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Which? Legal Service Terms and Conditions

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 members 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 may 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:

Membership 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

Telephone - as above

By email - we can only advise you on your own legal issues.

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 otherwise subject to UK law. We are unable to advise:

  • Sellers of goods

  • Limited companies

  • Where the goods/services have been purchased for re-sale

Holiday and Travel Issues

We are unable to advise in relation to:

  • Timeshare agreements entered into before 28/2/11

  • Timeshare and/or holiday clubs entered into outside the UK

Employment Law

  • We are only able to advise on legal rights in relation to individuals who are employed in the UK, except members of the armed forces.

  • We are unable to advise in relation to pensions, personal injury, employment tribunal appeals, enforcement proceedings, any tax issue.

Tenancy Advice to private residential tenants and private landlords

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.

We are unable to advise in relation to:

  • Any other type of tenancy including leases and assured tenancies;

  • Resident landlords;

  • Company lets;

  • Legal obligations relating to housing in multiple occupation;

  • Local authority, agricultural or social tenancies;

  • The completion of notices/documentation;

  • Tenancies in Northern Ireland;

  • Any aspect of court proceedings.

Civil Neighbourhood Disputes

  • We can only provide advice in relation to hedges, trees, light, noise and boundaries relating to a private residential adjoining property;

  • We will not advise in relation to party walls or on any aspect of court procedures relating to neighbour disputes.

Parking Tickets

We cannot advise in relation to:

  • Legal proceedings against a local authority;

  • Any other road traffic penalty (e.g. bus lane offences, congestion charge).

  • Any aspect of court proceedings

Wills and Probate

We can advise in respect of Wills, Administration of Estates and Powers of Attorney and Deputyship Orders under the Laws of England and Wales.  We cannot advise in relation to:

  • Any issue subject to the laws of Scotland and Northern Ireland

  • Any aspect of tax or financial planning;

  • Property held outside of England or Wales

  • Any aspect of court proceedings

General exclusions and limitations: we are only able to advise you in relation to civil claims. For claims in Scotland and Northern Ireland we can only assist in civil disputes that would fall within the small claims system (this means the value of your dispute must be less than £3,000 for us to help you).

Landlords renting out more than 2 properties at a commercial rent may only be given advice at our discretion

In addition, we cannot advise in relation to:

  • Any aspect of another solicitor's advice, or where another solicitor is already advising you on that issue;

  • Any claims against a local authority;

  • Claims based on breach of a statutory duty;

  • The appealing of any judgments, setting aside or enforcing judgements;

  • The merits of a case if proceedings were issued before substantive advice
    was taken from us;

  • Any aspect relating to insolvency and/or insolvency proceedings


We will only advise you by email if you are a member of W?LS Plus, but we can only advise you in relation to your own legal issues. We will:

  • Only be able to advise you if you have e-mailed us a summary of the relevant facts, which we'd normally expect to be no more than 1000 words in length;

  • Aim to respond to all emails within 3 working days (starting the day after receipt);

  • Not advise on, or, review any other written documents or attachments you provide to us;

  • Not provide a written or email summary of any telephone advice we provide.

2. What we cannot do for you

  • Try to settle disputes directly: we will not 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.

  • Review or draft any documents on your behalf.

  • 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 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

Professional conduct: our lawyers must comply with the Solicitors Regulation Authority Rules and/or 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.

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.

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, Castlemead, Gascoyne Way, Hertford, SG14 1LH

Email: wls@which.co.uk; or

Telephone: 01992 822828.

We will respond to your complaint fairly and usually within 7 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.

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