Terms of Business

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​Introduction

These Terms of Business apply to all work carried out by Thomas Bradley & Co (Scotland) LTD (“the Firm”) for our clients unless otherwise agreed in writing by you with a Senior Manager within  the Firm. Thomas Bradley & Co are a legal services firm and a member of the Society of Will Writers and Estate Planning Practitioners and are subject to its rules and codes of conduct and standards. “If work has already commenced on your case or matter then, unless you have notified us immediately in writing to the contrary, you agree that these Terms of Business apply retrospectively from date of your initial appointment with one of our team.”

 

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Our Aim

Here at Thomas Bradley & Co, we aim to provide our clients with a high-quality advice they can trust. In the interest of transparency with our clients, we trust that these Terms of Business will provide a clear and accurate basis for which our professional services will be provided.

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1. Hours of Business

Our office hours of operation are 9:00am to 5:00pm Monday to Friday. Clients are welcome to contact their case manager out with these hours by either leaving a message on our answer phone, emailing their case manager directly or by utilising the “Get in Touch” form on our website.

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2. Cooling-Off Period & Cancellations

In compliance with Section 29, subsection 29 (2) of the Consumer Contract (Information, Cancellation & Additional Charges) Regulations 2013, Thomas Bradley operates on a 14-day cooling period to allow our clients the chance to take into consideration the advice given, and cost estimate involved with their case.

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The 14-day period begins on the day following your initial consultation with one of our advisors.

 

Please note: While we endeavour to complete your services within a timely manner, time taken to conclude services is not sufficient reason to terminate the contract outside of the 14-day cooling-off period.

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If you wish to cancel services, this must be made in writing (email or signed letter).

 

Should you, after taking out services with the firm instruct us to carry out additional services, a new 14-day cooling off period shall be applied to the subsequent services only. This shall be per the same terms as stipulated in this clause.

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3.Thomas Bradley & Co Terminating Services

Should the situation arise where we deem it appropriate to halt services with you, we will provide our cancellation in writing to you.

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4. Instructions

It is our company policy that instructions, unless stated otherwise, should be made in writing to your case manager. Case managers will use their discretion regarding verbal instructions and will confirm this with those involved.

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5.Written Correspondence and Telephone Calls

All correspondence will be dealt as soon as possible, bearing in mind the urgency of the matter involved. If your query or matter is time sensitive, please advise us of this by either detailing this in your correspondence or by calling us. We will endeavour to return any phone calls on the same day, provided that a telephone number has been left with our reception team, although we trust that you will appreciate that we cannot always guarantee a same day response. We regret that meetings and interviews cannot/will not be interrupted unless there has been a prior agreement or in the event of extenuating circumstances. Please leave a detailed reason for your call with reception.

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5.1 Will and Power of Attorney Correspondence:

If you have received your draft documents and have gotten in touch with your case manager with amendments, please allow for 1-2 working weeks for your amendments to be made and resent to you. If your query is urgent, please detail this in the subject line of your query to prevent any delays.

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Please note: Company policy requires amendments to be made in writing to your case manager.

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5.2 Trust Correspondence:

If you would like to discuss or have any questions regarding your Trust, you can contact your case manager by calling into the office or emailing them. Your case manager will endeavour to answer any questions and provide updates to you in a timely manner.

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Please note: The Trust process “involves different stages, including third party participation, which is necessary for the registration of Trusts. This means the process can be lengthy and as such prolonged periods of non-contact can be expected. Whilst we endeavour to respond promptly, it may be that necessary for us to speak with third parties to receive updates or clarify any queries relating to your case.

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5.3 Conveyancing/Property/Executry Correspondence:

 

Thomas Bradley & Co frequently provides support to buyers throughout the purchasing process in conjunction with our estate agency services. In our role as intermediaries, we facilitate various aspects of the transaction by liaising between clients and our trusted third-party partners. However, there may be instances where we are unable to directly assist with certain aspects of the process. In such cases, clients will need to engage with the respective third-party partners directly. These partners, including solicitor firms, financial services firms, or accountancy firms, operate independently and may have their own charging structures, which will apply to any services they provide. We always strive to ensure our clients receive the necessary guidance and support, whether through our direct involvement or through the expertise of our carefully selected partners.

Might be worth saying this also?

“At the beginning of these processes we will evaluate the work required and advise you as early as possible should there be any parts that we would not directly assist with and will support you by recommending parties who are able to carry out such work. Throughout the process should any work we cannot carry out become apparent, your case manager will discuss this in detail with you.”

 

Your case manager will be in contact with you through each stage of the transaction via verbal and / or written communication.

