Terms & Conditions of Business

Our Aim 

It is our aim to offer all our Clients quality legal advice performed to a high standard at a fair cost. This document sets out clearly the framework within which we will provide our services to you.

Our Regulator 

Hollins Wood Solicitors is authorised to provide legal services and regulated by the Solicitors Regulation Authority (SRA). The SRA has published a code of conduct a copy of which can be obtained from their website at www.sra.org.uk.

Hours of Business

Our usual hours of business at our head office are 9am - 5.00pm weekdays. Messages can be left outside of these hours and essential appointments can be arranged at other times.

Communication between You and Us 

To make the process as straightforward as possible, we have set up a secure client portal which can be accessed via our website at www.hollins-woodsolicitors.com. Through the portal you can upload your proof of identification and proof of address, sign documents electronically, and track the progress of your case.

If you prefer to receive hard copy documents, or if you have any accessibility requirements such as large print or Braille, please let us know and we will provide these alternatives.

We use the information that you provide primarily for the provision of legal services to you and for related purposes including, but not limited to, updating and enhancing Client records, analysis to help us manage our practice, statutory returns and legal and regulatory compliance. Our use of that information is subject to your instructions, the Data Protection Act 1988 and our duty of confidentiality.

The Data Protection Act requires us to advise you that your particulars are held on our database. During the conduct of your case, disclosure sometimes needs to be made to parties outside of Hollins Wood Solicitors, for example, a Barrister or enquiry agent. The Data Protection Act also places an obligation on them to keep your information confidential. From time to time, we may use these details to send you information which we think might be of interest to you. If you do not wish to receive this information, please let us know.

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. Legislation on money laundering and terrorist financing places 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 by law to make a money laundering disclosure. If that happens, we may not be able to inform you that a disclosure has been made or of the reasons for it because the law prevents “tipping off”.

Identification and Credit Check

In order to comply with our regulatory and anti-money laundering obligations, we require you to provide a valid form of photographic identification (such as a passport or driving licence) together with proof of your current address dated within the last three months.

We will also carry out a soft credit search in mis-sold motor finance claims to identify any motor finance agreements relevant to your claim. This type of search will not affect your credit score.

FCA Redress Guidance

For motor finance claims the The Financial Conduct Authority (FCA) is currently consulting on a redress scheme for consumers affected by undisclosed or unfair commission arrangements in motor finance. The FCA has indicated that most compensation awards may be capped, in many cases at around £700 per agreement plus interest. Some claims may result in higher compensation where mis-selling or affordability issues are also established.

As your claim relates to a motor finance agreement, you also have the right to raise a complaint directly with your lender. If you remain dissatisfied with the lender’s response, you may refer the complaint to the Financial Ombudsman Service at www.financial-ombudsman.org.uk.

Complaints Policy

We are committed to providing you with the highest standard of service. If at any stage you are dissatisfied, you should raise your concerns with the case handler responsible for your matter. If the issue cannot be resolved, the matter can be referred to our Complaints Manager who will carry out a formal review and provide you with a written response.

If you remain dissatisfied following our final response, you may refer your complaint to the Legal Ombudsman. Their website is www.legalombudsman.org.uk, and they can be contacted on 0300 555 0333.

We are committed to providing high quality legal advice and Client care. If you are unhappy about any aspect of the service you receive or about a bill, please contact info@hollins-woodsolicitors.com. If you are still unhappy then you can contact our complaints Director, Safwan Patel either by telephone on 01204 324214 or by email at spatel@hollins-woodsolicitors.com or by post to our main office Hollins Wood Solicitors, Orlando Street, Surestore, Bolton, BL2 1DU. We have a procedure in place which details how we handle complaints which is available on request. If you are still not satisfied with our handling of your complaint you can ask the legal ombudsman. Legal Ombudsman website: enquiries@legalombudsman.org.uk, telephone 0300 555 0333), to consider the complaint. Normally you will need to bring a complaint to the legal ombudsman within six months of receiving a final written response from us about your complaint or within six years of the matter complained of or alternatively three years from the date when you should reasonably have known there was a cause for complaint.

