Terms of Business
The terms we, our, us, the Firm, Stephensons shall refer to Stephensons Solicitors 57-59 High
Street Brierley Hill West Midlands DY5 3ED and The Cottage High Street Wombourne WV5
9DN. We are authorised and regulated by the Solicitors Regulation Authority Numbers 55861
The terms you or your, refer to our client, the person, people or entity by whom we are
instructed. We will be entitled to assume whoever is providing the instructions has the
authority to do so and in the case of a company or partnership that the person has brought
the terms and conditions to the attention of the directors and partners. We shall be entitled to
rely on any information provided to us by you. We have procedures in place to ensure conflict
of interest checks are made as soon as practicable so as to ensure we fulfil our professional
obligations. If at any time you become aware of an actual or potential conflict you must inform
us immediately.
The term Matter will refer to the specific transaction for which you have instructed us.
The term Fee Earner shall refer to the solicitor, legal executive and paralegal who will be
dealing with your matter.
The headings in these Terms are for convenience only and shall not affect their interpretation.
These Terms of Business are subject to change from time to time and are updated for your
information on our website www.stepehensosnthelawyers.co.uk
Any disputes or claim arising out of or in connection with there Terms of Business or the Client
Care Letter shall be subject to the exclusive jurisdiction of the Courts of England & Wales
All services provided by us are regulated by the Solicitors Regulatory Authority our
authorisation number is 55861
We are registered for VAT purposes, our VAT registration number is 277 8803 09
1. Communications between us
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Stephensons offices are open between the hours of 9am to 5pm each weekday. Wombourne
office is closed between 1pm and 2pm each weekday.
In the course of this retainer, we may communicate with you via e-mail. You should be aware
that the internet is not a secure medium and we cannot guarantee the security or integrity of
such communications. We will use reasonable procedures to check for the most commonly
known viruses before sending information electronically but shall have no liability to you in
respect of any error or omission arising from or in connection with such communications. If
you do not wish us to communicate with you electronically, please discuss this with us and we
will make appropriate alternative arrangements.
2. Responsibilities for Work
The name and status of the person responsible for handling your matter will be notified to you
at the onset of your matter. If he/she is unavailable you will be able to leave a message with
either his/her secretary or our reception team.
You will be notified which Partner will have ultimate responsibility for your matter.
We will provide the services set out in the engagement letter that accompanies these Terms.
If there are any conflicts between these Terms and those contained in the engagement letter,
the latter will apply.
3. Fees and Disbursements
3.1 Fees will either be a fixed fee agreed with you at the outset of the matter or will
be calculated by reference to time spent by us in dealing with your matter and
having regard to all the circumstances of the matter and, in particular, to the
specialised knowledge and responsibility involved, the importance of the matter
to you, the value of the consideration and the urgency of the matter. You will
be notified separately at the beginning of the matter of either any fixed fee
agreed with you or our current charge out rates.
3.2 The fees charged in this matter cover the work you have instructed us to
undertake. In some matters there may be a change in circumstances or issues
of exceptional complexity or urgency may arise, where it becomes apparent
that such circumstances exist, we reserve the right to vary the Fees. If we are
instructed to undertake further work, we will make an additional charge.
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3.3 VAT is charged in addition to these fees, at the current rate our VAT registration
number is 277 8803 09.
3.4 There may be certain other expenses (known as disbursements) which we
incur on your behalf such as court fees, land registry fees and stamp duty by
instructing us you are authoring us to incur such expenses as we consider
appropriate in the conduct of your matter. We reserve the right to charge for
the copying of documents, travel costs and special delivery including couriers
and other non-routine methods of posting without seeking your prior authority.
We will seek your authority before incurring unusual or exceptional
disbursements.
3.4.1 When paying disbursements on your behalf in such cases where they
are paid directly out of our office account by way of direct debit and or bulk
payment, we will seek a reimbursement from client account in accordance with
rule 5 of the Solicitors Accounts Rules.
3.5 We reserve the right to seek payment of fees and disbursements where
considered appropriate. If payment is not made when requested we reserve
the right to suspend any further work until payment is made.
3.6 Should the matter not be carried through to completion for whatever reason a
charge will be made in respect of the work already undertaken together with
VAT and disbursements incurred. If a fixed fee has been agreed this may be
a proportion or the full value depending on the amount of work been done.
