The following terms of engagement apply to all work carried out by Bloomingdale Solicitors except as otherwise agreed. The expression “we”, “us”, and “our” refer to Bloomingdale Solicitors and “you” and “your” refer to our client.
These terms and conditions will apply to any services which we provide to you and usually be supplemented by a letter dealing amongst other things, with the specific services to be provided and the fees payable.
These terms and conditions may be revised from time to time and a copy will be sent to replace these, and the revised terms and conditions will apply from the date you receive them. You are free to terminate the arrangements between us if you do not accept the revised terms and conditions.
WEBSITE TERMS OF USE
Welcome to www.bloomingdalesolicitors.com. By accessing or using our website, you agree to be bound by the following terms and conditions:
OUR SERVICES
The scope of the service we have agreed to provide for you in any matter will be agreed between us and confirmed in our client care letter. You agree that you do not require us to provide you advice or further services in relation to any aspects outside the scope of the services so agreed.
To assist us in carrying out the work as efficiently as possible, you will need to ensure that all information provided is to the best of your knowledge complete, accurate and up to date. You should also notify us of any changes or variations to that which may arise after date it is passed to us and of any new circumstances that might be relevant to the work we are undertaking.
The name of the person who will carry out most of the work in this matter and, if different, the Manager with overall responsibility for your matter will be confirmed in our client care letter. They may from time to time, be assisted by other members of the team, i.e. trainees, paralegals etc. However, you will be notified of this in the client care letter or in writing when applicable. We try hard to avoid changing the people who are handling your work but if this cannot be avoided, we will notify you promptly of the name and status of the person who will be dealing with your case.
We are authorised and regulated by the Solicitors Regulations Authority (SRA). We are committed to high quality legal advice and client care and aim to offer all our clients an efficient and effective service, and we are confident that we will do so in this case.
We agree to keep you regularly informed of progress and to communicate in plain language. We will explain the legal work that may be required, and we will regularly advise you of the costs/risk benefit of pursuing a matter. We will advise you of the likely timescale involved.
Our normal opening hours are 9 am to 5.30 pm.
OUR CHARGES & EXPENSES
We base our charges on the amount of time we spend on your case. Time spent on a case can include:
Our current rates from time to time may not be appropriate in case of exceptional complexity or urgency or where specialist knowledge is required. Where it becomes apparent that such circumstances exist we will notify you of this.
Our hourly rates are as follows:-
| Senior Solicitors preparation, attendance and advocacy Senior Solicitors preparation, attendance, and advocacy | £350.00 per hour |
| Senior Solicitors travel and waiting | £175.00 per hour |
| Junior Solicitors Preparation, attendance & advocacy | £300.00 per hour |
| Junior Solicitors travel and waiting | £150.00 per hour |
| Clerks preparation, attendance, and advocacy | £200.00 per hour |
| Clerks travel and waiting | £100.00 per hour |
TRANSFERRING MONEY
It is our policy not to make or receive payments by cheque. We prefer to use the automated BACS system as this is faster, more efficient and less prone to risk.
We therefore request that you pay us by Bank Transfer direct to our bank account.
Please contact us for our bank details.
Please always quote your reference when making the payment.
We will use the BACS system when making payments to you. You will be asked to provide your bank details at the outset or during your case for this purpose
PAYMENT ON ACCOUNT
It is our practice to ask clients to make payment on account of anticipated costs and disbursements. We may deliver bills to you at regular intervals for work carried out during the conduct of the case. ln the event of payment not being made, we reserve the right to decline to act any further and the full amount of the work done up to that date will be charged to you. It is our policy that costs must, in any event, be paid in full before completion of any matter or transaction or before attending Court on your behalf.
Accounts are to be paid by when due, whether or not the amounts concerned may ultimately have to be paid by another party. Bills are to be settled in full within 30 days of receipt.
In relation to non-contentious costs, we are entitled to charge interest on unpaid bills at the rate payable on judgements debts from one month after the delivery of the bill in accordance with Article 5 of the Solicitors (Non-Contentious Business) Remuneration Order 2009. We reserve the right to charge interest on any outstanding amounts at the Statutory rate (currently 8%) (rate 2% above the base rate of Barclays bank).
If any payments on account is not made or bill is not settled in accordance with these terms, we reserve the right to decline to act further for you.
