Terms of Business

Terms of Business

At Landlord Litigation we pride ourselves on customer care, communication, accuracy and efficiency. Our main objective is to ensure that we obtain the best possible outcome for our clients, communicating in a clear manner throughout the process.

Our firm’s terms and conditions of business, together with our client care policy is set out as follows:-

1.        Initial Contact:

We will provide an initial free 15 minute consultation with you to discuss your case. This can be in person at our office, or over the telephone. At the end of the consultation, we will advise you of the next steps, fees for us to act for you and the possible outcomes. Our aim is to ensure you have been provided with clear information and direction, allowing you to make an informed decision on how you wish to proceed.

2.        The Person who will deal with your case:

Your instruction will be dealt with by Julie Herbert. You will be informed immediately should Julie not be available and you will be provided with details of the person who will deal with your instruction. You will be provided with a direct telephone number and email address so that we can communicate with you effectively.  If at any time we are unavailable when you contact us, you can leave a message, or email and your call/email will be returned within 24 hours. We aim to respond to clients the same day.

3.        Our Charges

Our charges vary depending on the service that you require. We offer a fixed fee for each service, in order to help you budget and to provide you with transparency. You will be provided with a clear itemised bill setting out fees payable. The fee is payable prior to work being undertaken, unless a prior arrangement has been made for payment to be made in instalments. Any disbursement fees such as court fee, Advocate fees must be paid to us in cleared funds prior to us carrying out the required works. At the end of the free 15 minute consultation we will email or write to you, setting out details of the consultation, the options available to you going forward, any recommendations, risk exposure and the likely costs to conclude.

In the event it appears that the cost of the case is at risk of a significant increase we will contact you and provide you with a revised estimate of costs and the reasons why it is possible that fees will be over and above those quoted. This is only likely if a matter is disputed by the opposing side.

4.        Timescale:

When we have full details of the service that you require, we will immediately provide you with a clear guide setting out the timings in which your instruction will be concluded. Such timings are often dependant on civil procedure rules and statute. We will ensure you are fully informed of legislative timings, for example; the period of time in which a notice can expire. Each service varies in timescale. We will email/write to you on the same day as your initial consultation. We will always endeavour to return your email/message the same day, but certainly within 24 hours.

5.        Payment on Account

Upon acceptance of fees we will ask for payment on account. We accept credit or debit card, paypal, bank transfer or cheque. We reserve the right not to do any further work for you on your case until your bill is paid and any further payment on account that has been requested has also been made.  In the event a bill is not paid within one month, we reserve the right to add interest at the rate of 8% per annum on the full amount outstanding.

6.        Alternative Funding 

If you believe you may be entitled to public funding (legal aid), you can contact the Legal Aid Agency on 0300 200 2020 or visit Legal aid – GOV.UK to ascertain whether you are eligible. You can also discuss this with us as we may be able to recommend a legal aid law firm.

It is advisable for you to check to see if you hold any legal expenses insurance, this may be on your car or household insurance. If you are eligible for such cover, please inform us so that we can contact your insurance company.

7.        Identification

We will ask you to prove your identity and address by providing us with a copy of your photographic identification such as a driving licence or passport (which must be in date), together with proof of address such as a utility bill, bank statement (which must be dated within the last 3 months). We accept photocopy documents, which can be emailed to us.

8.        Terminating your Instruction 

If you wish to terminate your instruction to us, you will need to do so in writing by letter or email. You may terminate your instruction to us at any time.

9.        Complaints

In the event you are not satisfied with the level of service provided to you, the complaints procedure is that you must first raise your concern directly to Julie Herbert at julie@landlordlitigation.co.uk. Julie will respond to you within 48 hours of receipt of your complaint. Should you not be satisfied with Julie’s response then please put your complaint and reason of your dissatisfaction of resolution in writing. 

