Tel: 01372 477 188
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Established 2001
Atkins & Co are authorised and regulated by the Solicitors Regulation Authority, No 00345241

Helpful Information

Privacy Notice
Privacy Notice
This is the privacy notice of Atkins & Co Solicitors of Thames House, 77A High Street, Esher, Surrey KT10 9QA.

Introduction

1. This is a notice to inform you of our policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.
2. We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.
3. Our policy complies with UK law accordingly implemented, including that required by the EU General Data Protection Regulation (GDPR).
4. The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. We do this now, by requesting that you read the information provided at www.knowyourprivacyrights.org
5. Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.

The bases on which we process information about you

The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.
If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.
If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

1. Information we process because we have a contractual obligation with you
When you sign a retainer with us or otherwise agree to our terms of business, a contract is formed between you and us.
In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.
We may use it in order to:

1.1. verify your identity for security purposes
1.2. provide you with our services
1.3. provide you with suggestions and advice on services
We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.
We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

2. Information we process with your consent

Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, you provide your consent to us to process information that may be personal information.
Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.
Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.
If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services you would find useful.
We continue to process your information on this basis until you withdraw your consent, or it can be reasonably assumed that your consent no longer exists.
You may withdraw your consent at any time by instructing us at janine@atkinsandco.uk.com. However, if you do so, you may not be able to use our website or our services further.

3. Information we process for the purposes of legitimate interests

We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.
Where we process your information on this basis, we do after having given careful consideration to:
• whether the same objective could be achieved through other means
• whether processing (or not processing) might cause you harm
• whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so
For example, we may process your data on this basis for the purposes of:
• record-keeping for the proper and necessary administration of our business as solicitors
• responding to unsolicited communication from you to which we believe you would expect a response
• protecting and asserting the legal rights of any party
• insuring against or obtaining professional advice that is required to manage our business risk
• protecting your interests where we believe we have a duty to do so

4. Information we process because we have a legal obligation

We are subject to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation.
For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
This may include your personal information.

Specific uses of information you provide to us

5. Information provided on the understanding that it will be shared with a third party

Our website does not allow you to post information with a view to that information being read, copied, downloaded, or used by other people.
If we have a contract with you, there may be third parties we need to transfer personal data to enable us to deliver legal services to you.

6. Storage and data

We only keep your data as long as we need in order to use it and to comply with our professional indemnity insurers requirements for storage of a file after it has been closed.


7. Sending a message to us

When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.
We record your request and our reply in order to increase the efficiency of our business.
We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.

8. Complaining

When we receive a complaint, we record all the information you have given to us.
We use that information to resolve your complaint.
If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

Use of information we collect through automated systems when you visit our website

Access to your own information

9. Access to your personal information

9.1. At any time you may review or update personally identifiable information that we hold about you, by contacting us at janine@atkinsandco.uk.com
9.2. After receiving the request, we will comply within one month.

10. Verification of your information

When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

Other matters

11. Children
We do not legal provide services for purchase by children, nor do we market to children.

12. Retention period for personal data

Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:
12.1. to provide you with the services you have requested;
12.2. to comply with other law, including for the period demanded by our tax authorities;
12.3. to support a claim or defence in court. 

13. Compliance with the law

Our privacy policy has been compiled so as to comply with the law of every country or legal jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your jurisdiction, we should like to hear from you.
However, ultimately it is your choice as to whether you wish to use our website and our services.

14. Review of this privacy policy

We may update this privacy notice from time to time as necessary. The terms that apply to you are those set out on this sheet.
If you have any question regarding our privacy policy, please contact us.




Terms and Conditions of Business For General Matters
Atkins & Co.

Terms and conditions of business for
General Matters

1. People responsible for your work

Janine Atkins, the principal and a member of Resolution, will carry out most of the work in this matter.

If Janine Atkins is unavailable, please leave a message with her secretary, Alison Towey or assistant Caterina De Carolis.

We will try to avoid changing the people who handle your work but if this cannot be avoided, we will inform you promptly who will be handling the matter and why the change was necessary.

The legal services we provide are regulated by the Solicitors Regulation Authority.

2. Charges and expenses

Our charges are generally based on the time spent dealing with a case.

Time spent on your affairs will include meetings with you; considering, preparing and working on papers; correspondence; and making and receiving telephone calls.

We will charge you £250 per hour for each hour of work by Janine Atkins or any of our other solicitor associates from now until the review date on 2nd January 2020.  

Routine letters and routine telephone calls made and received will be charged as units of 1/10th of an hour. Our charges for considering routine letters received will be charged as units of 1/20th of an hour. Other letters and calls will be charged on a time basis.

If your instructions require us to work outside normal office hours, we reserve the right to increase the level of the hourly rate/s. 

On 2nd January 2020 and annually thereafter we will review the hourly rate/s and notify you in writing of any increased rate. If you have any query about the revised rates, please contact Janine Atkins straight away.