3.7 If we agreed to act for you on a conditional fee agreement (CFA) the terms of
that agreement will be incorporated into these terms. If there are any
inconsistencies between these terms and the CFA, the provisions of the CFA
will apply.
3.8 Any monies held by us on your behalf on account of costs and disbursements
may be utilised towards discharge of any bills of costs or disbursements
immediately upon rendering without the need for prior authority from you.
3.9 Our charge out rates are reviewed on the 1st January in each year in the event
that there is an alteration to these rates that may affect your matter you will be
notified by us.
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3.10 If a CHAPS payment is necessary there will be a fee charged of £30.00 plus
VAT. Should it be necessary to make a BACS payment to a third party or
yourself there will be a fee payable of £15.00 plus VAT of £3
3.11 It is this firm’s policy to carry out a Lawyer Check at the outset of every
transaction the fee for this is £18.00 plus VAT of £3.60
3.12 If your matter is lodged on the LMS Portal via your lender there will be an
additional fee charged by LMS added to your bill of £35 plus VAT of £7
4.Bills
4.1 It is the firms normal practice to request a payment on account of anticipated
costs and expenses. Any amount paid by you on account of future work will be
held in our client account pending that work being billed or the expense being
paid by us.
4.2 The firm may as the matter proceeds deliver interim bills to you for work carried
out to date. These bills will be regarded at statutory bills. In relation to most
transactions, we will send you a bill on or shortly before completion of the
matter. If we hold sufficient funds in our client account on completion and we
have sent you a bill, we will deduct our charges from these funds.
4.3 Payment of our bills is expected on receipt of our invoice. We reserve the right
to charge you interest on the amount you owe at the rate payable on judgement
debts from one month after you receive the bill. You will be deemed to have
received the bill within three working days of the bill date. If you have any query
about the bill, please contact the person handling your matter straight away. If
we hold money on your behalf in relation to any other matter, we may without
reference to you take such money in payment or part payment of our bill,
whether such bill is overdue or not.
4.4 The narrative on your bill setting out the work done for you will only be a brief
indicative paragraph unless you ask at the outset for a full detailed narrative bill
of costs.
4.5 We reserve the right to suspend work on or to withdraw from all matters on
which you have retained us if you fail to settle any bill, interim or final, in full
within one month of it being delivered to you, or if you do not, when requested
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by us advance monies on account of fees and disbursements. We may agree
payment schedules with you if requested. If you fail to make payments on the
due date, we reserve the right to cease to act on your behalf until the
outstanding sums are discharged.
4.6 Any bills issued to you, whether interim or final should be regarded at statutory
bills. As such any such bill is open to challenge by you by invoking our
complaints procedure set out in these terms. Furthermore, you may also have
the right to object to the bill by applying to the court for assessment of the bill
under Part III of the Solicitors Act 1974. You should read the important
information which is printed on the reverse of all bills we issue.
4.7 Unless we have agreed to act for a fixed fee our charge will be calculated
mainly by reference of time spent dealing with your matter, but will also take
into account complexity, value, and urgency.
4.8 Each legal advisor has an hourly rate of charge calculated in accordance with
the formula suggested by the Law Society.
5. Joint & several liability
5.1 If you instruct us with another person or entity then your obligations to make
payment of our bills shall be joint and several. This means that each party will
be regarded as responsible for the payment of the total of the firm’s full bill.
6. Lien
6.1 We have a legal and contractual right to hold on to your file, papers or other
assets in our possession until any and all outstanding sums are paid.
7. Storage of your papers and deeds
7.1 After completion of your work, we are entitled to retain your papers and
documents while money is still owing to us. Thereafter, we will keep our file of
your papers for a minimum of 6 years. After such period we have your authority
to destroy the file.
7.2 We will not destroy original documents such as Wills, Deeds and other
securities that we have agreed to hold in safe custody, but we may, on
reasonable notice, send them to you for safekeeping
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7.3 No charge will be made to you for storing papers or deeds unless prior notice
is given to you of a charge made from a future date which will be specified in
that notice.
7.4 We do not normally make a charge for retrieving stored paper or deeds in
response to continuing or new instructions to act for you. However, we reserve
the right to make a charge based on the time we spend on reading papers,
writing letters or other work necessary to comply with the instructions. This
may include a charge for photocopying any papers and postage.
8. Client Identification – Prevention of money laundering and terrorist financing
8.1 Solicitors firms are subject to The Money Laundering and Terrorist Financing
(amended) Regulations 2022 and as such are required to obtain satisfactory
evidence of your identity. To enable us to comply with the law you must provide
us with both photographic identification and evidence of your personal address.