If the matter is not resolved you can make a complaint to the Professional Paralegal Register or the Institute of Paralegals, setting out the date and nature of your complaint, the person with conduct of your case and what action has been taking by us in order to satisfy your complaint. You will also need to include what it is that you wish to happen. You will receive a written reply from the Institute of Paralegals in response to your complaint, with a view to resolving the issue.

GDPR – Privacy notice

Introduction

We care about your data and ensure to adhere to our privacy practices at all times. We will not share your data with anybody unrelated to your instruction. We aim to provide clear and concise details of our privacy practice. Please take the time to read our privacy practice carefully and contact us with any questions or concerns about our privacy practices. The privacy notice applies to information taken from our website, purchases, newsletter, instruction of services.

Who we are

Julie Herbert Trading As Landlord Litigation controls the data held. Julie Herbert can be contacted on 07715 532679, or 01622 438551 and at 43 Earl Street, Laurel House, Maidstone, Kent, ME14 1PD.  You can contact Julie Herbert by phone, email or in writing if you have a complaint or any questions relating to your data.

You also have the right to lodge a complaint to the Information Commissioners Office:  ICO, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Tel: 0303 123 1113

What information do we collect?

We collect names, addresses, phone numbers when you instruct us to carry out a legal service. This is collected when you complete an instruction form or if you sign up to our newsletter;

We collect identification details when you appoint us to carry out a legal service.  The data is stored on our computer software which is secure and protected.

Personal data such as bank details and debit/credit card are collected when payment is made for our services. Such details are never written down, the details are entered directly into payment software which is safe and secure.

How do we use personal information?

Data is processed to allow us to set up a file for your instruction and to allow us to have full and clear information relating to the documentation required to allow us to advise and guide you accurately. We may wish to contact you to carry out a poll or survey, but you will have the opportunity to opt out of such polls or surveys. It is our legal and professional obligation under the code of conduct in which we are governed to collect data for prevention of fraud, money laundering and to meet internal audit requirements.

When do we share personal data?

We may share this information with third parties in order to properly conduct your case, such as the court representative, advocate, barrister, or the Institute of Paralegals.

Your rights

You have the right to access any personal information that we process about you and to request information about what personal data we hold about you, why we are holding that information, the source of that information and to whom that information has or will be disclosed. 

If you believe that we hold any incomplete or inaccurate data about you, you have the right to ask us to correct/amend the information and we will update/correct it immediately, provided able. In the event we are not able to, we will notify you as to why and what steps you can then take.

You have the right to ask us to delete your personal information or to restrict the way we use your personal information. We will inform you if your request is possible under current regulations and inform you to what extent your request has been processed.  

We will send all original documents to you at the end of your case and will then keep your file for at least 6 years from the date that the case ended, when we will then destroy the file.

As a member of the Professional Paralegals Register, Julie Herbert agrees to:

  • Act with integrity and professionalism.
  • Act in the best interests of our client taking due care skill and diligence.
  • Undertake work and service for each client with due skill, care and diligence.
  • Comply with our duty to the court in the administration of justice.
  • Deal co-operatively with the PPR.
  • Ensure equality of opportunity.
  • Maintain financial soundness including acting under adequate professional indemnity insurance and such other insurance as required.

 The Professional Paralegal Register says that a legal services provider must:

RULE 1: Act with integrity and professionalism

1.A      Act honestly, professionally and with integrity in all dealings in your professional life and not allow yourself to be compromised.

1.B      You must not give false or misleading information to anyone with whom you deal.

1.C      You must not be misleading or inaccurate when you publicise yourself as a Paralegal or your business.

1.D      You must not enter into any fee arrangements which are unlawful.

1.E      You must act in a way which promotes trust from the general public and in the profession of Paralegals.

RULE 2: Act in the best interests of the client

If you would like to make a complaint please contact info@ppr.org.uk

RULE 3: Maintain financial soundness

3.A      You must run your business or carry out your role within the business in accordance with sound financial principles.

3.B      You must maintain systems and controls for monitoring the financial stability of your business and take steps to notify the PPR and address issues identified.

