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Change of Name Deed - Terms and Conditions

1. Guarantee

Craig Gee solicitors have the legal knowledge and experience to confidently assert that your Change of Name Deed will be acceptable as documentary evidence of your name change by any United Kingdom government department including the UK Passport Office and the DVLA. If however your Change of Name Deed is rejected then we will be give you a full refund. We will however need to speak to the organisation involved to establish their reason for rejecting the Change of Name Deed. Subject to the exceptions listed below there should not be any valid reason for the rejecting the Change of Name Deed and we are confident that we will overcome any initial rejection.

2. Exceptions to our guarantee

Please note that the following documents can not be changed because you have a Change of Name Deed – Marriage Certificate, Decree Absolute of divorce, Birth Certificate, Past Education Certificates eg a degree.

3. Mistakes

If we have made a typographical error or misspelt any part of the Change of Name Deed then please inform us within three months of receiving the Change of Name Deed and we will provide a correct Change of Name Deed within seven days free of charge.

If, however the mistake is due to the information being provided incorrectly by you then we will provide a replacement upon the same terms as the original purchase of the Change of Name Deed.

4. Cancellation Rights

Under the UK Consumer Protection (Distance Selling) Regulations 2000 a consumer may cancel an order within seven working days. However, as the Change of Name Deed is drafted and sent to you within the seven days of your order, then you may only cancel the order before we have started to draft the Change of Name Deed. Please note that if the Change of Name Deed is being purchased on line then this may be automated instantly. This complies with Section 13.1(a) of the Distance Selling Regulations. Thus by placing the order for a Change of Name Deed you agree to waive your right of cancellation under that Regulation.

5. Disclaimer

Craig Gee Solicitors have taken great care to provide accurate information in this website. If despite this there are any parts which appear to be misleading or inaccurate then please notify us so that we may address your concerns. We will not however be liable or responsible for any loss, damage or other inconvenience caused as a result of any inaccuracy or error within the pages of this website.

General Standard Terms of Business for all aspects of work undertaken by Craig Gee Solicitors

Introduction

Our firm prides itself on its quality of work combined with approachability and friendliness of staff. Whilst we have introduced a quality controlled system for delivery of our legal services and believe that we have an enviable reputation for providing excellent service and value for money, we are constantly seeking to improve on the quality of service that we provide and we would welcome any comments that you have on either general or specific points for improvement in the service that we deliver.

Responsibility for the work

I, Craig Gee, am the Principal of this firm. Myself and everyone here will do our best to see that your case is handled with care and is dealt with expeditiously.

I shall carry out most of the work in this matter but you can also contact my secretary who will be familiar with your file. If she is not able to help you, she will be pleased to take a message from you.

I have ultimate responsibility for this matter. We aim to offer all of our clients an efficient and effective service; I am confident we will do so in this case. However, should there be any aspects of our service with which you are unhappy about, then please contact me without delay so that we may try and resolve any such problems. If for any reason we are unable to resolve the problem between us, then whilst we are regulated by the SRA, you may submit your complaint to the Legal Ombudsman, full details can be found at www.legalombudsman.org.uk, which also provides a complaints and redress scheme.

E-mail communication

If you wish to use e-mail as a means of communication we will do so. Indeed it is the form of communication preferred by this firm for the reasons sent out below. However we must make it clear that internet e-mail is not a completely secure means of communication. This means that e-mail between us containing confidential or legally privileged information could be intercepted, although the risk of this is small, you must be aware that we cannot ensure complete confidentiality. If you are happy to e-mail us then please note this lack of security. If you do e-mail us we will take it that you have no objection to us e-mailing you but we will strive to ensure that sensitive information is not sent by this method.

Craig Gee Solicitors are constantly striving to maintain a modern forward approach and in this regard and for reasons of preventing waste, maintaining ecology and efficiency we shall endeavour to communicate via email where possible. This will achieve quicker communication and will save costs.

If there is any part upon which you do not agree and feel that we are mistaken or have misunderstood the position then please let us know as soon as possible so that I may take remedial action. Similarly if there are any additional matters that you wish to bring to our attention then please let me know so that we can take the appropriate steps

It is essential that you keep us informed immediately of any change in your address and telephone number. If we are unable to contact you we will be forced to abandon your claim.

It is essential you keep the costs as low as possible by ensuring you yourself do not increase these unnecessarily and that whenever requested you promptly provide us with information requested and always immediately reply to our letters and messages.

The agreed level of service appropriate to this claim is as follows:

We will act in your best interest at all times, we will update you at all key stages and seek instructions from you as necessary. We will endeavour to return all telephone calls, answer any queries and correspondence as promptly as circumstances permit.

Proceeds of Crime Act 2002

The normal rule is that whatever you tell me or anyone else in the firm is covered by legal professional privilege and is confidential between us and cannot be disclosed to anyone else. However under the provisions of the Proceeds of Crime Act 2002 we are under a duty to disclose to the Government (in the form of the National Criminal Intelligence Service) any information that you give us that indicates the existence of the proceeds of criminal conduct. This includes tax evasion and benefit fraud. We are forbidden from telling you that we are disclosing this information to the Government. If we do not disclose it to them we are committing a criminal offence.

Limitation of Liability

Our liability for any claim or claims shall be limited to a total of £3m. This sum includes damages and costs. If we are jointly or jointly and severally liable to you with any other party we shall only be liable to pay you the proportion which is found to be fairly and reasonably due to our fault. We shall not be liable to pay you the proportion which is due to the fault of another party. This paragraph is subject to the minimum £3m restriction on limiting liability prescribed by the Law Society of England and Wales.

These limits on our liability shall apply to work done under this contract and any future work unless we agree different terms with you.