If you have not already done so, please provide us with one of the items in list
A and one of the items in list B. In addition, please provide your National
Insurance Number.
8.2 List A – Evidence of Name & Date of Birth – one from this list
• A current valid full passport;
• A valid HM Forces identity card with the signatory’s photograph;
• A current photo card driving licence;
• Original Birth Certificate;
• Firearms licence
8.3 List B – Evidence of current address – one from this list
• UK photo driving licence (if not already used to verify your identity);
• Current bank statement;
• Recent utility bill no more than 3 months old;
• Council tax bill for the current year;
• Local Council or Housing Association rent card;
• House or Motor insurance certificate/schedule;
• HMRC self-assessment statement or tax demand dated in the current
year;
• Mortgage statement for the current year
• Recent correspondence from a government agency e.g., DWP
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Documents we won’t accept:
• Provisional Driving Licence
• Mobile phone bill
• Credit card statement
8.4 Only originals or copies certified by a solicitor will be accepted.
8.5 We are also required to ascertain if you are a Politically Exposed Person
(PEP) or have any sanctions against you in order for us to do this we are required
to do an electronic search of you these are charged at £6 plus VAT per person
8.6 In the case of a corporate client
If you are a corporate body you must provide:
• Full Company Name
• Company Registration Number
• Address of registered office
• Address of principle place of business
• Names and addresses of two company directors
• Names and addresses of senior persons responsible for its operations
Regulation 43(1) of the Money Laundering, Terrorist Financing and Transfer of
Funds (information on the Payer) Regulations 2017, imposes an obligation on
corporate bodies (other than listed on a regulated market) to provide
information outlined above before we are able to enter into transactions or form
a business relationship with you.
9. Money Laundering and Notification to NCA
9.1 Under certain statutory provisions this firm, like all firms of solicitors, may be
obliged, without reference to you, to make a disclosure to the National Crime
Agency (NCA). This is where the firm knows or suspects that a person is or
has engaged in money laundering arising from any form of criminal activity
unless professional privilege applies. We there reserve the right to give such
notices as we deem appropriate without notifying you at any time.
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9.2 We will be obliged to ask questions and obtain evidence of proof of funding if
this information is not already available to us.
9.3 Where we have to pay money out to you this will be done by way of cheque or
transfer. It will not be paid in cash or to a third party.
9.4 We will not be liable for any loss, damage or delay arising out of this firm’s
compliance with any statutory regulatory requirement.
9.5 we are professionally and legally obliged to keep your affairs confidential
however, we may be required by law to make a disclosure to the National Crime
Agency where we know or suspect that a transaction may involve money
laundering or terrorist financing. If we make a disclosure in relation ot your
matter, we may not be able to tell you that a disclosure has been made. We
may also have to stop working on your matter and may not be able to tell you
whey until the matter is resolved.
9.6 subject to the above, we shall not be liable for any loss arising from or
connected with our compliance with any legal obligations or, reasonable belief
we may have to report matters to the relevant authorities under the provisions
of the money laundering and or terrorist financing legislation
10. Cash Limit
10.1 We will not accept any cash sum exceeding £500.00 for any one transaction
11. Payment to you
11.1 Where we have to pay money to you, this will be done by cheque or bank
transfer. It will not be paid by cash and no payments will be made to an
unrelated third party to the transaction.
12. Data Protection Act
12.1 Your personal data, which will be used to provide legal and other services to
you, is protected by the Date Protection Act 2018 and General Data Protection
Regulation (EU GDPR) and is confidential. Our use of your data is subject to
your instructions. Please note that our work for you may require us to give
information to third parties such as experts and other professional advisors.
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You have the right of access under Data Protection Legislation to the personal
date we hold about you. We may from time to time send you information that
may be of interest to you. If you do not wish to receive any such information,
please notify our office in writing.
Under regulation 40 of the Money Laundering Regulations 2022 we must keep
a copy of the documents and information we have obtained to fulfil our Client
Due Diligence obligations and sufficient supporting records of the transaction
to enable it to be reconstructed for a period of five years following completion
of the transaction or the end of the business relationship.
We will however continue to hold your personal data on file until it is
subsequently destroyed which may exceed a period of 5 years.
12.2 Consent
We are required to obtain your consent to use and store any personal
information we obtain from you in the course of the transaction we have been
retained for.