You may have a right to object to any bill you receive by making a complaint to the Legal Complaints Service or the Office of Legal Complaints and/or by applying to the court for an assessment of the bill under Part iii of The Solicitors Act 1974.

How We Manage Your Data

We take the confidentiality and protection of your personal information very seriously. Your data will be collected, stored, and used strictly in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

We will use your information only for the purposes of progressing your motor finance claim, which includes verifying your identity, carrying out anti-money laundering checks, contacting your lender, and communicating with regulators or the court if required.

Your data is stored securely on encrypted systems. Access is restricted to authorised members of our legal team and, where necessary, approved third parties such as barristers, expert witnesses, or credit reference agencies. We will never share your information for marketing purposes without your explicit consent.

We retain your data only for as long as is necessary to fulfil our legal and regulatory obligations. After that time, your information will be securely deleted or archived in line with our retention policy.

You have the right to request a copy of the personal information we hold about you, to ask us to correct any errors, and in some circumstances to request that your data is erased.

Storage of Papers and Documents 

After completing the work, we are entitled to keep all your papers and documents (stored electronically) while there is money owing to us for our charges and expenses. In addition, we will keep your file of papers in electronic format for not less than one year. After that time, storage is on the clear understanding that we have the right to destroy it after such period as we consider reasonable, or to make a charge for storage if we ask you to collect your papers and you fail to do so. Further, this is done on the understanding that we have the authority to destroy your paper file (except for any of your papers which you ask to be returned to you). We will not destroy any documents you ask us to deposit in safe custody. If we retrieve papers or documents (in whatever format) from storage in relation to continuing or new instructions to act in connection with your affairs, we will charge a minimum £50 plus VAT for such retrieval. We may also make a charge based on time spent producing stored papers or documents to you or another at your request. We may also charge for reading correspondence or other work necessary to comply with the instructions given by you or on your behalf.

Charges and Expenses

Our charges are based on the time we spend dealing with your case. Time spent on your case will include meetings with you and perhaps others; time spent travelling; considering, preparing and working on papers and correspondence and making and receiving telephone calls. The firms charging rate will vary depending upon the nature and type of work involved and the level of the member of staff handling the case on a day to day basis.

The charge rate or “basic charge” for the persons handling your case is as follows:

- £282 per hour for a partner with over 8 years post qualified experience. 

- £227 per hour for a solicitor with over 4 years of post qualified experience. 

- £196 per hour for other Solicitors, Legal Executives and Litigation Executives with less than 4 years post qualified experience. 

- £139 per hour Trainee Solicitors, paralegals, and other fee earners.

Routine letters that we write and routine telephone calls that we make and receive will be charged at rates of 1/10 of an hour. Other letters and calls will be charged on a time basis.

In personal injury cases proceeding under a conditional fee agreement, if your claim is successfully concluded in your favour, then we will look to the other party to pay your basic charges and disbursements excluding the success fee and the “after the event” legal expenses insurance policy premium if applicable which are not recoverable from the other party. We shall continue to assess the merits of your claim and should any concerns arise about the extent of the recoverability of your costs from the other party, we shall advise you accordingly. In the unlikely event that we present you with a bill, you are entitled to complain about the bill. You may also object to the bill by making an application to the court for an assessment of the bill under Part III of the Solicitors Act 1974 or you can make a complaint to the Legal Ombudsman. If all or part of the bill remains unpaid, we may be entitled to charge interest.

We will make arrangements for the funding of the disbursements in your case, as appropriate. Disbursements, as referred to above, are any payments we have to make to others to progress your case, for example, medical expert fees, engineer’s fees, barrister’s fees and court fees, which inevitably have to be incurred from time to time to progress your case and in routine cases range typically between £500 to £1500 each. In the event of you winning the case, such sums for disbursements should be paid for by the other party or the other party’s insurers excluding the “after the event” legal expenses insurance policy premium if applicable which is not recoverable from the other party.