 

Please note: An executry process can be lengthy and you may find it takes some time to hear back from third parties whose correspondence is necessary to wind up a person’s estate. As a result there may be periods of non-contact with us whilst a response from the relevant third-parties is anticipated​

 

6. ID Requirements

At the beginning of any of our cases, our advisors will need to obtain basic background information regarding our clients’ circumstances to provide them with accurate, tailored advice.

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We will require  forms of ID from clients, 1 valid photographic ID (e.g., driver’s license/passport) and 1 proof of address dated within the last 3 months (e.g., utility bill/ council statement) – these are required to be in compliance with Anti-Money Laundering Regulations.

 

“A crucial part of our onboarding clients process is to obtain two forms of Identification from you. This is a legal requirement in compliance with anti-money laundering regulations. This includes a valid, in date photographic ID and proof of address dated within the last three months. If you have this available at the time of your initial appointment one of our consultants will take a copy. If you do not have this at the time, a member of our legal team will request it from you when your file is processed.

 

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7. Fees

If you have been given an estimate of fees for your transaction, every effort will be made to ensure that there is no deviation from the estate without reasonable cause – should reasonable ancillary expense occur, we reserve the right to charge accordingly. If any ancillary fees arise, we will give you as much notice as possible.

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Please note for Conveyancing/Property Transactions, we charge a fee whether your transaction reaches completion – this will be in accordance with the work done on your behalf until the point of cancellation.

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7.1 Invoices and VAT

We will add VAT (where applicable) to our charge at the rate that applies when the work is done. At present, VAT is levied at the rate of 20%.

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Please note that we are required to address our invoices to our client only. If therefore, you have agreed with another party that they will be responsible for your legal fees, you should be aware that the invoice will nonetheless be addressed to you as our client and we will be obligated to look to you for payment of our costs, notwithstanding any agreement you have with a third party. The consequence of this is that VAT is not recoverable by the third party.

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7.2 Payments to Third Parties

Any fees incurred by third parties as a result of your case will be required to be made over to us before we pay these on your behalf – unless otherwise stated and agreed upon in writing. “This is with the exception of the Office of the Public Guardian for England, they will take the fee from you directly by texting or calling for payment when it passes to the registration department. If you have taken out a Trust your OPG fee is included in the price of your Trust and we will facilitate the payment.” “Any failures to pay any third-party fees when requested could result in significant delays.”

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8. Payment Terms

After your initial consultation with our advisors, you will be issued with a written breakdown of costs for services agreed upon at your consult – this is your invoice. Unless a payment plan is agreed, you will be expected to pay for your services in full prior to the completion of your case - failure or delay of payment could result in late payment fees.

 

Unless agreed otherwise, payment must be made in a guaranteed form such as BACS transfer or cheque.

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8.1 Conveyancing

If full payment has not been made on or prior to the date of settlement, your transaction will not take place.

 

If you are borrowing from a Lender (bank/building society/other lending institution) we will be entitled to request these funds to be available at least 2 working days prior to the date of entry.

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Following the settlement of your transaction and in the event that there are surplus funds available, these funds will be passed over to you no later than the fourth working day from settlement. Should you require the payment be made by BACS, note that there is an administration fee chargeable for this which will be deducted from the sums remitted.

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In the case of the Land Registration, the Keeper of the Registers may require certain writs and documents to be supplied before issuing the final Land Certificate. Obviously, such requisitions cannot be anticipated, and we may, therefore, require contacting you after settlement for funds for such documentation.

 

Often we assist buyers in the process alongside our estate agency. We act as intermediaries. In certain occasions we cannot assist and you must deal with the partner direct who will have their own charging structures.

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8.2 Wills, Power of Attorney and Trusts

If you have not agreed to a payment plan and have not paid you invoice, we will only issue draft documents watermarked “or stamped” as such until we received payment for services. Meaning, you will not have a legally binding Will or Power of Attorney or a registered Trust until you have paid off your invoice.

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8.3 Receipt of Funds on your Behalf

In any instance we receive funds on your behalf, we are entitled to deduct from the funds any outstanding/unpaid fees for work completed so long as they have been properly and reasonably charged and invoiced prior to passing the remaining balance to you.

 

9. Liability

You will be liable for payment of properly charged fees incurred on your behalf for services rendered. In the instance that the case is being carried out by us on behalf of more than one client, each client will be jointly and severally liable for any fees incurred. Where we are acting on behalf of a Limited Company, the Directors of the Company, and the person who specifically instructed us in relation to the transaction all will be personally jointly, and severally liable for our fees and outlays.

