Complaints Procedure

Our policy 

We set ourselves high standards and are committed to providing a high quality legal service to all our clients. When something goes wrong, we want you to tell us about it. This will help us to address your concerns, put things right as far as possible, and improve our standards. 

Responding to concerns and complaints

Problems can arise in any working relationship. Most of these can be resolved quickly and informally without the need for input from anyone else in the firm. We recognise that many people are reluctant to make a formal complaint, but still want a clear response to their concerns so they know where they stand.

If you have any concerns about the way your case is being handled, please contact the solicitor with whom you normally deal with to let them know.

They will try to address your concerns and, if necessary, seek guidance from a senior member of their department. The solicitor you normally deal with will then speak to you about what can be done to resolve the problem and also confirm this in a letter or email to you.

Informal Investigation And Resolution

In the event that you are not be able to resolve your concern with the solicitor handling your case, then the Head of Department or another partner in the department, will review your complaint and provide you with a written response.

Where a complaint is made regarding a Head of Department, the complaint will automatically be escalated to a Complaints Partner under our formal investigation procedure of this policy (please see below).

Timescale

Under our informal investigation procedure, our aim is to have a conversation with you within a week of your raising your concerns and to send you the follow up letter or email within two weeks of that conversation.

If more time is needed (for example, because the Head of Department or partner needs to seek information from you or someone else in order to respond), the Head of Department or partner will write and let you know.

Bindmans LLP does not charge for time spent investigating complaints.

What do we mean by a ‘formal complaint investigation’?

We recognise, however, that some concerns cannot be resolved informally as described above. In these circumstances, we will arrange for a formal complaint investigation by one of the firm’s partners. This will either be a partner from another team in the firm or, where more appropriate (for instance, where the complaint can be more effectively and swiftly dealt with), by a partner in the team that is handling your case.

Once you have told us you want such an investigation, the procedure we will follow is as follows: 

Acknowledgement

Our aim is to send you a letter acknowledging your complaint within three working days of receiving the details. This initial letter will usually come from the solicitor handling your case. 

Investigation: Preliminary Stage

We will then investigate your complaint. This will normally involve passing your complaint to the relevant partner who deals with complaint. They will review your case file and speak to the person handling your case, and other members of staff if appropriate. 

They will then write to you – normally within a week:

• Summarising their understanding of what your complaint is about and ask you to comment if they have misunderstood it or left anything out
• If there seems to be a clear and straightforward solution to your complaint that can be agreed with the solicitor handling your case they will ask you whether early resolution of your complaint in this way would be acceptable
• They will identify any matters that, on the face of the complaint, cannot be investigated under our procedure and, if there are, indicate how these might be resolved
• They will ask what remedy you are seeking (if that is not already clear)
• They will give an estimated time scale for their investigation

If the complaints partner has misunderstood your complaint or left anything out, you should let them know within a week of receiving their letter. It will also be helpful if you can let the complaints partner have the details of any remedy you are seeking within the same timescale. 

​​​Preliminary View And Considering Your Comments 

If your complaint is straightforward, the complaint partner will send you a further letter with their preliminary view (see below) within a further three weeks. If your complaint is particularly complex and may need more time to investigate, the complaints partner will say so and estimate how much is likely to be needed. If this estimate changes while your complaint is being investigated, the complaints partner will let you know.

Once the complaint partner has reached their preliminary view, they will seek the comments of the solicitor handling your case and then write to you setting this out and giving you the opportunity to comment within a reasonable time scale, normally 7 to 14 days. If there are particular reasons why your views cannot fairly be taken into account in this way, or other special circumstances, the complaint partner will arrange to speak to you.

Determining Your Complaint 

Once you have had the opportunity to respond to the complaint partner’s preliminary view, they will conclude their investigation and write to you in detail explaining whether and, if so, in what respects the complaint is upheld and what, if anything, they recommend the firm does about it. Any recommendations made will be reviewed by other partners within the firm and you will be sent a final response if and when this happens. 

Where a complaint is about professional judgment or alleges negligence, the complaint partner will take into account the conclusions reached at the informal investigation stage by any senior member of the department on these matters and may conclude there is no basis to reach a different view. 

