within six months of the date of the written response.
If (but only if) the conditions in (a) are satisfied, a complainant must ordinarily refer the complaint to the Legal Ombudsman within six months of the date of that written response.
Time limit from act/omission
Ordinarily, the complainant must refer the complaint to the Legal Ombudsman no later than:
\- one year from the act/omission; or
\- one year from when the complainant should reasonably have known there was cause for complaint.33
If you need to write to the legal ombudsman ,the address is:
Legal Ombudsman
PO Box 6167
SLOUGH
SL1 0EH
The telephone number is 0300 555 0333.
They are open from 9am to 1pm from Monday to Friday. Calls may be recorded and used for training and monitoring purposes.
Visit www.legalombudsman.org .uk
Email enquiries@legalombudsman.org .uk
If you require a copy of the Legal Ombudsman Scheme Rules, please ask me.
Complaints about your bill
You have rights to complain about your bill and in certain claims and you may be able to object to your bill by applying to a court for an assessment of the bill under Part 111 of the Solicitors Act 1974.
Please note that if all or part of a bill remains unpaid, I may be entitled to charge interest.
What should you do with this document?
Please read this document carefully. If there is anything you are unclear about, please contact me. Please provide the information I have requested as soon as possible. You should keep all the documents and letters I send you safe for future reference.
Giving me instructions or further instructions will constitute your acceptance of the terms set out in this Terms of Business and/or any letter of engagement.
PRICING POLICY
MB Lawyers fees vary due to many factors including but not limited to the complexity of the matter, property value and whether or not there is a mortgage.
MB Lawyers fees vary due to many factors including but not limited to the complexity of the matter, property value and whether or not there is a mortgage.
Each matter is different. When you contact MB Lawyers we will provide you with a written quote specific to your transaction. There are no hidden charges as we provide you with details of the likely fees and disbursements before you formally instruct us.
MB Lawyers are bound by that estimate and are professionally obliged to inform you when there will be any changes to that original estimate as circumstances arise.
When MB Lawyers provide an estimate, it is based on the information available at the time and it is occasionally the case that matters arise which have to be dealt with which were not included in the original estimate. Should this happen we will let you know and provide an estimate for dealing with that work on your behalf.
Property Purchase (Freehold & Leasehold)
MB Lawyers fees cover all of the work required to complete the purchase of your new home, including dealing with registration at the Land Registry and dealing with the payment of Stamp Duty Land Tax.
MB Lawyers fees and disbursements:
Legal fee:
Fees will depend on the complexity and value of the property you are purchasing and will usually be between £850.00 to £1,500.00.
Stamp Duty Land Tax Form Completion – £60.00
Disbursements:
These are costs related to your house purchase that are payable to third parties. MB Lawyers deal with the payment of the disbursements on your behalf to ensure there is no delay in your purchase and it runs smoothly.
Search fees:
Search fees (includes local authority, water, environmental, Chancel, flood and planning searches) – £350.00( approximately- the exact figure will be confirmed once the relevant authorities are known)
Land Registry Priority Search fee – £3.00 per search
Bankruptcy Search fee – £2.00 per name
Electronic Money Transfer fee: £23.00 plus VAT per payment.
Stamp Duty Land Tax
The rate of Stamp Duty Land Tax that you pay will depend on the purchase price of your property.
There is tax relief if you are a first time buyer.
You may also have to pay the Stamp Duty Surcharge if you have more than one property.
The Stamp Duty rate for a purchase in a company name is also different.
You can calculate the amount of Stamp Duty you will need to pay using the HMRC calculator
Land Registry fee:
This is set by the Land Registry and depends on the value of the property you are purchasing. The fee ranges from £40.00 to £910.00.
Referral fees
For some transactions MB Lawyers may pay a referral fee based on commercial considerations. The amount of any referral fee will be disclosed to you at the start of the transaction. To be clear, this referral fee is paid by MB Lawyers and not by you.
Leasehold Disbursements:
Notice of Transfer fee – between £100.00 to £200.00 plus VAT.
Notice of Charge fee – between £100.00 to £200.00 plus VAT per notice.
Deed of Covenant fee – between £100.00 and £200.00 plus VAT.
Certificate of Compliance fee – between £75.00 to £200.00 plus VAT.