If you are not satisfied with the amount of our fees please contact us. Objections about the amount of our fee will be handled by way of our complaints procedure.
If you remain unhappy about the level of our fees, you may be able to make a complaint to the Legal Ombudsman or may entitled to have the bill assessed by the court in accordance with Part III of the Solicitors Act 1974. Your rights are set more fully in Section 70, 71 and 72 of the Solicitors Act 1974.
Following the conclusion of your matter, we are entitled to retain your file of papers and documents while there is money owing to us for fees.
Under the provisions of the Solicitors Regulation Authority’s Solicitors Accounts Rules 2019, we are required to account to our clients for interest on money held by us in our client account when it is fair and reasonable to do so.
If the amount calculated is less than £50.00 then no interest will be paid as our administrative costs would exceed this amount. If we receive a charge from our Bank for holding or handling your money, we reserve the right to pass this charge on to you.
If client monies are held in a separate designated deposit account, (i.e. a specific account for a separate matter) all interest on that account will be credited to that bank account and paid in full.
We do not pay interest:
Where client monies are held in our general client account, we will pay interest without deducting tax at source. Our clients will be responsible for declaring any interest to HM Revenue & Customs. Where client monies are held in a designated deposit account, interest is generally paid net of basic rate income tax.
Interest will be calculated on a daily basis, using the average rates of interest offered to business customers on ‘Instant Access’ accounts.
Interest will be calculated on cleared client funds. In the case of cheques received, this will be 8 days after the cheque has been deposited with our bank, and for amounts received in cash, or via credit or debit card, standing orders, BACS and CHAPS, interest will accrue from the day of receipt into our client account. Where we issue cheques from client account, interest will normally be paid for 8 working days from the date of issue.
Clients may contract out of receiving interest by signing a written agreement with the firm.
We are committed to providing high quality legal advice and client care.
Please note that you have the right to object to the bill by applying to the court for an assessment of the bill under Part III of the Solicitors Act 1974. We will, however, suggest you discuss your concerns with us first so that we can review the bill.
If you would like to discuss how the services provided to you could be improved, to the level of your bill, or should there be any aspects of our services to you not satisfied, please contact the person who is responsible for dealing with your case. If matters cannot be resolved with them and you wish to take the matter further, please contact Mr Ali Sethi via email at ali@bloomingdalesolicitors.com or by post to 24 West Ham Lane, Stratford, London E15 4SA. We have a procedure in place which details how we handle complaints, and this will immediately be sent to you. You may request a leaflet explaining our complaints procedure at any time.
It is our intention to handle any complaint promptly, fairly, openly and effectively in accordance with the Solicitors Regulation Authority (SRA) Code of Conduct 2011, Outcomes 1.9 – 1.11. The above rules can be viewed in the Client Care section of the SRA Code of Conduct 2011 at the link below:
http://www.sra.org.uk/solicitors/handbook/code/part2/rule1/content.page
If you complain, what will happen next?
We will send you a letter acknowledging receipt of your complaint within 14 days of receiving it, enclosing a copy of this procedure.
We will then investigate your complaint. This will normally involve passing your complaint to the Solicitor who has the conduct of your case. Mr Sethi will review your matter file and speak to the member of staff who acted for you.
Mr Sethi will then contact you in order to discuss your complaint. If necessary, he will invite you to a meeting to discuss and hopefully resolve your complaint. He will do this within 14 days of sending you the acknowledgement letter.
Mr Sethi will then send you a detailed written reply to your complaint, including his suggestions for resolving the matter (or any solutions he has agreed with you) within 21 days of sending you the acknowledgement letter.
At this stage, if you are still not satisfied, you should contact us again and we will arrange for your complaint to be re-investigated further by Mr Sethi.
We will write to you within 14 days of receiving your request for a review, confirming our final position on your complaint and explaining our reasons.
If we have to change any of the timescales above, we will let you know and explain why.
If we are unable to resolve your complaint, then you can have the complaint independently looked at by the Legal Ombudsman. The Legal Ombudsman investigates complaints about poor service from lawyers. The Legal Ombudsman can investigate complaints within one year from the date of the problem happening or when you should have realised that there was cause for complaint.
If you wish to refer your complaint to the Legal Ombudsman, this must be done within six months of our final response to your complaint. If you would like more information about the Legal Ombudsman, their contact details are as follows: Visit www.legalombudsman.org.uk or email enquiries@legalombudsman.org.uk.