RULE 4: Provide a good quality of work and service to each client

4.A      You must only undertake work for which you are properly qualified.

4.B      Work must be undertaken with due skill, care and attention, with proper regard for the technical standard expected of you. If you do not have the knowledge, skills or experience to undertake the work you must decline it.

4.C      You must ensure that you carry out your professional work in a timely manner with proper regard for standards of professional service and care.

4.D      You must comply with Rule 6 of the Paralegal Practitioners’ Rules if you are Tier 2 or above which requires you to maintain Professional Indemnity Insurance.

4.E      You must keep your professional knowledge up to date by undertaking relevant training in accordance with current Paralegal Practising Rules.

4.F      You must keep the client regularly informed as to the progress of the work and keep accurate records of that work.

4.G      You must ensure that clients are able to make informed decisions about the work being undertaken on their behalf and the cost of that work.

RULE 5: Your duty to the court in the administration of justice

5.A      You must at all times act within the law.

5.B      You must not knowingly or recklessly either mislead the court or allow the court to be misled.

5.C      You must comply with any court order which places an obligation on you and you must not be in contempt of court.

5.D      You must advise clients to comply with court orders made against them.

RULE 6: Deal with the PPR in an open & co-operative way

6.A      You must be open, honest and co-operate in your dealings with the PPR by responding to any requests promptly and fully within 14 calendar days.

6.B      You must immediately notify the PPR of any breach of this Code by yourself or other Paralegals.

6.C      You must disclose any other information about yourself which the PPR would reasonably expect to be notified.

6.D      You must not take any action to prevent anyone from reporting you to the PPR.

6.E      You acknowledge that the PPR is subject to the requirements of the Freedom of Information Act 2000 (as amended) and shall assist and co-operate with the PPR to enable the PPR to comply with any information disclosure requirements.

RULE 7: Treat everyone with dignity and respect

7.A      You must treat all clients and third parties with dignity and respect. You should encourage equality of opportunity and must not unlawfully discriminate against them, either directly or indirectly, victimise or harass them on the grounds of age, disability, race, ethnic or national origin, sex, gender reassignment, pregnancy and maternity, marital status (including civil partnerships), sexual orientation, religious belief.

7.B      Article 10 of the European Convention on Human Rights provides the right to freedom of expression and information, subject to certain restrictions that are “in accordance with law” and “necessary in a democratic Society”.  This right includes the freedom to hold opinions and to receive and impart information and ideas.

The PPR may limit these rights in accordance with the law if it considers it necessary for the prevention of crime; the protection of the reputation or rights of others; for preventing the disclosure of information that has been received in confidence.

MISSION, VISION & VALUES

Our Mission

  • Providing clear advice and support for landlords, letting agents and tenants in landlord and tenant law and debt recovery. Giving clients access to expert legal knowledge and the highest standards in practice and ethics. Giving value for money and communicating effectively.
  • To support the Institute of Paralegals in seeking Chartered status.

Our Vision

To be a contender as one of the top 5 Paralegal Legal Services Providers by 2022.

Our Values

Professional – We adhere to the code of conduct set out by the Institute of Paralegals and Paralegals Register. We adhere to our policies and procedures. We act with integrity and conduct ourselves in a professional manner, acting with the best interest to our client at all times.

Communication – We communicate by telephone, email or letter without delay. We know that clients do not like to be left waiting to hear from their legal representative and so we make a conscious effort to ensure communication is at the forefront of our duty of care.

Passionate – We care about our clients, we care about the industry and we care about doing things the right way. Happy clients make us happy. The best possible outcomes are key to our way of approaching an instruction, always looking outside the box, leaving no stone unturned.

Experience – Nearly two decades of experience in landlord and tenant residential allows us to share our experiences with clients and each other, using such experiences to make first hand decisions. Sharing our experience gives our client the confidence and acknowledgement that we are the most suited for the job.