You should also be aware that ground rent and service charge are likely to apply throughout your ownership of the property. MB Lawyers will confirm the ground rent and the anticipated service charge as soon as this we receive this in
Additional Disbursements on a Leasehold Sale:
Leasehold Management Pack fee- Fee set by the management company- between £250.00- £350.00 plus VAT.
Acting for a lender:
MB Lawyers is a Sole Practitioner and so can only act for you in the property purchase.
If you require a mortgage MB Lawyers can act for you. However, we do not act for a lender in the property purchase. A solicitor will need to be appointed to act for the lender. You will need to pay the fee for the lender’s solicitor. MB Lawyers fee will reflect this.
The average cost of a lender’s solicitor’s fees is £250.00 plus VAT. MB Lawyers will of course confirm this with you.
Time Frame
How long it will take from your offer being accepted until you can move into your house or flat will depend on a number of factors including whether you are part of a chain.
There are often external factors which can delay the process and often the major issue is that exchange of contracts cannot take place until all parties in the chain are ready.
Obviously, the time it takes will depend on the complexity of the matter and the number of parties involved.
On average it can take up to 8 weeks to get to exchange of contracts. Completion can be 1-2 weeks after that. This however is only an average rough guide.
Key Stages when buying a property:
The stages involved in the purchase of a property may vary according to the circumstances, and MB Lawyers will advise you of this when we know all the facts. MB Lawyers will provide regular updates on the progress of your property transaction.
Key stages of buying a house:
Key stages of buying a flat:
Assumptions
MB Lawyers fees assume that:
– this is a standard transaction and that no unforeseen matters arise including for example (but not limited to) a defect in title or the preparation of additional documents ancillary to
– the main transaction
– this is the assignment of an existing lease (leasehold only)
– the transaction is concluded in a timely manner and no unforeseen complication arise
– all parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation
– no indemnity policies are required. Additional disbursements may apply if indemnity policies are required
Property Sale (Freehold & Leasehold)
MB Lawyers fees cover all of the work required to complete the sale of your home.
MB Lawyers fees and disbursements:
Legal fee:
MB Lawyers fees will depend on the complexity and value of the property you are selling and will usually be between £850.00 to £1,500.00.
At present MB Lawyers are not vatable so no VAT is payable on our fees. We will let you know when this changes.
Disbursements:
These are costs related to your sale that are payable to third parties. We deal with the payment of the disbursements.
Search fees:
Land Registry Office Copy Entries – £3.00 per document
Electronic Money Transfer fee:
£23.00 plus VAT per payment.
Referral fees
For some transactions I may pay referral fees. The amount of any referral fee will be disclosed to you at the start of the transaction. To be clear, these referral fees are paid by MB Lawyers and not by you.
Leasehold Disbursements:
There are certain additional disbursements on a leasehold sale. The disbursements which MB Lawyers anticipate will apply are set out separately below. This list is not exhaustive is just an estimate and other disbursements may apply depending on the term of the lease. MB Lawyers will update you on the specific fees upon receipt and review of the lease.
Leasehold Management Pack fee- between £250.00- £350.00 plus VAT.
You should also be aware that ground rent and service charge will be apportioned and you must pay your liability up until completion.
A retention may also be required.
At present MB Lawyers not vatable so no VAT is payable. MB Lawyers will let you know when this changes.
Other useful information
Sales with a mortgage on the property
MB Lawyers can act whether or not you have a mortgage on the property.
Time Frame
The length of time it will take from you accepting the offer until you can move out of your house or flat will depend on a number of factors including whether you are part of a chain.
There are often external factors which can delay the process and often the major issue is that exchange of contracts cannot take place until all parties in the chain are ready.
Obviously, the time it takes will depend on the complexity of the matter and the number of parties involved.
On average it can take up to 8 weeks to get to exchange of contracts. Completion can be 1-2 weeks after that. This however is only an average rough guide.
Key Stages when selling a property:
The stages involved in the sale of a property may vary according to the circumstances, and I will advise you of this when I know all the facts. I will provide regular updates on the progress of your property transaction.
Key stages of selling a house:
Key stages of selling a flat:
All the information provided is correct as at December 2018
COMPLAINTS POLICY
MB Lawyers is committed to providing a high standard of service, consistent with the highest professional standards and in accordance with the Solicitors’ Code of Conduct 2011.