In property transactions, in the administration of estates and in transactions involving a large amount of money or benefit to the client, we may base our charges on the time spent and by referring to a value element, such as the price of the property, the size of the estate or the value of the final benefit.

The value element reflects the importance of the transaction and responsibility placed on the firm. Janine Atkins will write to you separately if the value element will apply to your case.

We may be able to agree with you an alternative charging arrangement, such as a fixed fee. Janine Atkins will discuss this with you. If our fees are not to be based on time spent Janine Atkins will write to you about this separately.

We will add VAT to our charge at the rate that applies when the work is done. At present, VAT is 20.0%.

There may be certain other expenses, including payments we make on your behalf, such as valuation and counsel’s fees, which you will have to pay. VAT is also payable on certain expenses.

We will inform you if any unforeseen extra work becomes necessary, for example, due to unexpected complexities or difficulties or if your requirements or the circumstances change significantly during the matter. We will also inform you in writing of the estimate cost of the extra work before incurring extra costs.

If this firm does not complete the work, we will charge you for the work done and expenses incurred.

It is normal practice to ask clients to pay sums of money from time to time on account of the charges and expenses which are expected in the following weeks or months. This helps to avoid delay in the progress of their case. We require payment on account of disbursements as expenses become payable and may request further payments on account of expenses as the matter progresses. If you are in agreement, you may also make payments on account of costs. These amounts will be shown as paid on your final bill.

3. Service Levels

We will update you by telephone or in writing by letter or email with progress on your matter regularly.

We will communicate with you in plain language.

We will explain to you by telephone or in writing by letter or email the legal work required as your matter progresses.

4. Bills

In relation to property transactions, we will send you a bill for our charges and expenses, payment of which is due after completion. If sufficient funds are available on completion and we have sent you a bill, we will usually deduct our charges from the funds.

In relation to the administration of estates, we will usually send you an interim bill on account for our charges and expenses after the Grant of Probate has been obtained and every month thereafter during the administration of the estate. We will also send you a final bill for our charges and expenses when the administration of the estate is completed. If we hold sufficient funds on your behalf and we have sent you a final bill, we will usually deduct our charges from these funds.

In relation to other matters, we will usually send you a bill for our charges and expenses when the work is completed. However, in some cases we will send interim bills at appropriate points, particularly if your matter becomes prolonged.

Payment is due to us within 28 days of our sending the bill to you. If payment is not made within this time we will charge you interest on the bill at 2% above the base rate from time to time of our bank, Bank of Scotland, from the date on which payment of our bill is due. Interest will be charged on a daily basis.

If you have any query about your bill, you should contact Janine Atkins straight away.

You can challenge the bill by applying for an assessment of the bill under Part 3 of the Solicitors Act 1974. However, if you have a complaint about the bill the Legal Ombudsman may not consider the complaint if you have applied to the Court for assessment of the bill.

5. Interest

If we are holding money for you this will usually be held in an instant access account to facilitate a transaction. We will account for interest when it is fair and reasonable to do so in all the circumstances. Clients are unlikely to receive as much interest as might have been obtained had they held and invested the money themselves.

6. Professional Indemnity Insurance

Our professional indemnity insurance is provided by International General Insurance Co. Ltd. through Pen Underwriting Ltd. registered office The Walbrook Building, 25 Walbrook, London EC4N 8AW and only covers work undertaken in England and Wales.

7. Proof of Identity

 The law now requires solicitors, as well as banks, building societies and others, to obtain satisfactory evidence of the identify of their clients. This is because solicitors who deal with money and property on behalf of their clients can be used by criminals wishing to launder money. In order to comply with the law on money laundering, we need to obtain evidence of your identity as soon as practicable if we have not already done so.
We may use an e-id verification system to assist us to verify your identity against various different data-sources in line with anti money laundering regulations. When we attempt to verify your identity the process involves checking the details you supply against those held on a number of specific databases. ID verification system has access to information from various agencies and organisations. A record of this process will be kept that may be used to help other companies to verify your identity. A footprint may be logged on your credit file. This is harmless information and will not affect your ability to gain credit.

8. 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 National 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, while we are acting for you, it becomes necessary to make a money laundering disclosure, we may not be able to inform you that a disclosure has been made or of the reasons for it because the law prohibits “tipping-off”.

External firms and organisations may conduct audit or quality checks on our practice. These external firms and organisations are required to maintain confidentiality in relation to your file.


9. Data Protection

We use the information you provide primarily for the provision of legal services to you and for related purposes including:

a) updating and enhancing client records
b) analysis to help us manage our practice
c) statutory returns
d) legal and regulatory compliance

Our use of that information is subject to your instructions, the Data Protection Act 1998 and our duty of confidentiality. Please note that our work for you may require us to give information to third parties such as expert witnesses and other professional advisors. You have a right of access under data protection legislation to the personal data that we hold about you.