We shall not be liable for any loss arising from or connected with our compliance with any statutory obligation which we may have, or reasonably believe we may have, to report matters to the relevant authorities under the provisions of the money laundering legislation.

We believe the limitations on our liability set out in this section are reasonable having regard to the availability and cost of professional indemnity insurance and possible changes in its availability and cost but are happy to discuss the limit with you if you consider it insufficient for your purposes and investigate options of providing further cover at extra cost.

If any part of this section of our engagement letter is found by a Court to be void or ineffective on the grounds that it is unreasonable or does not accord with any professional obligation, the remaining provisions shall continue to be effective.

To the extent that it is effective in law to do so, these Terms of Business also limit our liability our to those who are not our clients but who it is foreseeable may benefit from or be affected by the services we provide, to the same extent as if they were a client of this firm. This limitation shall not be interpreted as an assumption of liability on our part to anyone who is not our client.

Consent to disclosure of confidential information

By signing these terms and conditions of business and returning it to us you authorise us to disclose to the other parties in the transaction and, if applicable to all other parties in the chain of transactions and their agents and advisers, all information which we have in relation to your involvement in the transaction including any related sale or mortgage and other financial arrangements and wishes as to dates for exchange and completion. You may withdraw this authority at any time but if you do so you should appreciate that we will inform the other party or parties and their agents or advisers that this authority has been withdrawn.

Securing consent to use of non-confidential methods of communication

We will aim to communicate with you by such a method as you may request. We may need to virus check discs or e-mail. Unless you withdraw consent, we will communicate with others when appropriate when appropriate by e-mail or fax but we cannot be responsible for the security of correspondence and documents sent by e-mail or fax.

Lien

You may terminate your instructions to us in writing at any time but we will be entitled to keep all your papers and documents while there is money owing to us for our charges and expenses.

The common law entitles us to retain any money, papers or other property belonging to you which properly come into our possession pending payment of our costs, whether or not the property is acquired in connection with the matter for which the costs were incurred. This is known as a “general lien”. We are not entitled to sell property held under a lien but we are entitled to hold property, other than money, even if the value of it greatly exceeds the amount due to us in respect of costs.

If we are conducting litigation for you, we have additional rights. In any property recovered or preserved for you whether it is in our possession or not and in respect of all costs incurred, whether billed or unbilled. We also have a right to ask the Court to make a charging order in our favour for any "assessed costs".

Foreign Jurisdictions

We are not in a position to and will not advise you in relation to aspects of the matter relating to foreign jurisdictions. This includes circumstances where the matter relates to an overseas transaction but is subject to English law. In all such cases we think it is important that you instruct a local lawyer to advise you how your position might be affected in the local jurisdiction, and we would be pleased to provide you with the names of advisers we have previously dealt with or who have been recommended to us.

Litigation Confidentiality

In order to comply with the Court and Tribunal Rules and Procedures, all documentation relevant to any issues in litigation, however potentially damaging to your case, should be preserved and may be made available to the other side. This aspect of proceedings is known as “disclosure”. Subject to the obligations on disclosure, our partners and staff will not reveal confidential information about your case. There may be circumstances however beyond disclosure where, for example, an insurer is paying your costs, that we have to meet obligations to them to reveal details of the case. We also reserve the right to instruct third party contractors and to use outsource resources in the needs of our business, to whom we may make available confidential information, but only having endeavoured to obtain an agreement as to confidentiality from such third party.

Equality and Diversity

This firm is committed to promoting equality and diversity in all its dealing with clients, third parties and employees. Please contact us for a copy of our equality and diversity policy.

Working papers, correspondence and other documents

In the course of providing our services to you we acquire and originate a range of documentation. According to its nature, this documentation is either your property or is our property. We do not segregate such documentation according to legal ownership.

Unless otherwise agreed in writing we shall retain documentation for a period that accords with our documentation retention policy from time to time. Our present policy is to retain documents for engagements of this type for six years. We reserve the right to destroy documents after a shorter period if our policy changes.

Documentation that is your property will be returned to you on request within these time periods at your expense.

Applicable Law

This engagement letter shall be governed by, and construed in accordance with English law. The Courts of England shall have exclusive jurisdiction in relation to any claim, dispute of difference concerning the engagement letter and any matters arising from it. Each party irrevocably waives any right it may have to object to an action being brought in those Courts, to claim that the action has been brought in an inconvenient forum, or to claim that those Courts do not have jurisdiction.

Contracts (Rights of Third Parties) Act 1999

For the avoidance of doubt, it is not intended by the parties to this engagement letter that any term which may be construed as conferring a benefit on any person who is not a party to this engagement should be enforceable by such party.

Proof of Identity

In order to comply with the law on money laundering, we need to obtain evidence of your identity as soon as practicable. We should be grateful therefore if you would provide us with documents to verify your identity and address such as driving licence or passport and a document as evidence of your address such as a utility bill or bank statement.

Confidentiality

Solicitors are under a professional and legal obligation to keep the affairs of clients confidential. This obligation, however, is subject to a statutory exception: recent legislation on money laundering and terrorist financing has placed Solicitors under a legal duty in certain circumstances to disclose information to the Serious and Organised Crime Agency. Where a Solicitor knows or suspects that a transaction on behalf of a client involves money laundering, the Solicitor may be required to make a money laundering disclosure. If this happens, we may not be able to inform you that a disclosure has been made or of the reasons for it.

Cash

Our firm’s policy is that we only accept up to £500 cash or £1,000 if it is in payment of a bill. If clients circumvent this policy by depositing cash direct with our bank we reserve the right to charge for any additional checks we deem necessary regarding the source of the funds.