Data Protection Act
In order to act for individuals, it is necessary for us to record on our files and also on our computer system certain personal details such as dates of birth, addresses and telephone numbers etc. In addition, other information that sometimes it is not essential for us to record in connection with any particular matter may also be held for reference, analysis and our own marketing purposes. Such items could include for example an individual's occupation, financial circumstances, interests etc. Again, when acting for a business certain non-essential information such as trading activities, the number of people employed and turnover etc. may also be recorded by us.
You are entitled at any time to ask for a copy of the information that we hold about you or your business. We will not pass on these details to any third party without your express permission unless it is essential to do so in connection with your matter. If you do not want to receive information from the firm about its services and activities or any other client or marketing information, please let us know and we will remove your name from our mailing lists.
Storage of Papers and Deeds
After completion of any work done, we are entitled to keep all papers and documents while money is owing to us. We will keep our file of papers (except for any of your papers that you ask to be returned to you) for no more than the number of years applicable to the type of work undertaken. Listed below are the relevant periods that will apply and it is assumed that we have your authority to destroy the file upon expiry. We will not destroy documents that you ask us to deposit in safe custody.
Property transactions - acting for a purchaser or the seller of part 7 years
Property transactions - acting for the seller of whole 7 years
Wills, Probate & Administration 7 years
Company Formation or similar matters 7 years
Matrimonial, Family, Crime, Litigation and all other matters 7 years
Electronic records of information will be held for 12 years before being considered for destruction.
We do not normally make a charge for storing or retrieving papers and deeds in response to continuing or accepting new instructions to act for you. However, we reserve the right to make a charge based on the time spent on reading papers, writing letters or other work necessary to comply with instructions.
We will work tirelessly to ensure that the rights of disabled people are not discriminated against in accessing services and in buying or renting land or property.
Our office accommodation was constructed many decades prior to the Disability Discrimination Acts of 1995 and 2005. We are conscious that the stairs to our first-floor Hatch End office in particular may be an obstacle to the less able bodied.
Both of our offices offer a home visiting service within the local area to the elderly or disabled, or to those who are hospitalised. All we ask is that home visits be arranged by prior appointment on reasonable notice and be within a reasonable distance of our offices.
If it is difficult for you to attend our offices, for whatever reason or whatever your circumstances, simply ask if we can arrange a home visit. We have attended hospitals, sheltered accommodation, care homes and private houses to see our clients, whether elderly, infirm or less able bodied.
Anti Money Laundering
Mills Chody prides itself on its integrity and never forgets that solicitors are Officers of the Supreme Court. We are scrupulous in ensuring compliance with Money Laundering regulations, in order to prevent our clients from being victims of or unwitting accessories to economic crime, and to protect the financial institutions who are also our clients.
For this reason you should not be offended if we ask you at a preliminary interview or at the point of taking instructions to supply us with evidence of your identity and proof of residence.
Occasionally to comply with Anti Money Laundering regulations, there may be additional checks and documents required if you are a national or resident of certain countries or a Politically Exposed Person. We may also check the details you provide with electronic databases.
Just because you are asked for evidence of your identity does not mean that you are under suspicion.
You should be aware that with effect from 10th November 2008 it is now a requirement of the Land Registry in connection with any registerable transaction relating to land that the applicant supply evidence of identity through his solicitors.
We will require supporting evidence of the source of any money involved, for example bank or building society documents, and full details of any third party whom you may instruct to send us funds. No cash amount of over £1,000 can be accepted from any client and any change in your original financial instructions to us may result in a delay in our ability to proceed on your behalf.
Our bank and building society clients also impose obligations on us during the course of lending transactions. These vary from one institution to another but a lender will often require that we take steps to verify the source of funds which are being supplied by a borrower towards the purchase price of a property. The reason for this is three fold:
In order to check that these are not the proceeds of crime;
because a borrower who is also raising a second loan from a third party might be encumbering his income beyond his ability to service both debts; and
if a borrower raises money from a third party, that third party might allege that they have a financial interest in the property which is the subject matter of the transaction.
If the third party lender can prove that their financial interest arose prior to the creation of the mortgage in favour of the lender then this may mean that the lender’s mortgage is postponed behind the rights of the third party. This means that the lender does not obtain a first legal charge and will have difficulty in exercising their right to take possession of the property which has been offered as security for the loan in the event of a default
Do not treat anything on this site as legal advice. The contents are provided for general interest only, and have to be brief, vague and generalised. They may contain errors or be incorrect in the circumstances which apply to you. The law changes frequently, and we do not update articles which were published in the past. Any views of the law or pointers to the need for legal advice apply in general to the law of England an Wales. You must always take specific advice from a lawyer properly qualified in the legal system which applies to you.
Accordingly we will not be responsible for any action which you take or refrain from taking in reliance on anything contained in this site. But we will be pleased to offer further advice or information on any of the topics here, and are of course responsible to our clients in the ordinary way for our advice to them and work done for them as solicitors.
Links to other sites are provided here. These external sites are not part of our web site, they are the property and the responsibility of those publishing them, and we accept no responsibility for their contents.
You may download, store, view and print anything here on a single computer for your personal reference only. Any reproduction, networking, transmission or redistribution of any part of these web pages in any form is prohibited without express permission.
Mills Chody LLP is authorised and regulated by Solicitors Regulation Authority
Mills Chody LLP is a Limited Liability Partnership No (Registered number OC 335406 ) whose registered office is at 226-228 Kenton Road Kenton Harrow Middlesex HA3 8BZ
All rights reserved © Mills Chody LLP