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Acting at a Distance

We are pleased to act for clients at a distance. By this we mean that the likelihood is that, for whatever reason, no face to face meeting will take place. We welcome such instructions, but it is sensible to recognise that this causes some special problems, and therefore some minor changes in our terms of acting.

First, is VAT chargeable? VAT, short for Value Added Tax, applies to all sales of goods and services to residents within the European Union. The tax in England is set at 17.5 per cent. All our quotations are net of VAT unless stated otherwise. VAT will have to be added if you are resident in the EU (or the EEA).

We will normally ask for a sum on account of our charges and any disbursements, and may not carry out any work until the initial payment has been made. Payments on account are held in a separate client account until a Bill is delivered. We will then transfer the funds necessary to pay the bill, and, if necessary, request further payments on account. This precise arrangement is not always possible with credit account payments.

All payments must be received in Sterling.

We reserve the right to request that you establish your identity. This would usually involve you attending at the offices of a notary public or lawyer near you, and producing your passport to them. They will copy the passport, certify the copy and send th copy to us. They will normally charge you for this service, and that is not included within our own fees estimate. It is extra. This procedure will always be involved if you are buying or selling land. Very occasionally other similar procedures might be required. Our money laundering regulations require this of us. If we make such a request, we would not be able to carry out any further work on a matter until the procedure had been completed, and if not completed within a reasonable time, we would have to cease to act.

Instructions to act as agents for foreign professional clients are subject to the above procedure or on the explicit basis that the commercial client professional clients client will undertake that he is in funds himself to an agreed amount for our charges.

We are happy to agree a limit to our charges, but this does not create a contract to complete the work within the budget We reserve the right to take no further steps until any outstanding account is paid, and requests for further payments on account have been met.

Our accounts all show on the reverse how they may be challenged, and if our account is paid by way of deduction from any sums held for you, your rights are not affected.

We have a web site with details of our terms of acting current charge out rates. The URL is http://www.swarb.co.uk/ You are invited to check these rates first.

Time for completion

The nature of our services means that we can not promise to achieve a result with 30 days. We are often dependent upon others, and just cannot make that promise. You will therefore be asked to agree that we do not have an obligation to complete our services within 30 days. Where time is of any particular importance to you, you must let us know.

Identification

For may of our services, we are obliged to ensure formal identification of a client. This applies who ever acts for you, and whether you meet up or not. Not meeting up requires additional steps to be taken. We will therefore normally arrange for you to visit a solicitor local to you to provide identifcation. That visit can also be used to execute any documents.

Important: Please note that our law-bytes are retained for archival purposes only. The law changes, and these notes are often, now, out of date. You must take direct advice on your own personal situation and the law as it currently stands.
All information on this site is in general and summary form only. The content of any page on this site may be out of date and or incomplete, and you should not not rely directly upon it. Take direct professional legal advice which reflects your own particular situation.
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Copyright and Database Rights: David Swarbrick 2012
18 October 2013 http://www.swarb.co.uk/lawb/usActDistance.shtml 248 18 October 2013