If you lose the case, the insurance policy should reimburse the disbursements incurred including the “after the event” legal expenses insurance policy premium if applicable. This is conditional on you co-operating with us in progressing the claim, providing accurate instructions and if subsequently it is established that you have pursued a fraudulent claim or exaggerated any part of your claim having been fundamentally dishonest then you will not have any protection under your legal expenses insurance (“before the event” for example any pre-existing motor, house contents, credit card or trade union insurance policies or “after the event” policy) and will be personally responsible for your own and the opponent’s legal costs which may be quite substantial.

The success fee, if applicable, namely the percentage uplift that we add to your bill if you are successful in bringing your claim for personal injury and associated losses is not recoverable from your opponent even if your claim is successful. The success fee, if applicable, is payable by you. We shall charge you a success fee, if applicable of 100% of the basic charges upon the conclusion of the claim.

There is a maximum limit on the amount of the success fee which we can recover from you. That maximum limit is 25% of the total amount of any: (i) general damages for pain, suffering and loss of amenity (the injury element of your compensation); and (ii) damages for pecuniary loss (the financial losses element of your compensation), other than future pecuniary loss; which are awarded to you in the proceedings covered by this agreement. The maximum limit is applicable to these damages (“compensation”) net of any sums recoverable by the Compensation Recovery Unit of the Department of Work and Pensions. The maximum limit is inclusive of any VAT which is chargeable. The maximum limit includes any success fee payable to a barrister who has a Conditional Fee Agreement (“CFA”) with us. However, this maximum limit applies only to a success fee for proceedings at first instance and not to a success fee on other proceedings (such as, for example, an appeal against a final judgment or order).

We must advise you that you may have the option to pursue your claim for personal injury and associated losses via a Damages-Based Agreement , a type of ‘no win, no fee’ agreement, whereby on your claim being successful instead of charging you a “success fee” your instructed Solicitors would charge you a “Contingency Fee” of up to 25% of your compensation inclusive of VAT in respect of their charges giving credit to you for the basic charges and disbursements received by them from your opponent. However, Hollins Wood Solicitors do not operate claims for personal injury on a Damages Based-Agreement and if you wish to pursue your claim on this basis you will need to instruct another firm of solicitors. 

We advise that you will not be eligible for public funding via the Legal Services Commission, previously referred to as “Legal Aid” in respect of pursuing your personal injury case. We also advise that there are circumstances where we may be entitled to exercise a lien for unpaid costs, for example, if you instruct another firm of Solicitors to take over conduct of this case, we are entitled to payment of our basic charges and any disbursements incurred on your behalf up to that date before forwarding your file of papers to the newly instructed firm of solicitors. 

Termination 

You may terminate your instructions to us at any time. For instructions on how to cancel please see our cancellation policy. If you do cancel, we will be entitled to keep all your papers and documents while there is money owing to us for our charges and expenses. If at any stage you do not wish for us to continue doing work and/or incurring charges and expenses on your behalf, you must tell us clearly in writing. If we decide to stop acting for you, for example; if you cannot give clear or proper instructions or if it is clear that you have lost confidence in how we are carrying out your work we may decide to stop acting for you. If this occurs, we will tell you the reason and give you notice in writing.

Under the terms of the consumer contracts (information, cancellation and additional charges) regulations 2013, for some non-commercial instructions, you may have the right to cancel our agreement to act on your behalf without charge.

This will only apply where you have instructed us: Following a visit by us (or by someone acting on our behalf) to your home, workplace or other location, or At our office but following a meeting between us away from our offices. And further notice of your cancellation is given to us within 14 days on which you entered into the agreement. 

Notice of cancellation should be given by telephone, email or letter to the person named as being responsible for your work. If, however, we have started work with your consent within the 14 day period prior to receipt of the cancellation notice, you lose the right to cancel without charge, and you will be charged for the work carried out prior to receipt of that notice. Acceptance of these terms and conditions of business will amount to such consent.