You will not be charged for the time spent in investigating your complaint.

Taking Matters Further 

If you are still not satisfied, you can contact the Legal Ombudsman, Legal Ombudsman, PO Box 6167, Slough, SL1 0EH about your complaint. The Legal Ombudsman expects complaints to be made to them within a year of the date of the act or omission about which you are concerned, or, within a year of you realising there was a concern. You must also submit your complaint to the Legal Ombudsman within six months of receiving a final written response from us about your complaint. For more information, contact the Legal Ombudsman (0300 555 0333 or refer to www.legalombudsman.org.uk).

You may also contact the Solicitors Regulation Authority (‘SRA’) if you have any concerns about a solicitor, or, the firm. Visit the SRA’s website to see how you can raise your concerns with them (https://www.sra.org.uk/consumers/problems/report-solicitor/).

What happens if I have lost all confidence in my solicitor? 

Our experience is that most concerns and complaint can be resolved at a very early stage. We will do our very best to resolve your concerns in this way, or by completing an investigation. 
 
In a few, exceptional cases clients may feel that, whatever the outcome of an investigation, their working relationship with their solicitor is irreparably damaged and they can have no confidence in their case being handled effectively by that person in future. If you feel that way, please let the complaint partner know and they, or the head of the department concerned, will respond separately on this specific issue. 

Questions

If you have any questions about this complaint policy, our Compliance Officer can be contacted at the following address:

Chantal Chumber
236 Gray’s Inn Road
London
WC1X 8HB
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Telephone: 020 7014 2167

Pricing & Transparency Information

The Solicitors Regulation Authority (SRA) requires that all regulated law firms publish information on a select number of services specified by the SRA, including how the law firms charge and what these prices include.

Please see the following pages for more information in respect of our pricing for certain types of legal service we provide:-

• Costs Transparency – Residential Sale, Purchase and Remortgage Fees
• Costs Transparency – Probate
• Costs Transparency – Debt Collection (Undisputed)

Contact Us

To talk to us about your legal matters, please fill in our contact form or phone our Barnes office on 020 8876 8811 or Chiswick on 020 8994 7344 to make an appointment.

Cost Transparency - Residential Sale, Purchase and Remortgage Fees

Basis of our fees

Our fees cover all work that we anticipate will be required to complete the sale or purchase of your new home.

The costs of your transaction will include:-

1. Our Fees (plus VAT); and
2. Disbursements

In addition, if you are Buying a Property costs will include:-

1. Land Registry Fees
2. Stamp Duty / Land Tax
3. Mortgage Fees
4. Surveyor / Valuation Fees

Alternatively, if you are selling a Property costs will include

1. Estate Agents Fees

Please see below for full details.

Our fees

Legal Services Fee

The fee we charge for our legal services will vary depending upon:-

1. whether the transaction is a sale or purchase;
2. whether the property is freehold or leasehold;
3. whether the property is part of a new development or not;
4. the agreed price for the property;
5. The cooperation shown by the seller or buyer and their representatives;
6. Any unexpected complications.

Our standard fees for residential sales and purchases are set out below:

Price	Fees for a Sale	Fees for a Purchase	Additional charge for a Leasehold Property	Additional Charge for a New Build Purchase
£200,001 to – £800,000	1,600.00	1,600.00	300.00	600.00
£800,001 – £1,000,000	2,000.00	2,000.00	300.00	600.00
£1,000,001 – £1,500,000	2,400.00	2,400.00	300.00	ENQUIRE
£1,500,001 – £2,000,000	2,750.00	2,900.00	300.00	ENQUIRE

The minimum fee for Conveyancing of properties for £2m and above is £2750.

Our fees for a remortgage will usually be £850 plus VAT where we are acting for both you and your lender (with an additional £200 plus VAT where the property is leasehold).

Electronic Money Transfer Fee

We will charge a fee of £30.00 for each electronic money transfer we make on your behalf.

This would include for example when we:-

• send the completion monies to the Seller’s solicitor for you; or
• when we send you the net proceeds of sale on completion; or
• when we send funds to your mortgage lender to redeem your existing mortgage; or
• when we send funds to your estate agent to pay their fees.