General
MB Lawyers is committed to providing a high standard of service, consistent with the highest professional standards and in accordance with the Solicitors’ Code of Conduct 2011.
MB Lawyers aim at all times to deal with everyone in a way that is fair, transparent, and proportionate and to provide value for money.
All Solicitors must attempt to sort out any problems that may arise with their services and charges including the standard of client and case care as well as their bills.
It is important to MB Lawyers that any problem or concern or complaint raised by you as client(s) is sorted out without any unnecessary delay.
A complaint means an oral or written expression of dissatisfaction which alleges that the
complainant has suffered (or may suffer) financial loss, distress, inconvenience or other detriment.
The details of the person dealing with your case will always be confirmed to you in writing in my letter of engagement.
As a Sole Practitioner Maria Boulter will always be responsible for your case (case worker). The Solicitors Regulation Authority also requires a supervisor to be allocated to each case. Again as a Sole Practitioner Maria Boulter will be the supervisor in your case.
Any query, problem or complaint you have about the work of MB Lawyers, service and or fees, should be raised initially with Maria Boulter either by telephone on 01763 449 128,by email at mboulter@mblawyers.co.uk or in writing at MB Lawyers 5 Old Mill Buildings, Mill End, Standon, Ware, Herts, SG11 1LR.
MB Lawyers is required by the Solicitors Regulation Authority to have in place a Complaints Supervisor if you would prefer not to deal with Maria Boulter directly or if we cannot sort things out between us.
The Complaints Supervisor is Michael Casson of Rainer Hughes Solicitors. He can be contacted in writing by post at Oak House 46 Crossways Shenfield Essex CM15 8QY.
The letter should contain as much information as possible about the complaint together with copies of any relevant documents.
Once the complaint is received the Complaints Supervisor will start the Complaints Procedure detailed below and report to all parties the outcome together with the action(s) if any to remedy the problem.
Complaints procedure
On receipt of a letter of complaint to the Complaints Supervisor you will be sent a letter within 7 working days acknowledging your complaint and asking you to confirm or explain the details given.
Your complaint will, within 7 working days of receipt, be recorded within a central register and a separate file will be opened for the complaint.
On receipt of a reply to our acknowledgment letter you will within 7 working days be told in writing what will happen next.
The complaint will then start to be investigated. This will usually involve the following steps:
If it is necessary to change the timescale for the complaints procedure you will be notified in writing together with an explanation.
If matters cannot be resolved using the complaints procedure you should contact the Legal Ombudsman via the website www.legalombudsman.gov.org or by telephone on 0300 555 0333 or by post at P O Box 6806 Wolverhampton WV1 9WJ or by email at enquiries@legalombudsman.org.uk.
Any complaint to the ombudsman should be made within 6 months of receiving a final written response to your complaint from us and within 6 years of the act or omission about which you are complaining or no more than 3 years from when you should reasonably have known there was a cause to complain otherwise you may prejudice your position.
Complaints about a bill
You can challenge a bill of costs as above
In certain claims and you may be able to object to your bill by applying to a court for an assessment of the bill under Part 111 of the Solicitors Act 1974.
Please note that if all or part of a bill remains unpaid MB Lawyers may be entitled to charge interest
Details
MB Lawyers 5 Old Mill Buildings, Mill End, Standon, Ware, Herts, SG11 1LR
Tel: 01763 449128
Email: mboulter@mblawyers.co.uk
Maria Boulter Solicitor SRA No 148723
MB Lawyers SRA No 621332
Authorised and Regulated by the Solicitors Regulation Authority
PRIVACY NOTICE
MB Lawyers respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how your personal data is protected when you use MB Lawyers services and visit the website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
Introduction
MB Lawyers respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how your personal data is protected when you use MB Lawyers services and visit the website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
Purpose of this privacy notice
This privacy notice aims to give you information on how MB Lawyers collects and processes your personal data when you use their services or website.
This website is not intended for children and MB Lawyers does not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice provided if any on specific occasions when collecting or processing personal data about you so that you are fully aware of how and why your data is used. This privacy notice supplements the other notices and is not intended to override them.
Controller
Maria Boulter is the data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact Maria Boulter using the details set out below.