Why are we collecting personal data?
We are collecting personal information from you that is relevant and required
to enable us to complete your transaction.
Who will use the data?
Your personal information will be used by Stephensons and, any third party
relevant to the transaction for example, Bank or Building Society providing you
with a mortgage, Solicitors acting on the other side of your transaction, HM
Land Registry, HM Revenue & Customs (this list is not exhaustive). If we did
not have your consent to use and share your information with relevant third
parties, we would be unable to complete your transaction.
Who will we share the data with?
The information will be shared with relevant parties to the transaction only. It
will not be sold to any outside organisation or used for marketing purposes.
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Where is the data kept?
The information is kept at the offices and storage facilities of Stephensons
either on physical paper files or electronically on a secure server.
How long will we keep the data?
The information will be kept in line our regulating bodies guideline for a
minimum of 6 years.
Withdrawal of consent
You may withdrawal your consent at any time in writing to this office or email
to the person with conduct of your transaction however, if this is done before
the transaction is concluded we will be unable to continue to act for you.
Signing of the consent
By signing this consent, you are agreeing to the terms of this consent that
Stephensons and any third party relevant to your transaction will have access
to any personal information you provide to
12.3 Marketing Preferences
Stephensons needs your permission to tell you about products and services
that could benefit you, or save you money. They won't sell your details, and will
only get in touch occasionally using the contact details you’ve given us, and
you can opt out at any time.
13. Equality & Diversity
13.1 We are committed to promoting equality and diversity in all our dealings with
client’s, third parties and employees. We comply with our obligations under the
Equality Act 2010. A copy of our policy is available on request.
14. Third Party Rights
14.1 The service provided by the firm are for your benefit only and solely for the
matter to which they relate and confers no benefit upon any third party.
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14.2 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this
agreement and no person or entity other than you and Stephensons shall have
any rights under it.
14.3 Our terms of business may be varied or amended or the agreement suspended
cancelled or terminated without the consent of a third party.
15. Copyright & Intellectual Property
15.1 We retain the Copyright and Intellectual Property Rights in any documents we
create for you. You have the right to use these documents for the purposes
made and for business records. You may not use those documents for any
other purposes without written permission. We accept no liability if you do.
Documents are drafted to comply with the law on the date they are produced
and to meet the needs identified in your instructions to us then. We accept no
liability for any change in the law after we drafted the document.
16. Conflicts
16.1 We have the following rights to cancel this Contract on giving immediate written
notice:
• If our own interest’s conflict with yours; or
• If a conflict of interests arises between you and any of our other clients in
relation to the same or related matters, or there is a significant risk that this
might happen; or
If any instructions you give us conflict with our professional duties or obligations
as solicitors.
17. Tax Disclaimer
17.1 Disclaimer - This contract is for the provision of Legal Services only and we will
not give any advice in relation to Capital Gains, Inheritance Tax or any other
issue relating to this transaction unless specifically mentioned in the
engagement letter that accompanies these Terms
18. Consumer Contract Regulations 2014
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18.1 Where we have not met with you and taken instructions in person, the
Consumer Contract Regulations 2014 may apply. The regulations state you
have a right to cancel this contract within 14 days without giving any reason.
The cancellation period starts the day we are instructed and will expire 14 days
thereafter.
18.2 Should you wish to cancel this agreement during the 14-day period, you can
do so be either delivering a note cancelling your instructions to this Office or by
sending it by post, fax or email. You may not, however, cancel the agreement
once I have, with your permission, started to do the work on your behalf. By
signing and returning this letter you are agreeing that to avoid any delay in the
transaction I may start work on your behalf straight away and I do not have to
wait for the cancellation period to expire. You are also agreeing that this
transaction will take in excess of 30 days to be completed.
19. CQS Protocol
19.1 This Firm is a member of the Law Society CQS under number CQS00679 and
thus will be adopting the Protocol. Under the terms of the Protocol, there are
professional obligations to which we must adhere and I must draw your
attention to disclosure and the sharing of information which will ensure the
smooth running of your transaction. By signing and returning this letter you are
agreeing to the sharing of relevant information of your transaction
20. Client Care & Complaints
20.1 We are committed to high quality legal advice and client care. If you are unhappy
with any aspect of the service you have received or are unhappy about the bill,
please contact the writer in the first instance. If you are not satisfied with their
proposals, then the matter should be taken up with the Partner responsible for
dealing with this complaint. The partner responsible for your matter is Robert
Farrow. Your complaint will be dealt with promptly, fairly and free of charge. If
the matter cannot be resolved informally, it would assist investigations if you were
to fully detail your concerns in writing.