Stamp Duty Land Tax / Land Transaction Tax Return Fee

We do not make an additional charge for preparing your Stamp Duty Land Tax / Land Transaction Tax Return and filing this on your behalf at HM Revenue and Customs.

This fee will only be charged on a purchase transaction.  The return needs to be filed in order to be able to register the purchase at HM Land Registry.

Due to the size of the return and the increasing complexity of the Stamp Duty / Land Tax regime, we do make an additional charge for preparing the returns. However, advice regarding the tax itself and any reliefs that you may be able to claim is included within our Legal Services Fees.

VAT

VAT will be charged at the applicable rate (presently 20%) on all of Our Fees (Legal Services Fee, Electronic Money Transfer Fee and Stamp Duty/ Land Tax Return Fee.

Assumptions

Our Fees assume that:-

1. this is a standard transaction and that no unforeseen matters arise including for example (but not limited to) a defect in the title which requires remedying prior to completion or the preparation of documents ancillary to the main transaction (such as a lease extension document or lease variation document);
2. the transaction is concluded in a timely manner and no unforeseen complications arise;
3. all parties to the transaction are co-operative and there is no unreasonable delay from third parties providing documentation;
4. if you are purchasing a Property that we will be instructed to act on behalf of your Mortgage lender and that they will not instruct their own external solicitors;
5. that if you are purchasing a Property that it has an existing registered title at HM Land Registry.

Disbursements

In addition to Our Fees, you will also incur “Disbursements” on your transactions.  Disbursements are costs related to your transaction that are payable to third parties. We handle payments of the disbursements on your behalf to ensure a smoother process.

The amount of Disbursements will vary depending on whether the transaction is a sale or purchase and whether it is a freehold or leasehold.

We will simply pass on to you the exact cost of any “Disbursements” that are charged. We do not charge any profit element on “Disbursements”.

The Disbursements that we anticipate will apply are set out separately below. This list is not exhaustive and other disbursements may apply. For example the cost of obtaining duplicates of any Planning or Building Regulation documents or the cost of any premium payable for any defective title indemnity insurance that may be required.

Freehold Sale Transaction

Disbursements on a freehold sale Transaction are usually limited to:

Disbursement	Cost	Payable to
Register Entries	£3.00 per entry	HM Land Registry
Title Plan	£3.00 per entry	HM Land Registry
Additional Land Registry Filed Documents	£3.00 per document	HM Land Registry

Freehold Purchase Transaction

Disbursements on a freehold purchase Transaction are usually limited to:

Disbursement	Cost	Payable to
Local Search Fee	£200 (estimated)	Local Authority or Online Search Provider
Drainage and Water Search Fee	£62.00 (estimated)	Thames Water or Online Search Provider
Chancel Indemnity Insurance	£15.51 (estimated)	Indemnity Insurance Provider
Environmental Search Fee	£59.00 (estimated)	Online Search Provider
Planning Search	£38.00 (optional)	Online Search Provider
Pre-Completion Land Registry Search	£3.00 per title	HM Land Registry
Pre-Completion Bankruptcy Search (payable if you have a mortgage)	£2.00 per name	HM Land Registry

Leasehold Sale Transaction

Disbursement	Cost	Payable to
Register Entries (Freehold and Leasehold)	£6.00 per entry	HM Land Registry
Title Plan (Freehold and Leasehold)	£6.00 per entry	HM Land Registry
Additional Land Registry Filed Documents / Copy of Lease	£3.00 per document	HM Land Registry
Landlord or Managing Agents Fees for providing management information about the Property / “Pre-Sale Management Pack”)	£200 to £400.00 plus VAT (estimated)	Landlord or Managing Agents

Leasehold Purchase Transaction

Disbursements on a freehold purchase Transaction are usually limited to:

Disbursement	Cost	Payable to
Local Search Fee	£200 (estimated)	Local Authority or Online Search Provider
Drainage and Water Search Fee	£62.00 (estimated)	Thames Water or Online Search Provider
Chancel Indemnity Insurance	£15.51 (estimated)	Indemnity Insurance Provider
Environmental Search Fee	£59.00 (estimated)	Online Search Provider
Planning Search	£38.00 (optional)	Online Search Provider
Notice of Transfer Fee	£100 – £250 plus VAT (estimated)	Landlord and / or Managing Agents
Notice of Charge Fee – this will be payable if you have a mortgage on the Property	£100 – £250 plus VAT (estimated)	Landlord and / or Managing Agents
Pre-Completion Land Registry Search	£3.00 per title	HM Land Registry
Pre-Completion Bankruptcy Search (payable if you have a mortgage)	£2.00 per name	HM Land Registry

Additional Leasehold Disbursements

Sometimes a Lease will require that:-

• the Landlord’s consent is required for the sale in the form of a “Licence to Assign”. If so they will charge a fee for issuing that consent. The amount of the fee will vary depending on the Lease / Landlord. Often fees range from £750.00  to £1500.00 plus VAT. It will be a matter of negotiation whether those are paid by the Seller or the Buyer or shared between you;
• the Buyer enters into a “Deed of Covenant” with the Landlord to comply with the terms of the Lease. Again the Landlord will charge a fee for preparing or approving that document.  Often those fees range between £300.00 to £850.00 plus VAT.  Usually it is the Buyer that is required to pay that fee;
• the Landlord provides the Land Registry with a Certificate of Compliance to confirm that all of the Lease procedures relating the sale have been complied with. Again the amount of fee charged will vary depending on the Landlord.  Often the cost of this will range between £150.00 to £300.00 plus VAT. Again it is usually the Buyer that pays these fees.

Land Registry Fees on a Purchase

The Land Registry will charge a fee for registering a purchase. Therefore if you are buying a freehold or leasehold Property you will need to also pay HM Land Registry Registration Fees.

The fees charged vary depending upon the value of the Property and whether the transaction involves the transfer of an existing registered title or the “first registration” of a new title.

An example of a “first registration” transaction would be if you are buying a Property which is being granted a new lease.

Land Registry Fees also vary depending on whether it is possible for us to file the application for registration “online” or whether HM Land Registry will only accept a “postal application” for the transaction. Where possible we will always try to submit an application using their “online” facility.  Unfortunately “first registration” applications can currently only be submitted by a “postal application”.

Full details of the fees charged by HM Land Registry can be found here:

http://landregistry.data.gov.uk/fees-calculator.html

To provide you with an indication of likely fees please see the table below. This is based on the assumption that the Property you are buying already has a registered title.

Purchase Price	Fee
£0.00 to £80,000	£20.00
£80,001 to £100,000	£40.00
£100,001 to £200,000	£100.00
£200,001 to £500,000	£150.00
£500,001 to £1,000,000	£295.00
£1,000,001 and over	£500.00

Stamp Duty / Land Tax on a Purchase

If you are buying a property you will need to pay either Stamp Duty Land Tax (if you are buying a Property in England) or Land Transaction Tax (if you are buying a Property in Wales).

The amount of tax you pay will vary depending upon several factors including:-

• the value of the Property;
• whether you own another Property either in the UK or abroad or a share of such a Property;
• whether the transaction is linked to any other transaction;
• whether you have any connection to the party Selling;
• whether you are entitled to claim any reliefs in respect of the transaction;
• whether you are buying in the name of a Company;
• whether you are paying the Seller any consideration “in money or monies worth” over and above the stated purchase price.

If you are buying a Property in England you can calculate the amount of SDLT you will need to pay here:- Calculate Stamp Duty Land

If you are buying a Property in Wales you can calculate the amount of Land Transaction Tax you will need to pay here:- Calculate Land Transaction Tax

Once instructed to act on your behalf we will be able to provide you with detailed advice on the amount of tax that you should expect to pay depending upon your own personal circumstances.

Mortgage Fees on a Purchase

If you are purchasing the property with a mortgage it is likely that you will need to pay a fee to the Lender for providing the mortgage to you. Details of those fees should be set out in your Mortgage Offer. You will also usually have to pay the fee the mortgage lender incurs for having a valuation of the property carried out.

If you have instructed a Mortgage Broker to act on your behalf you may also have to pay your Mortgage Broker a fee depending upon the terms of your contract with them.

Surveyors Fee on a Purchase

If you are buying a property we recommend that you instruct a full structural survey of the Property and you will need to pay for the costs of that Survey.

