1. TERMS

1.1 What these terms cover
These are the terms and conditions on which we supply products to you, whether these are goods, services, or digital content.

1.2 Why you should read these.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms [or require any changes], please contact us to discuss.

3. OUR CONTRACT WITH YOU

3.1How we will accept your order for our service.
Our acceptance of your order will take place when we email or contact you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the products and services have been discontinued, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the service.

3.3 Your Case Number
We will assign a service number to you, and we will tell you what it is when we accept your order. It will help us if you can tell us the case number whenever you contact us.

3.4 Contract Period
The contract term is for a fixed period of 1 year commencing at the date of contract.

3.5 Lawcost Legal Fees
The fee for the Mortgage Assessment, is variable and can change from time to time. You will always be notified of any fee in advance of your payment, and you will receive a receipt for any monies paid. All fees are payable in full once you have either made an initial payment to us or asked us to set up a direct debit for 12 months with your personal details.

4. OUR PRODUCTS AND SERVICES

4.1 Mortgage Assessment (MAF)
The Mortgage Assessment is like an MOT of the selected Mortgage.
When you receive the full 36+ page Assessment from the Expert Witness, you can then decide which steps to take next.

The 3 choices are:
1. Keep the Mortgage Assessment and do nothing.
2. Keep the Mortgage Assessment and process any potential claim yourself, using the templates provided.
3. Keep the Mortgage Assessment and instruct a solicitor

If you believe you may have a mortgage claim, it can be taken to FOS or the Lender or the FSCS without involving solicitors.
(The Solicitors may charge commission on any proceeds and there may be extra costs).

There is NO guarantee of ANY potential claim being successful.

4.2 Claim Management Activities (CMA)
Lawcost Legal are NOT authorised by the Financial Conduct Authority to engage in any Claims Management activities.

4.3 Legal Services
This will be provided on Wills, Powers of Attorney and Trusts referred through Lawcost Legal who will charge a fee for each product taken.
Wills (£234)
Powers of Attorney(£600)
Trusts(£3,000)
Any legal documents will be drawn up by a solicitor.

4.4 Services offered may vary over time.
The services outlined in our brochure and on our website, are for illustration of the Legal Services available through Lawcost Legal Ltd. Contact us with any questions.

4.5 Minor changes to the products
We may change the services:
(a) To reflect changes in relevant laws and regulatory requirements.
(b) to implement minor technical adjustments and improvements.

4.6 More significant changes to the products and these terms
We may make changes to these Terms of Business or services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received. We will endeavour to notify you as early as possible of any significant changes in the services available.

4.7 Supply of the Services
We will supply the services to you until either the services are completed or you end the contract as described in clause 5 or we end the contract by written notice to you as described in Sect 7.

4.8 We are not responsible for delays outside our control.
If our supply of the services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services or products you have paid for but not received.

4.9 If you do not allow us access to provide services.
If you do not allow us to perform the services as arranged (and you do not have a good reason for this) If, despite our reasonable efforts, we are unable to contact you we may end the contract and clause 7.2 will apply.

4.10 What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the services or products to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and clause 7.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.

4.11 Reasons we may suspend the supply of services to you.
We may have to suspend the supply of a service to:
(a) deal with technical problems or make minor technical changes.
(b) update the product to reflect changes in relevant laws and regulatory requirements.
(c) make changes to the services as requested by you or notified by us to you (see clause 4.6).

4.12 Your rights if we suspend the supply of products
We will contact you in advance to tell you we will be suspending supply of a service unless the problem is urgent or an emergency. If we must suspend the service for longer than 120 days in any period of 1 year, we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract for the service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 120 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

4.13 We may also suspend supply of the products if you do not pay.
If you do not pay us for the services when you are supposed to (see clause 9.2) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the products where you dispute the unpaid amounts (see clause 9.4). As well as suspending the products we can also charge you interest on your overdue payments (see clause 9.3).

5. YOUR RIGHTS TO END THE CONTRACT

5.1 You can always end your contract with us.
Your rights when you end the contract will depend on the services provided, whether there were any issues with the service provided, how we are performing and when you decide to end the contract:

(a) If the service has been mis-described you may have a legal right to end the contract, see clause 8;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 5.2;
(c) If you have just changed your mind about the service, see clause 5.3. You will be able to get a refund if you are within the 14 day cooling-off period, if you are outside this you may be subject to deductions and you will have to pay the cost of any products or services received.
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 5.4.

5.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (d) previous, the contract will end immediately, and we will refund you in full minus any products which have been provided.
The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 4.6); we have told you about an error in the price or description of the service or product you have requested and you do not wish to proceed;
(b) there is a risk that supply of the services may be significantly delayed because of events outside our control.
(c) you have a legal right to end the contract because of something we have done wrong.

5.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013)
For most products and services bought off-premises you have a legal right to change your mind within 14 days and receive a refund. These rights are contained in the Consumer Contracts Regulations 2013.

5.4 Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind (see clause 5.1), you can still end the contract before it is completed, but you may have to pay us compensation. Under the terms of the subscription, this contract is completed at the end of the Contract Period. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) the sum of the remaining Fees due under the contract.

6. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

6.1 Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 03301656171 or email us at admin@lawcostlegal.com Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the enquiry form on our website, www.lawcostlegal.com
(c) By post. Fill in the form in the TOB (also available online to print off at www.lawcostlegal.com) and post it to us at the address on the form. Or simply write to us at Lawcost Legal Limited, Quadrant Court, 49 Calthorpe Road, Birmingham, B15 1TH, including details of what you bought, when you ordered or received it and your name and address.

6.2 Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind, we may deduct the cost of any products that have been supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

7. OUR RIGHTS TO END THE CONTRACT

7.1 We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if:

(a)you do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due.
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.
(c) you do not, within a reasonable time, allow us to provide the services to you.

7.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 7.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you the sum of the remaining fees due under the contract plus an Administration Fee of £195.00

7.3 We may withdraw the product.
We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

8. IF THERE IS A PROBLEM WITH OUR SERVICE

8.1 How to tell us about problems.
If you have any questions or complaints about the products, please refer to the Complaints Procedures issued. You can telephone us on 0330 165 6171, email us at complaints@lawcostlegal.com or write to us at Lawcost Legal Limited, Quadrant Court, 49 Calthorpe Road, Birmingham, B15 1TH.

8.2 Summary of your legal rights
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

9. CHARGES AND PAYMENT

9.1 The Charges for our services
The charge for our services is confirmed on your receipt which will be emailed to you.

9.2 When you must pay and how you must pay.
You can pay for the whole of the product/service in one go at the outset of the contract period. The preferred method of payment is by Deposit and Direct Debit. Any proposed alternative method of payment must be agreed with prior to start of the contract. Our contracts are for an agreed period.
If payment has been selected to be by DDM, you must make the monthly payment as chosen and agreed.

9.3 We can charge interest if you pay late.
If you owe us any money and do not make any payment to us by the due date, we may charge you an Administration charge of £30.00 and we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount. You must pay us interest together with any overdue amount.

9.4 What to do if you think an invoice is wrong.
If you think your invoice/receipt is wrong, please contact us promptly to let us know. You will not have to pay any money until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

9.5 Administration Charges
If cancellation is made after the 14-day cooling off period, an Administration charge of £195and/or cost of products already provided may be charged to your account.

9.6 Claims Management Charges
LL are not authorised by the Financial Conduct Authority to undertake any Claim Management Activities and do NOT charge any fees for doing so.

10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

10.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products [as summarised at clause 8.2OR including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us]; and for defective products under the Consumer Protection Act 1987.

11. LAWCOST LEGAL LIMITED – DATA PROTECTION PROCESSING NOTICE

11.1 We are committed to protecting the data we hold on to our customers. As many of you will know the new General Data Protection Regulation (GDPR) came into force on the 25th May 2018. Part of complying with this is to explain to all Data Subjects how we collect and use data as well as making it easy for them to access and change contact details. This is a statement of the data protection policy adopted by Lawcost Legal Limited. Responsibility for the updating and dissemination of the policy rests with the Directors. The policy is subject to regular review to reflect, for example, changes to legislation or to the structure or policies of the business. All staff are expected to apply the policy and to seek advice when required. Lawcost Legal Limited needs to collect and use certain types of information about people with whom it deals to operate. These include current, past, and prospective individuals within client database, the company’s own employees, suppliers, and others with whom the company conducts business. This personal information must be dealt with properly however it is collected, recorded, and used – whether on paper, electronically, or other means – and there are safeguards to ensure this in the Data Protection Act 2018. We regard the lawful and correct treatment of personal information by Lawcost Legal Limited as important to the achievement of our objectives and to the success of our operations, and to maintaining confidence between those with whom we deal and ourselves. We therefore need to ensure that our company treats personal information lawfully and correctly. To this end, we fully endorse and adhere to the Principles of Data Protection, as set out in the Data Protection Act 2018.

11.2 Lawcost Legal Limited is the controller of your personal data. The processing of personal data is necessary prior to entering into a contract and to the performance of carrying out any contract, the information we hold is totally necessary for us to undertake the services we provide and facilitate on your behalf. To undertake the full range of services we would require additional information regarding general insurances, mortgages, and other financial agreements you have or have had in the past, we will only use your personal information to administer your account in the areas you have authorised us to do so.

11.3 We may use a variety of methods to communicate with you including: Email, Post, Text, Phone

12. OTHER IMPORTANT TERMS

12.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

12.2 You need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

12.3 Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

12.4 If a Court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any Court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

12.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the services, we can still require you to make the payment at a later date.

12.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English CommonLaw and you can bring legal proceedings in respect of the products in the English and Welsh Courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English Courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English Courts.

12.7 Regulation
Lawcost LegalLtd is NOT authorised by the Financial Conduct Authority to act in any capacity to sell or process Financial Regulated Products nor to engage in any Claims Management Activities.

• Please note, the date of your original instruction is recorded as DD/MM/YY
• If you have changed your mind and wish to cancel your agreement, please complete, sign and return this cancellation mandate within 14 days from the date of your original instruction to qualify for a FULL refund of your money.
• If you change your mind after this period and a refund is agreed, you will be charged a cancellation fee (LL TOB Sect 9.5)
• We recommend you use a signed-for service postal delivery service to guarantee arrival.
• All refunds are processed on the 15^th of the following month or first working day thereafter and paid within 7-10 days.
• I/We wish to cancel my/our instructions to Lawcost Legal in relation my/our financial product.