Terms and Conditions - Solicitors Telephone Advice Service.

This page sets out the terms and conditions under which our solicitors’ telephone advice service is provided. Please read it carefully.

Note that none of the matters set on this page will affect your statutory rights.

NB these terms and conditions also apply to telephone advice from any other advisers, such as the Julie Ford advice service.  Note that Julie is not a solicitor.

1 The person giving your advice

1.1  Our solicitor’s advice service is provided by various solicitors firms and will be delivered by a specialist landlord and tenant solicitor, or as advertised.  You will be able to choose the firm you would like to use.  Save as set out above, all the firms who provide the advice service are a solicitors practice regulated by the Solicitors Regulation Authority and carry professional indemnity insurance.  You will find a list of the firms taking part in this service on this page with links where you can find out more about them.

1.2. The advice service, however, is a Landlord Law Services Ltd (Landlord Law Services) service and the solicitors or other adviser will be acting as our agent for the purpose of providing your telephone advice.

2. Payment

2.1 No advice can be given until the fee has been paid and received by Landlord Law Services.

2.2 Payment must be made online via the Landlord Law Services payments system.  We will not, save in exceptional circumstances, accept payment via any other method.

2.3 The amount of the fixed fee may change from time to time, but this will only affect clients who instruct us after the information on the Landlord Law Services website has been changed to show the new fee.

3. The time frame for your advice

3.1 Once you have made the payment, you will be re-directed to the Instruction form which needs to be completed before your advice call can be arranged.  When this is submitted it will be forwarded to the firm you have chosen to provide your advice.

3.2 Someone from the firm will contact you within two working days of receipt of your instruction form, to arrange the time for your call.  Note that you may need to be flexible if the solicitor/adviser is not available at your preferred time.

3.3 Provided you have ticked the form to confirm that you waive your 14-day cancellation rights, your advice call will (so far as is possible) take place not later than five working days after the firm has received your form.  ‘Working days’ means Monday to Friday excluding weekends and bank holidays.

3.4 If you have not clicked to waive your cancellation rights, you will be contacted by the firm during the 14 day period and your advice will take place as soon as possible after the 14 day cancellation period has expired.

4. Documents

4.1 You can, for the solicitor’s advice service, submit up to three electronic documents for the solicitor to consider when preparing for your advice.

4.2 These must be uploaded to the instruction form via the upload buttons you will find there.  The form will accept documents in the following formats: pdf, jpg, doc, docx, txt, xls, xlsx.

4.3 If for any reason you are unable to upload your documents to the form, you should speak to the solicitors firm about this when they contact you to arrange for your advice call.

5 Cancellations and your cancellation rights

5.1 Under consumer regulations you have the right to cancel within 14 days unless you click to confirm that these are waived (to allow your advice to be given within the 14 day period).

5.1, In addition, you can cancel without penalty and get a full refund provided you do this before the time of your telephone call has been arranged with the solicitor.

5.2 You can also get a full refund if it proves impossible to arrange a telephone advice call due to problems in finding a time when both you and the solicitor/adviser are available.

5.3 The solicitors/advice firm can cancel in the following situations:

5.3.1  If they have a ‘conflict of interest’ (ie they are already acting for or have represented in the past any person or organisation who is involved in or has in any way caused or contributed to your problem) in which case you can either transfer to another solicitor on our list or  receive a full refund.

5.3.2 If advice is sought by solicitors or members of firms regulated by the Solicitors Regulation Authority to assist them advise their own clients.  In this case, the advice call will not go ahead and you will receive a full refund subject to a £25 administration fee.

5.3.3 If the subject matter concerns an area of law where the solicitors do not have expertise or if for any other reason they consider, at their discretion, that the advice is not something that they will be able to provide.  In which case you will receive a full refund.

5.4 Some clients may be eligible for free advice via the Legal Services Commission and others may have legal expenses insurance, so please check whether this applies to you before applying for this service.  No refunds can be made if you later discover that you could have obtained the advice for free elsewhere.

6. The Advice Call

6.1 The advice call is for half an hour only or as advertised.

6.2 If the problem is too complex to give a complete answer during the telephone advice call, the solicitor or adviser will give preliminary advice and a quotation (if appropriate) for further work.

6.3 The call may be recorded

6.4 Note that the fee does not include any written confirmation of the advice given.  It is just for oral telephone advice.

7. Complaints

7.1 If you are unhappy about any aspect of the advice service, please contact Landlord Law Services via the ‘green button’ help service.  We will aim to respond within five working days of receipt of your email.

7.2 Note that we are members of the Property Redress Scheme so if you are unhappy with our response you can take your complaint to them.

8. Further work

If any further work is done by the solicitors or advice firm other than the fixed fee telephone advice call, the following will apply:

8.1 The firm will no longer be acting as our agent, and any agreement regarding fees and the nature of the work to be done will be between you and the relevant firm, and will not involve Landlord Law Services.

8.2., However, you agree to let us know if we ask you, if you are using the firm for any further work, and to give us feedback on how satisfied you are with the service provided

8.3. If any problem arises in respect of the work done by the firm, then Landlord Law Services cannot be held liable you will need to resolve this with them direct.

9. Liability and other matters

9.1 The firm will provide advice and legal services to you with reasonable skill and care and we acknowledge that (subject to the other exclusions and limitations in these terms and conditions) we will be liable to you for losses, damages, costs or expenses (“Losses”) caused by our willful default.

9.2 Our responsibility shall only extend to the advice and services provided on matters upon which you have actually instructed us. We rely upon you for the accuracy of the information and/or documentation you provide. We will not be liable to you for any Losses caused wholly or in part by the provision by you of false, misleading or incomplete information or documentation or due to the acts or omissions of any persons other than this firm or arising from any cause beyond our reasonable control.

9.3. Your rights in respect of any breach on our part in respect of work done by us for you, shall only be enforceable if notice in writing giving all material details of any claim shall have been given to us within two years of the date the instruction form is emailed to us.

9.4. Any liability we may have (whether to you or anyone else, and however it arises), shall exclude, any indirect or consequential economic loss or damage (including loss of profits) suffered by you or any third party arising from, or in connection with, the work done for you, however the indirect or consequential economic loss or damage is caused, including our negligence but not our willful default.

9.5. Nothing in this section of these terms shall impose on us any liability of any kind or for any amount which we would not have but for this section. Nothing in this section shall have the effect of restricting our liability in respect of any kind of loss, damage or liability which cannot or must not be excluded or limited under English law.

9.6. Nothing in this agreement shall benefit any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply.

9.7. Under the Proceeds of Crime Act 2002 we or the solicitors firm may be obliged, without telling you first, to make a disclosure to the National Criminal Intelligence Service (or equivalent organisation) unless it is information received so that advice may be given about it or unless it comprises the advice itself (privileged information). We and the solicitors’ and other firms taking part in our advice service, therefore, reserve the right to give such NCIS notices as we consider appropriate without notice to or discussion with you.

9.8. The agreement between us is subject to English law, and you agree to submit to the exclusive jurisdiction of the English courts if there is any dispute between us which involves court proceedings.

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