Estate Agents Fee on a Sale

If you are selling a property then it is likely that you will have to pay a fee to an Estate Agent for marketing the Property on your behalf.

The amount of the fee will depend upon the contract you have agreed with your particular agent and the agreed sale price. Often Estate Agent Fees will vary from between 1.25% to 3.5% of the agreed Sale Price plus VAT.

On completion of the Sale, unless you instruct us otherwise, we will ask the Estate Agents to provide us with a copy of their invoice and pay the quoted fee from the net proceeds of the sale.

Referral Fees

We do not pay or receive any third parties’ fees for referring any clients or work to us.

We like to act solely in the best interests of our client and so do not agree to pay any referral fees to estate agents or mortgage brokers. We believe that taking that stance ensures that when we are acting for a client our professional integrity and judgement is not clouded or compromised by any external business relationships.

DURATION AND STAGES OF PURCHASE AND SALE

How long will my transaction take?

How long your purchase or sale will take will vary depending upon a number of factors, including:-

• how many other parties are involved in the chain and their personal circumstances and requirements regarding moving dates;
• how quickly you and the other parties in the transaction are able to obtain their mortgage offers and surveys;
• how quickly you and the other parties in the transaction are able to deal with requests for additional information about the Property;
• whether the Property is freehold or leasehold;
• whether there are any issues in the title documentation or planning history for the Property (or other properties in the chain) that need to be resolved or insured against

If instructed our commitment to you is that we will throughout the transaction strive to progress the transaction with all due speed and diligence.

Our experience shows that:-

• the purchase or sale of a freehold Property will usually take between six to eight weeks from the date that we have received details of the transaction from the Estate Agents;
• the purchase or sale of a leasehold Property will usually take between eight to ten weeks from the date that we have received details of the transaction from the Estate Agents

Key Stages in the Process

The keys stages that are involved in a standard sale transaction are:-

• Taking your initial instructions and providing you with preliminary advice on the matter;

• Providing you with a “Client Care” pack which will contain:-

•  
  • full details or our Terms and Conditions,
  • a detailed written “Costs Information Sheet” setting out our best estimate of the costs and disbursements to be incurred in respect of the transaction
  • a “Keys Details and ID Form” that will set out details of the ID and other documentation we will require from you
  • a  “Property Information Form”, a “Fittings and Contents Form” and if required a “Leasehold Information Form” for your completion and return

• Receiving the Memorandum of Sale from the Estate Agents and contacting the Buyer’s solicitors to confirm that we are instructed.

• Obtaining the title documents for your Property from HM Land Registry and your lender.

• Drafting the Contract and Transfer Deed and submitting those to the Buyer’s solicitors for approval along with a set of the title documents and the Property forms you have completed.

• Contacting your existing mortgage lender to ask them for an indicative statement showing the amount they will require to be repaid.

• If the Property is Leasehold contacting the Landlord or the Managing Agents to ask them to provide a “Pre-Sale Management Information Pack” for the Property and providing a copy of the same to the Buyer’s solicitor.

• Receiving in additional enquiries from the Buyer’s solicitor and discussing these with you in order to provide satisfactory replies to the Buyer. In addition obtaining any additional documents that the Buyer may have requested for example planning documents or draft defective title indemnity policies.

• Negotiate and agree any amendments to the Contract and Transfer Deed with the Buyer’s solicitor and once agreed arrange for you to sign the same.

• Exchange of Contracts

• Request final redemption statements from your Mortgage Lender and prepare a completion statement for you showing the amount of net proceeds of sale that will be available to you following the sale.

• Completion

• Redeem your mortgage from the sale proceeds.

• Pay your Estate Agent’s fee

• Send you any net proceeds of sale (or use them in respect of any related purchase you may have).

• Close our file and confirm to you once all legal work has completed. As part of our closing procedures we will also ask whether you would be willing to complete an online questionnaire regarding the level of service that we have provided you with. We do this so that we can ensure that we are maintaining the high level of service which our clients have come to expect.

