Wolstenholmes - Terms and Conditions of Business

Fridaysmove are matching conveyancing fees for established Wolstenhomes clients. Please note that this means that we will also be following their Terms and Conditions. A copy of there Terms and Conditions are set out below : 

We are regulated by the Solicitors Regulation Authority and under their requirements we have set out our terms of business for your reference. These terms and conditions are supplemental to the accompanying letter ("the Letter‟).

Please sign both the letter and these terms and conditions.

1. Places and hours of business

Wolstenholmes LLP have offices at: Cheshire: 227 Finney Lane, Heald Green, Cheshire SK8 3QB (head office) Manchester: 82 King Street, Manchester, M2 4WQ Birmingham: One Victoria Square, Birmingham, B1 1BD London: 2nd Floor, Berkley Square House, Berkley Square, London, W1J 6DB Our offices are open between 9am and 5pm, Monday to Friday though we will make appointments outside of these hours when essential to the interest of our clients.

Our offices have, where possible have been made accessible for people with mobility difficulties or disabilities. However, should you require an appointment, please contact us so that we can ensure adequate provision is made or alternatively so we can meet you in a mutually convenient place.

2. People responsible for your work

The Solicitor responsible for your work has been listed on the Letter with any other members of our team who may assist. We try hard not to change the person acting for you but should this become necessary we will notify you of the change in writing, explaining why the change was necessary. We aim to offer all clients a friendly and efficient service if however, any difficulty should arise, you should first raise your concern with the acting Solicitor, or failing that with Helen Murgatroyd, the complaints manger for the office. All firms of solicitors are obliged to attempt to resolve problems that clients may have with the service provided. It is therefore important that you immediately raise any concerns you may have with us. We value you and would not wish to think that you are unhappy with us.

3. Charges and Expenses

We aim to provide a fixed fee in all our transactions and a quote has been provided in the Letter. Should we be required to spend additional money on your behalf (e. g for searches that become necessary or if the rate of tax on the transaction should change) then we will notify you in advance in writing explaining the reasons for the additional fees. In the event that you decide not to proceed with your matter we will charge £15. 00 per letter on your file and £ 6. 00 per telephone call. In conveyancing we aim to complete your transaction by exchanging contracts at least 10 working days prior to completion. Should you request simultaneous (same day) exchange and completion, we are required to carry out the completion matters prior to exchange. This carries further risks and responsibilities from us to your mortgage lender and other parties involved; to adequately reflect this we reasonably charge £99. 00 + VAT for simultaneous exchange and completion.

4. Anti-Money Laundering Regulations

We are by law required to obtain and keep documentary evidence of the identity of all of our clients and to have an understanding of their financial status and normal business affairs. If you are able to attend our office, please bring your original ID and recent utility bill. Alternatively, you can send copies of the documents listed and we will check your identity electronically. For investment exchange listed companies we will carry out a search at Companies House and may ask for further information. For non-listed companies and other organisations, we will carry out a search at Companies House or similar registry in foreign jurisdictions where relevant and will also require the evidence for individuals for one or more directors / company / secretary / shareholders / partners or other persons authorised to represent the organisation. You may be required to provide further information including evidence of the source of funds to be used in a matter or transaction and we may refuse to proceed if the source and legitimacy of the funds cannot be demonstrated to our reasonable satisfaction. Because of money laundering regulations it is not the firm's policy to accept sums of cash over £250. 00. Therefore if you are required to let us have a sum of money above this amount this must be paid by cheque, banker's draft or bank transfer from your bank account to our bank account.

5. Proceeds of Crime Act 2002 (“POCA”)

Where we reasonably suspect that the money in a transaction is from or linked to criminal activity, we are obliged by law to make a report to the Serious Organised Crime Agency (“SOCA”). We cannot notify you of this report and will have to cease any activity on the matter until we have permission from SOCA. We may be required to request information in this regard. We cannot accept any liability for loss caused to you or any other party by our compliance with these obligations.

6. Bills

For property transactions, we will forward to you a bill for our charges and expenses once we have completed the legal work. This should not exceed the amount paid by you on account of our professional fees. However, if the matter has become more complicated or protracted we will require payment for any additional legal work within 7 (seven) days of the date of our invoice. Interest will accrue at 4% above base in the event that our fees are not paid within this time scale. If you have any query about the bill, you should contact the Solicitor acting immediately.

7. Financial Services

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, selling and administration of insurance contracts. This part of our business including arranging for complaints or redress if something goes wrong is regulated by the SRA. The register can be accessed via the Financial Services Authority website at www.fsa.gov.uk/register

8. Storage of Deeds and Papers

After completing the work we have carried out for you we are entitled to keep all your papers and documents while money is owing to us. We will keep your file of papers (except for any of your papers which you ask to be returned to you) for no more than 6 years on the understanding that we have the authority to destroy the documents you ask us to deposit in safe custody after this time. We will charge for retrieving and / or storing stored papers or deeds in the sum of £19. 95 (+vat) per annum. However, we reserve the right to make a charge based on the time we spend on reading papers, writing work or other work necessary to comply with instructions (including for the avoidance of doubt, the cost of sending the file on to another firm or posting them back to you at your request).

9. Termination

You may terminate your instructions to us in writing at any time. We are entitled to keep all your papers and documents while money is owing to us. In a conveyancing transaction, we expect to receive instructions from your Lender to act on your behalf if you are purchasing a property. If so, we will have to pass to them information you give us that might be relevant to their decision whether to finance the purchase. If you tell us things that you do not want the Lender to know, and they are relevant to the Lender, we may have to stop acting for the Lender, and possibly also for you. We will decide to stop acting for you only with good reason, and after giving you reasonable notice. If you or we decide that we will stop acting for you, you will pay our fees up to the time that we cease to act.

10. Draw down

Your instructions are important to us. We aim to complete your transaction (whether a sale or purchase) on your designated completion date. In order to facilitate this, it is our policy to request bank funds 5 (five) working days before completion. This will avoid any delay or been served with a notice to complete. It may be the case that some lenders will charge interest on early draw down of funds. We anticipate this will be a nominal sum.

11. Further Instructions

Although your continuing instructions in this matter will amount to an acceptance of these terms and conditions of business, it would be helpful if you could please sign and return one copy of them for us to remain on our file. This is an important document that we would urge you to keep in a safe place for future reference. We also confirm that although two or more of us may have signed this form we irrevocably authorise you to accept instructions or notifications signed by any one of us on behalf of all the signatories to this form. We also accept that any advice you give to one of us will be deemed to be given to both/all of us. I have read, understood and accept the terms and conditions of business set out above. I hereby agree to provide you with two forms of personal identification, one photographic and one to verify my address.

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Signed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date. . . . . . . . . . . . . . . . . . . . . . . . . . .