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A copy of our complaints policy is available on request and is published on our
website at www.stephensonsthelawyers.co.uk
If, in the unusual event that we are unable to resolve the matter to your
satisfaction and you are still unhappy, you are able to take the matter up with the
Legal Ombudsman. The Legal Ombudsman investigates complaints about
service issues with Solicitors
The Legal Ombudsman expects complaints to be made to them within one year
of the date of the act or omission about which you are concerned or within one
year of you realising there was a concern. You must also refer your concerns
to the Legal Ombudsman within six months of our final response to you.
Contact details for the Legal Ombudsman are as follows:
Address PO Box 6167 Slough
Email enquiries@legalombudsman.org.uk
Telephone 0300 555 0333
You can obtain more information about complaints and what the Legal
Ombudsman can do on their website www.legalombudsman.org.uk
If you wish to involve the Legal Ombudsman you should do so no later than six
months after the date of our final response.
21. Interest paid to Clients
21.1 All client funds received by this Firm will be held in Stephensons general Client
account unless otherwise specified. Payment of any accrued interest above
the deminimis limit of £50.00 will be paid at the conclusion of your matter in line
with Barclays published clients reserve account rates.
• Client monies paid to us are held in an instant access account in order
to facilitate client transactions. As a result, you are unlikely to receive
as much interest on monies as might have been obtained had you
invested the monies yourself.
• Any interest monies we pay is gross and you are therefore responsible
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for declaring any interest for tax purposes that may arise as a result of
any interest payments we make to you.
22. Professional Indemnity Insurance
22.1 We have in place Professional Indemnity Insurance cover which meets or
exceeds the requirements of our regulatory body and mortgage lender’s a copy
of the policy is available for inspection on request. In the event of any failure
by the Firm to meet its liabilities, apart from such insurance, the Solicitors
Compensation fund is in place.
22.2 It is a condition of our professional indemnity insurer that we notify our insurer
and or broker of any circumstance which may give rise to a claim against us.
In doing so, we may disclose documents and information to our insurer, broker
and insurance advisers on a confidential basis. Out insures and brokers are
obliged to keep all information passed to them confidential
23. Financial Services Compensation Scheme
23.1 We satisfy the criteria required by the FSC. The criteria is determined by
reference to sections 382-384 of the Companies Act 2006.
24. Future Instructions
24.1 Unless otherwise agreed and subject to the application of our then current
hourly rates, these Terms & Conditions of Business shall apply to any future
instructions given to us by you.
25. Litigation, Matrimonial and Employment matters before a Court or Tribunal
25.1 If counsel (a barrister) is instructed on your behalf in connection with your
matter we will ask you to make a payment on account of counsel’s fees. If you
do not pay such sums when requested to do so, then we reserve the right to
decline to instruct counsel and or stop acting for you.
25.2 If you are successful in your court/tribunal litigation the court/tribunal may order
the other side to pay some costs and expenses to you. It is unlikely the
court/tribunal will order the other party to pay all of your costs and expenses.
Furthermore, even if you are awarded costs the other party may take time to
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pay the sum you are awarded or may not be able to pay. You should therefore
be fully aware that you are still responsible for our full charges irrespective of
whether the other side is ordered to make a contribution.
25.3 The court has the power to order you to pay some or all of the other party’s
costs and expenses. This is usual should you be successful in your action.
Such payment would be in addition to any costs and expenses we bill you.
26. Termination
26.1 You may terminate your instructions to us at any time in writing. You will be
charged for any work done up to the termination.
26.2 We may stop acting for you in accordance with Solicitors Regulatory Authority
guidelines, only with good reason and on giving you reasonable notice. This
may happen if, for example, a conflict of interest arises. You will be charged
for any work done up to termination.
26.3 If you are a consumer and your initial instructions are not given in a face to face
meeting with us or are given away from our premises, you will generally have
the right to cancel our appointment within 14 days by notice in writing. You may
not, however, cancel our appointment without incurring a charge once we have,
with your permission, started to do work on your behalf. You should carefully
read the information provided in our Engagement Letter about any right of
cancellation you may have.
26.4 We may terminate our appointment where we have good reason to do so. We
will give you reasonable notice before we terminate our appointment.