The keys stages that are involved in a standard purchase transaction are:-

• Taking your initial instructions and providing you with preliminary advice on the matter;

• Providing you with a “Client Care” pack which will contain:-

•  
  • full details or our Terms and Conditions,
  • a detailed written “Costs Information Sheet” setting out our best estimate of the costs and disbursements to be incurred in respect of the transaction
  • a “Keys Details and ID Form” that will set out details of the ID and other documentation we will require from you

• Receiving the Memorandum of Sale from the Estate Agents and contacting the Seller’s solicitors to confirm that we are instructed.

• Receiving in the draft Contract and draft Transfer Deed from the Seller’s solicitors along with the Title and other supporting documents for the Property.

• If the Property is leasehold receive in and review the terms of the Lease to ensure that there are no defects in it that may require the document to be varied.

• Reviewing the draft Contract, Transfer Deed and Title documents to check whether there are any defects in these or whether they contain any onerous provisions which may affect whether the title to the Property is good and marketable.

• Instruct Searches

• Negotiate and agree any amendments to the Contract and Transfer Deed with the Seller’s solicitor and once agreed arrange for you to sign the same.

• Raise any additional enquiries with the Seller’s solicitors regarding the title to the Property so as to resolve any potential issues that may affect the Property.  Obtain any additional documentation that may be required, for example planning documents or defective title indemnity insurance policies.

• If the Property is Leasehold receive in and review the “Pre-Sale Management Pack” providing details of the management arrangements for the Property to ensure that those arrangements are satisfactory. Raise any additional enquiries of the Landlord that may be necessary.

• Receive back search results and review the same. Raise any further enquiries that may be needed as a result of any adverse search result.

• Receive in your mortgage offer and instructions from the mortgage lender to act on their behalf. Review any conditions attached to the mortgage offer to ensure that they can be complied with.

• Review mortgage lender’s instructions to ensure that the title to the Property complies with them.

• Arrange for you to sign the Mortgage Documents

• If the Property is leasehold review any Licence to Assign or Deed of Covenant that may be required to confirm whether these are satisfactory.

• Once all documentation has been agreed and satisfactory searches, replies to enquiries and mortgage offer have been received provide you with a bespoke comprehensive written “Report on Title” to provide you with a user-friendly summary of all key material legal points in respect of:-

•  
  • the Title to the Property
  • the Lease (if applicable)
  • the terms of the Contract
  • the enquiries received from the Seller (and if applicable the Landlord and Managing Agents)
  • the Search results
  • the Mortgage Offer

• Advise you on “joint-ownership” of the Property (if you are buying with another person)

• Exchange of Contracts

• Request Mortgage funds from your Lender and prepare a completion statement for you showing the amount you will need to pay in order to complete the Purchase.

• Obtain pre-completion searches.

• Prepare the Stamp Duty Land Tax Return (England) / Land Transaction Tax Return (Wales) and submit this to you for approval.

• Completion

• File the Stamp Duty Land Tax Return (England) / Land Transaction Tax Return (Wales) and make payment of the required Tax

• Receive the Completion Documents from the Seller’s solicitor.

• Apply for registration of your Purchase at the Land Registry

• Once registration at HM Land Registry has completed send you the updated title documents.

• Close our file and confirm to you once all legal work has completed. As part of our closing procedures we will also ask whether you would be willing to complete a questionnaire regarding the level of service that we have provided you with. We do this so that we can ensure that we are maintaining the high level of service which our clients have come to expect.

Who will carry out my transaction?

If you instruct us to act on your sale or purchase you can be assured that your transaction will only ever be carried out by one of our fully qualified solicitors or licensed conveyancer. That solicitor will then be your first port of contact with the firm throughout the transaction.

We pride ourselves on providing a bespoke service to our clients and we believe that can only be achieved by ensuring that your transaction is handled by an experienced fully qualified solicitor from start to finish.  We do not allow any unqualified members of staff to conduct any of our conveyancing transactions.

If one of our partners is instructed to act on your behalf their work will in turn be supervised by one of the other partners within the firm.

You can view more information about the individual team members by following the links on our Residential Property services page.

Complaining about our service

We strive for 100% client satisfaction, but if you are not happy with the service that we provide please let us know so that we can try to put things right.

A copy of our formal complaints procedure can be found here.