You can contact the Legal Ombudsman about your complaint by post at the following address:-
The Legal Ombudsman,
PO Box 6805
Wolverhampton
WV1 9WJ
Any complaint to the Legal Ombudsman must usually be made within six months of the date of our final written response on your complaint but for further information, you should contact the Legal Ombudsman on 0300 555 0333 or at enquiries@legalombudsman.org.uk.
Call 0300 555 0333 between 8:30am to 5:30pm. Calls to 03 numbers will cost no more than calls to national geographic numbers (starting 01or 02) from both mobiles and landlines. Calls are recorded and may be used for training and monitoring purposes. For minicom call 0300 555 1777.
If you would like to see a copy of our complaints procedure at any other time, please let me know and I will arrange for a copy of our complaints procedure to be sent to you.
Under the regulation, we are obliged to report any suspicious transaction to appropriate authority. We are required to obtain proof of identity and proof of address.
We will need information on the origin of any transaction over £10,000.
We operate a client account facility which allows for money to be held or transferred in relation to a matter we are working on. However, the facility is operated at our discretion and any unauthorised receipts will be held pending further investigation or returned to the sender. Therefore, we ask that you give us advance warning of any receipts.
Some financial settlements with related persons and also some financial matter may cause us to disclose your financial and personal circumstances under Proceed of Crime Act 2002 and under other relevant regulation and or legislation. We will render ourselves to comply with the applicable law and or regulation.
If we become aware of or suspect the existence of any proceeds of crime (whether from you or any other person), in order to enable us to continue to act for you without or ourselves committing an offence under the Act, we must report the irregularity to the National Criminal Intelligence Service (NCIS). NCIS will then give or withhold permission for us to continue with your case. Even is NCIS gives permission for the case to continue, it can pass the information received to any relevant body, e.g. Inland Revenue which may investigate. Be aware that all other professionals, i.e. Accountant, Estate Agent, Financial Advisor, etc, are also required to comply with the provisions of the Act.
Please be advised that if there is any financial irregularities on your part or on the part of your husband/wife/partner/associated persons and is not corrected before you consult a Solicitor and/or you do not tell your Solicitor the correct position about your financial affairs or those of your husband/wife/partner, which your Solicitor becomes aware of during the course of your case, in all circumstances she/he and you are required by the Act to disclose those irregularities to NCIS without telling you.
Accordingly, one consequence of not telling us about any irregularities in your financial circumstances is that we may report that without discussing with you.
The obligation we will have under the Act will override the client’s confidentiality and privilege except where there is pending litigation. We will charge as usual for our service, as well as for services in dealing with the reporting etc under the Act.
WHAT INFORMATION WILL WE COLLECT FROM YOU?
In order to ensure that the data we collect from you is being processed lawfully and fairly in accordance with the GDPR We will only collect information from you that is relevant to the matter that we are instructed with. By retaining us in your matter you are authorising us to process your personal data (including sensitive data such as credit/debit card details) upon a contractual basis. In particular, whilst acting for you we may collect the following information from you which is defined as ‘personal data’: Personal details, such as family, lifestyle and social circumstances, financial details and business activities of the person whose details we are processing.
We may also collect information that is referred to as being in a ‘special category’. This could include: Physical or mental health details, racial or ethnic origin, religious beliefs or other beliefs of a similar nature, biometric data, criminal convictions & sexual orientation. You authorise us to process this data on the basis that it is necessary for the establishment, exercise or defence, or legal claims under this contract.
HOW WILL WE USE YOUR INFORMATION?
We will mainly use your information for the provision of legal advice, and this is necessary for the performance of the contract between us. We may also use it for: Administering any accounts, processing your bank/credit card details in order to obtain payment, the prevention and detection of fraud, credit reference checks (where appropriate).
From time to time we may need to disclose information to third parties such as barristers, accountants, and government agencies. It may also be necessary to permit third parties (such as auditors, our professional indemnity insurers, and Solicitors Regulation Authority) to have access to your information for administrative or regulatory purposes. From time to time we may be obliged to transfer information to countries outside the European Economic Area which do not provide the same level of data protection as the UK. By instructing us, you consent to us processing your personal information and to disclosing the same to the extent necessary for the purposes set out above. We will use reasonable endeavours to keep such information secure and to take appropriate technical and organisational measures against any unauthorised or unlawful processing/accidental loss/destruction/damage of any personal data within that information. It is impossible to guarantee that your information will be free from every possible security breach and you acknowledge and accept that risk in instructing us.