We may from time to time send you information that we think might be of interest to you. If you do not wish to receive that information, please notify our offices in writing.

10. Storage of papers and deeds

After completing the work, we are entitled to keep all your papers and documents while there is money owing to us. We will keep our file of papers (except for any of your papers which you ask to be returned to you) for no more than 6 years and on the understanding that we have the authority to destroy the file 6 years after the date of the final bill we send you for this matter. We will not destroy documents you ask us to deposit in safe custody.

We will not normally make a charge for retrieving stored papers or deeds in response to continuing or new instructions to act for you. However, we reserve the right to make a charge based on time we spend on reading papers, writing letters or other work necessary to comply with the instructions.

11. Termination

You may terminate your instructions to us in writing at any time. For example, you may decide you cannot give us clear or proper instructions on how to proceed, or you may lose confidence in our work.

We are entitled to keep all your papers and documents while money is owing to us.

We will decide to stop acting for you only with good reason and on giving you reasonable notice.

If you or we decide that we will stop acting for you, you will pay our charges on an hourly basis and expenses or as stated in any separate correspondence.

12. Raising queries or concerns with us

We are committed to providing high quality legal advice and client care. If you are unhappy about any aspect of the service you have received or about the bill please contact Janine Atkins on 01372 477188, email Janine@atkinsandco.uk.com or by post to our office address. 

We have a procedure in place which details how we handle complaints which is available by request to Janine Atkins.

We have 8 weeks to consider any complaint. If we have not resolved your complaint within this time you may complain to the Legal Ombudsman.

If you are not satisfied with the handling of your complaint you can ask the Legal Ombudsman at Legal Ombudsman, PO Box 6806, Wolverhampton WV1 9WJ to consider the complaint. Normally you will need to bring a complaint to the Legal Ombudsman within 6 months of receiving a final written response from us about your complaint or within the 6 years of the act or remission about which you are complaining occurring (or if outside of this period, within 3 years of when you should have reasonably been aware of it).

13. Financial Arrangements with Clients

Our practice policy is to only accept cash up to the value of £1,000 for costs and disbursements. If you try to avoid this policy by depositing cash directly with our bank, we may charge you for any additional checks we decide are necessary to prove the source of the funds.

Where we have to pay money to you it will be paid by cheque or bank transfer. It will not be paid in cash nor will it be paid to a third party.

14. Banking Information

 It is important to note that Atkins & Co client call account is held with the Bank of Scotland. Any monies held in our client account are included within your total personal limit of £85,000. Atkins & Co cannot accept any liability for monies lost due to a Banking failure.

15. Email Correspondence

 Email correspondence will usually be acknowledged within 24 hours or the next working day if sent before a weekend or before a Bank Holiday. Please do not consider your email has been delivered until it has been acknowledged. This proviso is due to any possible internet problems beyond our control. We will endeavour to fully reply to emails within 3 working days although this may be a longer period if a long reply is required in the form of a postal letter.

 The internet may pose security or privacy problems and we would therefore advise that any personal or sensitive information is sent by postal letter.

16. Agreement

Your continuing instructions in this matter will amount to your acceptance of these terms and conditions of business. Even so, we ask you please to sign and date the enclosed copy of these terms and return it to us immediately.  

We can then be confident that you understand the basis on which we will act for you.



Atkins & Co Complaints Handling Procedure
Atkins & Co Complaints Handling Procedure

We are committed to providing a high quality professional service to all our clients. If you are not satisfied with our service we have the following procedure in place to try and resolve any problems that may arise.

Please raise any concerns with Janine Atkins. Upon receipt of a written complaint, you can expect to receive an acknowledgement within two working days. If we are not able to deal with the matter immediately, we will give an indication of when we expect to let you have our full response. We would hope to provide the response in two weeks, but this will depend upon the complexity of your matter and the nature of the complaint. In certain circumstances we may wish to meet with you to discuss the matter, as this may be a more appropriate way of dealing with your concerns.

We will, of course, do all we can to resolve the matter to your satisfaction, but if we are unable to do so, then at the conclusion of the complaints process, you have the right to complain to the Legal Ombudsman, an independent complaints handling body.

Before accepting a complaint for investigation, the legal ombudsman will check that you have tried to resolve your complaint with us first. If you have, then you must take your complaint to the legal ombudsman within 6 months of receiving a final written response regarding your complaint and no more than 6 years from the date of the act and/or omission; or no more than 3 years from when you should have reasonably known that there was a cause for complaint.

If you would like more information about the Legal Ombudsman, please contact them as follows:

Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ

Telephone: 0300 555 0333

If your complaint relates to our charges, you may also have the right to object to the bill invoice by applying to the Court for an assessment under Part 111 of the Solicitors Act 1974.

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