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Our liability does not extend to the following circumstances:

Your mortgage account arrangements: It is essential that you have satisfactory mortgage arrangements  in place in plenty of time for your date of entry – if you cannot provide the necessary paperwork at least 1 week prior to settlement, we cannot and will not accept responsibility for delays in settlement which may result in financial repercussions due to your breach of contract.

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“Any amendments you may require should be made over to your case manager in writing. Failure to do this may result in delays which in turn can have repercussions, such as in you not receiving your documents when you require them”

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Third Party Errors: We cannot accept liability for delays, errors or omissions which are as a result of third-party services. We recommend that should you have any doubts, you should seek written confirmation of any advice which you rely upon given by the third party.

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10. Privacy Notice

Thomas Bradley & Co will be a “controller” of the personal information that you provide to us when you instruct us to act on your behalf unless otherwise stated in this privacy notice. Your data will be handled with the upmost care and in compliance with GDPR Regulations. All of our staff have been completed and passed GDPR Training.

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When you become a client of Thomas Bradley & Co, we will collect, store, and use the personal information that you provide to us in your instructions and during our agent/client relationship. We may ask you for additional personal information during our client/agent relationship, which shall be collected, stored, and used in accordance with this privacy notice.

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Privacy Statement: We seek to reassure our existing/prospective clients that their information is being lawfully and properly collected, stored and used fairly and transparently.

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10.1 Why we need your personal information

We need to collect our clients’ personal information so that we can perform our contract with you. We will use our clients’ personal information to:

• Provide you with legal advice, including by, for example, communicating with you by email, letter and/or telephone, etc.

• Represent you as your agent in connection with your transaction; and

• Respond to and communicate with clients regarding your questions, comments, support needs or complaints, concerns, or allegations in relation to our complaints and disciplinary procedures, for example we will use your personal information to investigate your complaint, take disciplinary action, etc.

 

We will not collect data that is not required to complete your case.

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If you do not provide us with all of the personal information that we need to collect, then this may affect our ability to provide you with legal advice and / or represent you as your agent.

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We also process our clients’ personal information in pursuit of our legitimate interests to:

• Promote our services by sending clients communications in relation to other services that we provide.

• Update our clients on matters relevant to the services that we provide such as providing articles and notifications of changes in legislation that may affect their decision making and planning.

• Inform our clients of Thomas Bradley & Co’s activities and achievements; and

• To collect information in relation to performance improvement such as client feedback form and questionnaires

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10.2 Who we share your personal information with

We may be required to share personal information with statutory, regulatory or governmental bodies and organisations to comply with statutory obligations “and for the completion of certain services, such as registering Trusts or Powers of Attorney. Some of the organisations we may require to share information with include” HMRC, Registers of Scotland, Revenue Scotland, Smart search, National Crime Agency etc for the purposes of handling complaints, inheritance tax, to register deeds, Land and Building Transaction Tax submissions, AML electronic verification checks and reporting of illegal activities.

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With your permission, we may also share personal data with our professional advisors or third parties for the purposes of taking advice. If we do share personal data with external third parties, we will only share such personal data strictly required for the specific purposes and take reasonable steps to ensure that recipients shall only process the disclosed personal data in accordance with those purposes.

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10.3 Refusal to use personal information

When we process your personal information in pursuit of our legitimate interests, you have the right to object to us using your personal information for the above purposes. If you wish to object to any of the above processing, please contact us by email at info@thomasbradleylegal.co.uk or in writing to Unit 12-13, Jacobean House, 1 Glebe Street, East Kilbride, G74 4LY. If we comply with your objection, this may affect our ability to undertake the tasks above for the benefit of you as a client.

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10.4 How we protect your personal information

We store your personal information on our electronic filing system on UK based servers and is accessed only by employees of Thomas Bradley & Co for the purposes laid out above. We store physical paper files in our secure storage facility known as Legal Store.

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10.5 Your rights

You can exercise any of the following rights by writing to Unit 12-13, Jacobean House, 1 Glebe Street, East Kilbride, G74 4LY or emailing info@thomasbradleylegal.co.uk. Your rights in relation to your personal information are:

• You have a right to request access to the personal information that we hold about you by making a “subject access request”.

• If you believe that any of your personal information is inaccurate or incomplete, you have a right to request that we correct or complete your personal information.

• You have a right to request that we restrict the processing of your personal information for specific purposes; and

• If you wish us to delete your personal information, you may request that we do so in writing.

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Should you have any questions regarding these Terms of Business, please contact us in writing to either info@thomasbradleylegal.co.uk or addressed to Unit 12-13 Jacobean House, 1 Glebe Street, East Kilbride, G74 4LY.

 Unless we received a written declaration stating otherwise, it is assumed that you agree with the contents stated in these Terms of Business.