WHO WILL WE SHARE YOUR INFORMATION WITH?
Marketing: from time to time, we may use your personal information for marketing purposes. Under the GDPR, we are obliged to ask if you object to us sharing your information for marketing purposes. If you do not want us to share your personal information for marketing purposes, you must let us know when you return the retainer letter by ticking the appropriate consent box.
Under our Code of Conduct 2011 there are strict rules governing solicitors regarding who we can share your information with. This will normally be limited to other people who will assist with your matter. This may include: Barristers and other solicitors, medical experts, healthcare professionals, social and welfare organisations the courts and tribunals (not exhaustive).
We may also disclose your information to your family, associates or representatives and we may also disclose your information to debt collection agencies if you do not pay our bills. We shall not disclose any of your personal information which we obtain as a result of acting for you on your matter to any other person or party; except:
As is reasonable and necessary for the purpose of carrying out your instructions.
As required by law including in response to any requests for information under freedom of information or environmental legislation.
As required by any regulatory, governmental, or other authority (including the SRA) to which we are subject too.
As is required to enable us to enforce our rights under the client care letter (or retainer).
HOW LONG WILL WE KEEP YOUR INFORMATION FOR?
We will keep your information throughout the period of time that we do work for you and afterwards for a period of six years as we are required to do by law. We will ensure any softcopy sensitive personal information is saved safely on our systems and hard copy files are stored in a secure facility. You may request a copy of your file at any stage (subject to our right to exercise a lien in relation to outstanding fees). We will deliver originals to you in a reasonable time frame following any requests. A copy of the file will be retained by us for insurance purposes. Any subsequent request for additional copies may incur a small fee in line with the charges detailed above.
WHAT RIGHTS DO YOU HAVE?
You have a series of rights under the GDPR, including the right to access a copy of the information we hold about you and in certain circumstances, the right to have personal data deleted. If you wish to submit a Subject Access Request, or SAR, please contact the fee earner with day to day management of the file or our Data Protection Officer at info@bloomingdalesolicitors.com
If you are aware that any of the data we are holding is inaccurate, it is your responsibility to inform us of any changes affecting your personal circumstances.
WHO CAN YOU COMPLAIN TO IF YOU ARE UNHAPPY ABOUT THE INFORMATION WE ARE HOLDING ABOUT YOU?
If you are unhappy about how we are using your information then initially you should contact the Data Protection Officer (See 13.12 above). If your complaint remains unresolved, then you can contact the Information Commissioner’s Office, details available at www.ico.ora.uk
You have the right to be forgotten (Erasure). Data Subjects have the right to request that all their data be erased (this is not an absolute right and we may continue to process your data if it remains necessary for the purpose it was originally collected. If you do not wish to receive information from us and our services, wish to receive only certain kinds of information, or wish to receive information only by a particular method please notify our Data Protection Officer at info@bloomingdalesolicitors.com
An actual or potential conflict between your interest and the interests of another client of this firm may arise during the course of a matter. If this situation arises during our dealing with you, we will discuss the position with you and determine the appropriate course of action.
We are committed to promote equality and diversity in all its dealings with clients, third parties and employees and will not tolerate discrimination on grounds of gender, marital status, sexual orientation, race, colour, nationality, religion, age, disability, HIV positivity, working pattern, caring responsibilities, trade union activity or political beliefs – or any other grounds.
You may end your instructions to us in writing at any time, but we can keep all your papers and documents while there is still money owed to us for fees and expenses.
We may decide to stop acting for you only with good reason, e.g., you do not pay our fee, we are unable to obtain clear instruction from you or we may breach our professional conduct rules or if there occurs a serious breakdown of confidence with each other. However, we may need the permission of the court if any court proceedings are in progress when it reaches the final stage and it will be not right to terminate the retainer.
If you or we decide that we should stop acting for you, you will pay our charges up until that point. These are calculated on an hourly basis plus expenses as set out in these Terms & Conditions.
PROFESSIONAL INDEMNITY INSURANCE
Our work is covered by professional indemnity insurance, details of which can be found on our website.
AGREEMENT
Your continuing instructions in this matter will amount to your acceptance of these terms and conditions of business.
