Neighbour Disputes

Which? Legal Service Terms and Conditions

The following terms apply to you as a member of Which? Legal Service. Please take the time to read and understand them. If you have any questions, then please contact us on 01992 822828 and we will be happy to help you.

1 What we will do for you

Availability: our qualified lawyers and specialist employment advisors will be able to advise you Monday to Friday (excluding public holidays) between 8.30am and 6pm. We will always try to connect you directly with a lawyer but, if they are all helping other customers when you call, we will arrange for you to be called back. We will always let you know when to expect your call back.

Different membership options: we will often offer you different membership options, although we have no obligation to keep any offer open for a certain length of time. We currently offer two membership options: Which? Legal Service and Which? Legal Service Plus, as follows:

embership Option

Type of Advice

Who can be advised

Which? Legal

Service

 

Telephone advice

only

 

You or a permanent member of your household. We can only

advise individuals, sole traders or small partnerships.

 

Which? Legal

Service Plus

 

Telephone and

email advice

 

By telephone - we can advise you or a permanent member

of your household.

 

By email - we can only

advise you.

 

We can only advise

individuals, sole traders

or small partnerships

Legal advice: our team of qualified lawyers and specialist employment advisors will advise you in relation to any of the following issues, subject to the specific and general limitations and exclusions set out below:

Issue

Specific Limitations/Exclusions

General consumer law issues

The goods or services must have been purchased in the UK (or with a UK credit or debit card) or otherwise subject to UK law.

 

We are unable to advise:

> Limited companies;

> Where a business has purchased goods/services for re-sale.

 

Holiday and travel issues

We are unable to advise in relation to

> Timeshares; or

> Holiday clubs entered into outside the UK.

 

Employment matters

> We are only able to advise in relation to individuals who are employed in the UK.

> We are unable to advise in relation to

pensions, personal injury, employment

tribunal appeals or any tax issue.

 

Tenancy advice to private residential tenants and private

landlords in England & Wales

We can only advise:

> Private residential tenants and private landlords (i.e. not businesses) in relation to assured shorthold tenancies granted after 15/01/89 in England and Wales.


We are unable to advise in relation to:

> any other type of tenancy including

leases;

> resident landlords;

> company lets;

> housing in multiple occupation,

> local authority, agricultural or social tenancies.

 

Mortgage Repossession advice

 

We can only advise:

> in relation to private residential property in

England and Wales;

> the named borrower;

> in relation to the steps up to the initial

hearing date

We cannot advise in relation to:

> buy-to-let mortgages;

> technical defences.

 

Civil neighbourhood disputes in England & Wales

 

> We can only provide advice in relation to hedges, trees, light, noise and boundaries

> We cannot advise in relation to party walls, claims for negligence, or in relation to court procedure relating to neighbourhood disputes.

 

Parking tickets

We cannot advise in relation to:

> legal proceedings against a local authority

> any other road traffic penalty.

 

General exclusions and limitations: we are only able to advise you in relation to civil disputes that would fall within the small claims court system. In England and Wales, this means the value of your dispute must be less than £5,000 for us to help you. In Scotland the maximum value is £3,000 and in Northern Ireland it is £2,000. Unfortunately, we cannot advise you on any aspect of another solicitor's advice, or where another solicitor is already advising you on that issue.

We will advise you by email but only if you are a member of Which? Legal Service Plus. We aim to respond to your email queries within 3 working days, and you agree that we are only able to respond on the basis of the factual information you have provided in your emailed query. We are unable to advise on or review any other written documents you provide to us, attachments or draft letters/documents.

Professional conduct: our lawyers must comply with the Law Society's Rules and Principles of Professional Conduct of Solicitors and the Bar Code of Conduct. If we think responding to your request may cause us to break these rules, our lawyers will be unable to advise you. If such a situation arises, we will always explain the position to you.

You can pay using most credit and debit cards (including Amex) and all such payments will be subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment to us, then we will not be able to confirm your order and no contract will exist between us. We will usually collect your subscription by setting up a direct debit or continuous payment authority.

2 What we cannot do for you

Try to settle disputes directly: we are unable to intervene directly with a third party to try to settle your dispute. Speak to someone who telephones on your behalf, unless you have previously given us permission to do so. Guarantee you always speak to the same lawyer. If you are a member of Which? Legal Service Plus, we will try to ensure you are advised by the same lawyer, but unfortunately we cannot guarantee this.

Advise you where this could cause a conflict of interests between your interests and those of Which? or another Which? Legal Service member, for example neighbours in dispute or advice to a business selling goods to consumers. Where a conflict of interest arises, we will be unable to provide you

with exact details due to data protection legislation. Assist you to recover sums to which you are not legally entitled. For us to advise you, you must have a genuine legal case.

3 Other important things you need to know

Cancellation: You may cancel your membership at any time by emailing wls@which.co.uk or calling us on 01992 822828:

- If you cancel within the first 7 working days (starting the day after you join Which? Legal Service), you will be entitled to a full refund within 30 days providing you have not received any legal advice from us.

- Otherwise, your cancellation will take effect from the day before your next payment would have been due, unless you request an earlier date. Please be aware that we are unable to provide refunds in respect of periods of less than 3 months, and that if we're in the process of advising you when your cancellation takes effect, such assistance will stop.

If we need to change the price of your membership, we will always provide you with at least 6 weeks' notice. If, as a result, you decide to change or cancel your membership, please let us know so we can amend your records accordingly.

Discounted annual membership offers are for the first year of membership only. The annual membership price will then revert to full price.

Which? may vary any of its other terms at any time, although we will only make changes if we think these are either necessary or reasonable. If we think the changes are likely to be important to you, we shall always let you know in advance.

Fair Usage Policy, It is important that all our members have a fair opportunity to obtain legal advice from us, so where we think you are using Which? Legal Service excessively or in a disruptive manner such that our other members could be unfairly affected, we may suspend or cancel your membership.

What happens if you don't comply with these terms? We will treat any non-compliance as a serious issue, and if we think you have breached any of these terms, we may take any action that we consider appropriate. This may include the temporary or permanent suspension of your use of Which? Legal Service.

Complaints: If you are unhappy about any aspect of Which? Legal Service, then please let us know by contacting the Manager of Which? Legal Service at:

- Which? Legal Service, Gascoyne Way, Hertford, SG14 1LH

- Email: wls@which.co.uk; or

- Telephone: 01992 822828.

We will respond to your complaint fairly and usually within 5 working days. If we are unable to resolve your complaint and it relates to the legal advice you have received, we will explain how you can make a complaint about a particular lawyer to their professional body.

4 About Us

Our website is operated by Which? Limited, a subsidiary company of the Consumers' Association. We are required to provide you with the following information about our companies:

Name: Consumers' Association

Company number: 580128

Registered address: 2 Marylebone Road, London, NW1 4DF

Registered in: England and Wales

VAT number: n/a

Company type: Limited by guarantee

email: which@which.co.uk

Name: Which? Limited

Company number: 677665

Registered address: 2 Marylebone Road, London, NW1 4DF

Registered in: England and Wales

VAT number: GB238534158

Company type: Private limited company

email: which@which.co.uk

The Consumers' Association is a registered charity under number 296072.