Contact details
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). MB Lawyers would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact MB Lawyers in the first instance.
The data protection law in the UK will change on 25 May 2018. Although this privacy notice sets out most of your rights under the new laws, MB Lawyers may not yet be able to respond to some of your requests (for example, a request for the transfer of your personal data) until after 25 May 2018 as I am still working towards getting our systems ready for some of these changes.
It is important that the personal data held about you is accurate and current. Please keep MB Lawyers informed if your personal data changes during your relationship with MB Lawyers.
Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. MB Lawyers does not control these third-party websites and is not responsible for their privacy statements. When you leave the website, you are encouraged to read the privacy notice of every website you visit.
The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
MB Lawyers may collect, use, store and transfer different kinds of personal data about you which may be grouped together follows:
Special Categories of Personal Data
If any special categories pf personal data about you need to be collected i.e. (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data), or criminal convictions and offences separate signed letter of authority will be required from you.
If you fail to provide personal data
Where MB Lawyers needs to collect personal data by law, or under the terms of a contract with you and you fail to provide that data when requested, MB Lawyers may not be able to perform the contract (for example, to provide you with a service). In this case, MB Lawyers may have to cancel the service with you but will notify you if this is the case at the time.
How is your personal data collected?
MB Lawyers uses different methods to collect data from and about you including through
direct interactions. You may give your Identity, Contact and Financial Data by filling in forms or by correspondence via post, phone, and email or otherwise.
How we use your personal data
MB Lawyers only uses your personal data when the law allows it. Most commonly, your personal data is used in the following circumstances:
Change of purpose
MB Lawyers will only use your personal data for the purposes for which it’s collected, unless it’s reasonably considered that it’s needed to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact MB Lawyers.
If your personal data is used for an unrelated purpose, you will be notified to explain the legal basis to do so.
Please note that MB Lawyers may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosures of your personal data
MB Lawyers may have to share your personal data with the external third parties set out below for the purposes of providing a service to you:
MB Lawyers requires all third parties to respect the security of your personal data and to treat it in accordance with the law. MB Lawyers does not allow third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with instructions.
Data security
MB Lawyers is putting in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.
Procedures to deal with any suspected personal data breach will be in place and will notify you and any applicable regulator of a breach where legally required to do so.
Data retention – how long will we use my personal data for?
MB Lawyers will only retain your personal data for as long as necessary to fulfil the purposes collected for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your personal data may be found in the Terms of Business.
Your legal rights
Under the Data Protection Act 1998, you have rights as an individual which you can exercise in relation to the information held about you.
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data held about you and to check that it’s being lawfully processed.
Request correction of the personal data that is held about you. This enables you to have any incomplete or inaccurate data held about you corrected, though this may need to be verified.
Request erasure of your personal data. This enables you to ask to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where data may have processed unlawfully or where required to erase your personal data to comply with law. Note, however, that it may not always be possible to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, it may be demonstrated that there are compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
if you want us to establish the data’s accuracy;
where our use of the data is unlawful but you do not want us to erase it;
where you need us to hold the data even if no longer required it as you need it to establish, exercise or defend legal claims; or
you have objected to our use of your data
Request the transfer of your personal data to you or to a third party.
DISCLAIMER
The material on this website has been prepared to provide useful information but does not constitute legal or other professional advice and should not be considered as a substitute for legal or other professional advice on any specific case.
Terms of Use
The material on this website has been prepared to provide useful information but does not constitute legal or other professional advice and should not be considered as a substitute for legal or other professional advice on any specific case. Nothing on this site constitutes an advertisement or a binding offer to perform any legal service in any jurisdiction.
Maria Boulter and MB Lawyers will endeavour to keep the contents of this website accurate and up-to-date but do not accept any liability for any loss caused in connection with use or reliance on the contents of this website except as prohibited by law.
MB Lawyers is not responsible for the content of any other website, including any website through which you may have gained access to this website or to which you may gain access from this website. MB Lawyers do not accept any liability in connection with any such websites or links.
Governing Law
MB Lawyers website relates only to the laws of England and Wales except as expressly stated to the contrary.
In the event of any dispute arising as a result of content posted on this website, the jurisdiction and applicable law to be invoked is that of England and Wales.
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