Examples of situations where this may be the case are where:
26.4.1 we consider that the relationship of trust and confidence has broken
down
26.4.2 we consider that you have lost confidence in how we are performing our
services
26.4.3 you do not provide a payment on account of legal fees within a
reasonable time of being requested to do so
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26.4.4 you do not provide clear and prompt instructions, information or
documents when asked for them
26.4.5 you act in an abusive or offensive manner
26.4.6 we have a legal or regulatory duty to do so
27. Limitation of Liability
27.1 All funds held on your behalf are held in our Client Premium Account at
Barclays Bank PLC. Stephensons will not be liable to repay any client monies
lost as a result of banking failure but, you may be able to make a claim for
compensation with the Financial Services Compensation Scheme (FSCS).
Claims to the FSCS are subject to a limit (currently £85,000.00) which applies
to each individual and small companies. If you are a corporate body, you will
not be eligible for compensation. If such a claim is necessary then we will need
to provide the scheme with your client information to enable them to process
such a claim. We will assume that you consent to such information being
disclosed unless you request in writing that your information is not disclosed.
27.2 The aggregate liability, whether to you or to any third party, of whatever nature,
whether in contract or tort (including negligence) or otherwise of Stephensons
for any losses whatsoever and howsoever caused shall not exceed
£2,000,000.00 (two million pounds) (including interest). You agree that this
represents the extent to which it is reasonable for us to bear liability, in view of,
amongst other things, the scope of the services and the risks we assume in
carrying out the services compared to the fees we receive.
27.3 We shall not be responsible for any failure to provide services on any issue
which falls outside the scope of our engagement and shall have no
responsibility to notify you of, or the consequences or, any event or change to
the law (or it’s interpretation) which occurs after the date on which the relevant
service is provided.
27.4 Your agreement is solely with Stephensons and you agree not to bring any
claim against any of the partners, consultants. employees or agents of
Stephensons. Those partners, consultants, employees or agents assume no
personal liability for the provision of services and shall be entitled to rely on
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these Terms in so far as they exclude their liability.
27.5 We can only limit our liability to the extent the law allows. In particular we
cannot limit our liability for death or personal injury caused by our negligence
27.6 We will not be liable for any consequential, special, indirect or exemplary
damages, costs or losses or any damages, costs or losses attributable to lost
profits or opportunities.
27.7 We will not be liable for any loss or damage, whether direct or indirect, caused
by any communication, whether by post, fax or email, being misdirected or
intercepted by third parties where such misdirection or interception is not a
result of our negligence.
28. Introductions & referrals
28.1 We will let you if we have any financial relationship with a third party relating to
your matter, this may involve the payment of a referral fee usually in the regio
of £50 - £150 to the referrer. We do not receive any referral fees from any third
parties. In any event, no such relationship shall compromise our obligation to
provide independent advice to you and to act at all times for you alone and in
your best interests.
29. Applicable Law
29.1 Any dispute or legal issue arising from our terms of business will be determined
by the law of England and Wales, and considered exclusively by the English
and Welch court.
30. Consumer Protection from Unfair Trading Regulations (2014)
30.1 You have a duty under these regulations that you must not mislead the buyer
by providing incorrect or ambiguous information, or by omitting to provide
material information. We would remind you that certain information will be
revealed through searches and completion of the TA6 Form with other
information becoming apparent through searches and other surveys or reports.
You are reminded that your consumer may have rights of redress against you,
including the right to unwind the transaction and seek damages.
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31. Overseas Funding
31.1 To satisfy the Money Laundering Regulations where any source funds originate
from an overseas bank account and cannot be evidenced in a 12-month paper
trail in a UK bank account we will be unable to continue with the transaction.
32. Ways to pay your Bill
32.1 Cheques should be payable to Stephensons. Bank payment can be made to
Barclays Bank Account Number 10828610 Sort Code 20-27-17 please ensure
you quote the invoice on your payment. Debit Card payments can be made in
person on over the telephone to 01384 79731. It should be noted that we do
not take Credit Card or Company Debit Card payments.
33. Banking Failure
33.1 Any monies held on your behalf will be held in our Client Premium Account sort
code 20-27-17 account number 10828610 at Barclays Bank PLC High Street
Dudley DY1 1PP. Barclay Bank PLC is a deposit taking institution authorised
by the Financial Conduct Authority
33.2 Stephensons will not be liable to repay any client mines lost as a result if
banking failure but you may be able to make a claim for compensation with the
Financial Services Compensation Scheme (FSCS).
34. Speaking to your Lender
34.1 We are also acting for your proposed Lender in this transaction, this means we
have a duty to make full disclosure to the Mortgagee of all the relevant facts
relating to you, your purchase and mortgage. That will include disclosure of
any discrepancies between the mortgage application and information provided
to us during the transaction and any cashback payments or discounts schemes
which the seller is providing you. If a conflict arises, we must cease to act for
you in this matter.
35. External Auditing
35.1 External firms or organisations may conduct audit or quality checks on our
practice. These external firms or organisations are required to maintain
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confidentiality in relation to your files.
36 Property Disclaimers
36.1 we will not carry out a physical inspection of the property, we will not advise on
the valuation of the property nor the suitability of your mortgage or any other
financial arrangements. We will not advise on environmental liabilities where
we shall assume, unless you tell us in writing to the contrary that you are
making your own arrangements for any appropriate environmental survey or
investigations. We may however, need to obtain on behalf of your lender at
your expense an environmental search.
37 Undertakings
37.1 As solicitors, we are obliged to fulfil any undertakings we may give in the course
of our work for you. Where you instruct us to give an undertaking and we will
act on your instructions you agree that: -
37.1.1 You will not withdraw or change your instructions to us in relation to the
undertaking; and
37.1.2 You will do everything you can to ensure that we are able to fulfil the
undertaking
38. Intellectual Property
38.1 Provided you pay our charges, you are entitled to use and copy for your own
purposes the product of our services, including any written advice.
However, all rights (including copyright and any other intellectual property
rights) in that product, together with our working papers and any knowledge
gained whilst providing the services, shall remain our property, and we shall
be entitled to use the same both for our own purposes and when acting for
any other client, provided we do not breach any duty of confidentiality to you.
39. General
39.1 No person other than a party to our agreement with you may enforce and terms
of such agreement by virtue of the Contracts (Rights of Third Partes) Act 1999
Revised 19.10.26
unless expressly agreed in writing. What this means is that no other person
except you has any rights under our agreement with you unless we expressly
agree otherwise with you.
39.2 Each of these terms in this document shall be regarded as independent of
every other term so that if such term or the application of any such term to any
person or to any circumstances is found to be invalid or unenforceable, then
such finding will not affect any other term or the application of such term to any
other person or circumstance.
40. Our status as a registered HMRC “Tax Advisor”
40.1 Under mandatory HMRC regulations, and the Finance Bill 2025-26 any firm
that acts as an agent and submits tax-related documents including Stanp Duty
Land Tax (SDLT) returns to HMRC is legally required to be registered as a "tax
adviser". Stephensons are a registered tax advisor/agent for SDLT purposes.
Our Agents Reference Number is GARN 006 5064 Please note that this is an
administrative label used by HMRC and does not signify that our team is
providing specialist, comprehensive tax planning or advisory services.
What We Will Do (Compliance & Administration)
We are instructed to act on your behalf to calculate your SDLT using the
Government SDLT calculator and electronically submit the relevant SDLT
return to Her Majesties Customs & Excise (HMRC). We will rely entirely on the
financial and transaction details you provide to us to complete this
administrative filing, and we do not independently verify this information. We
will process the payment of this tax on your behalf at the point of completion.
What We Will Not Do (Specialist Tax Advise)
Our role is strictly limited to the submission of the standard SDLT return and
the calculation of tax based on the information provided. Our legal services do
not include:
• Providing bespoke tax planning or mitigation advice.
• Advising on complex SDLT matters, multiple dwelling reliefs, mixed-use
properties, or unusual ownership structures.
• Assessing the availability of specialized tax reliefs.
Your Responsibility As a Tax Payer
Under UK tax law, you remain primarily responsible for your tax affairs and the
accuracy of the SDLT return. If your transaction involves complex property
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types, unusual arrangements, or if you require advice on minimizing your tax
liability, we strongly recommend you seek independent, specialist tax advice
prior to exchange of contracts. Stephensons are not liable for any penalties,
interest or additional tax resulting from inaccurate information provided by you
or changes in tax law.
Retention of Data
A copy of your SDLT return will be kept for a minimum of 6 years in accordance
with HMRC requirements
AML Compliance
SDLT work is subject to anti-money laundering (AML) supervision
