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We aim to provide practical guidance on useful areas of busness law.  

By brocs1, Jul 1 2020 11:01AM

What is a boundary dispute?

There is an adage that “an Englishman’s home is his castle”. Boundary disputes between neighbours can often become highly charged as they involve perceived violations of personal space. At Summerfield Browne Solicitors, we have the experience to deal with the most troublesome of neighbours and have years of experience in advising clients on their rights as property owners (be that as freehold or leasehold property owners).

Boundary disputes between neighbours can arise because a physical boundary (a fence or hedge) does not match the boundary that is officially recorded at the Land Registry and can also arise when a property is bought or sold as the new owner may not understand where a boundary lies.

What to do if you have a boundary dispute

The first port of call in determining where a boundary lies will be in the Title Deeds. We frequently contact the Land Registry on behalf of clients to retrieve the deeds that show where the location of a disputed boundary. The Title Deeds will usually also include a plan that will allow the person reviewing the deeds to understand what land is being conveyed to the purchaser.

A common dispute that we have advised upon is where the Property being transferred includes a right of way over another person’s land. The other property may be a garden or a driveway (for example to enable vehicular access). If the right of way is blocked or your land is not accessible due to a neighbour blocking your right and you cannot resolve the matter amicably you may wish to consider seeking legal advice.

How can we help

We find that clients prefer to have written advice on their Property rights “in black and white” but face-to-face consultations can also be arranged at any one of our offices (by appointment only).

We frequently advise clients on alternative dispute resolution which can save time, money and stress.

If court proceedings are necessary, we will advise on the potential costs. A common remedy that is sought in relation to boundary disputes or neighbour disputes is an injunction to prevent the party in breach from performing a certain action (for example preventing trespass).

Going to court can be a daunting experience and as well as preparing the necessary application Summerfield Browne Solicitors can arrange for you to be legal represented at the hearing. Representation at the hearing can often be arranged on a fixed fee which can help minimise legal costs.

If you require assistance in relation to any of the above matter please do not hesitate to call us on 0845 567 7595 or email us on [email protected] Summerfield Browne Solicitors have offices in London, Birmingham, Cambridge, Oxford and Market Harborough, Leicester

By brocs1, Jun 25 2020 11:03AM

Car dealers are being targeted with mis selling claims as customers taking out finance arrangements have not been told that the car dealers are earning commission. Consumers would expect to have details provided in key facts documents stating that they were making commission.

Regulations requirements

Financial Conduct Authority’s consumer credit source book rules require that if sales staff are acting as finance brokers, they must tell customers if they are being paid for doing so, how much they are getting.

The main area for concern is that sales staff are offering financial products that are not always the most beneficial to the customers but offer the higher commission levels to sales staff. Consumers should be told all the details regarding a finance deal and all risks should be made clear, so the consumer can decide if it is the right deal for their financial needs.

If they have not done this, then you may be eligible for compensation.

How can we help?

If you have a complaint regarding finance arrangements, please do not hesitate Summerfield Browne Solicitors on 0800 567 7595 or email us on [email protected]

By brocs1, Jun 23 2020 12:30PM

With the economic uncertainty surrounding COVID-19, cash flow is more important than ever. You might be looking for cash to help keep your business afloat, but your customers will likely want more time to pay, no-one likes to feel like they are constantly hounding another for something and that is even more so the case when it comes to chasing late payments. There are steps you can take to help you recover outstanding invoices.

• Invoice – You should invoice as soon as possible, the quicker you send the invoice the quicker it will be paid. Also make it easy to get paid, ensure it is a simple and straightforward, accepting online payments provides convenience for the customer to pay at their convenience especially if you are also operating restricted hours.

• Contacting debtors during lockdown – It may be that the debtor is in lockdown and therefore harder to get hold of. You should check their website and emails for any reference to this, many companies have notified customers of temporary changes on how to reach them. Just because they are not working at their usual place of work does not mean they are not working at all and are likely to have access to their emails. Therefore, you should remind them about the outstanding invoice and ask them if there are any reasons why they have not paid, you should try to get as much information as possible in order to discuss possible solutions.

• Written confirmation of the claim – When a customer cannot pay their invoice in full but still wants to make payment, they may propose a payment arrangement. This means they will pay the outstanding invoice in parts over a set amount of time. You are under no obligation to accept a payment plan however if you do you should ask the debtor to confirm in writing the payment proposal, this provides you with their acknowledgment that they owe the amount you are claiming but also details the instalments, any interest and consequences of non-payment.

• Review the reasons why the invoice has not been paid – Is the non-payment or delayed payment due to the knock-on effect of Covid-19 or are they fully operational? If it is due the current pandemic that they are no longer financially able to fulfil their agreement you can ask for proof such as evidence requesting government support or a statement from a third party such as an accountant. If the debtor is unable to substantiate their claim, then they must pay the invoice

• If the debtor is unable to make the payment agreed, consider whether they are able to offer any securities. here are various forms of securities that can be agreed such as a retention of title. If goods have been delivered and you are the legal owner of them, you can retrieve them if the invoice has not been paid and they can remain on your property until full payment is received.

Summerfield Browne have offices in Leicester, Birmingham, London, Oxford, Cambridge and Market Harborough.

Contact us for further details on 0800 567 7595 or email us on [email protected]

By brocs1, Jun 18 2020 12:33PM

Are you still waiting for a holiday refund? Travel companies and airlines are claimed to be holding £7bn of customers’ money that is yet to be refunded, despite the Foreign & Commonwealth Office advising against travel due to the coronavirus pandemic.

Some travel companies and airlines are refusing to refund customers and offering to either rebook their holiday for a later date or to offer them a travel voucher.

People are experiencing a brick wall when trying to contact travel companies and airlines. Travellers have been met with engaged tones or being put on hold for long periods of time to be cut off and/or no responses to emails.

What are your rights?

Package Travel and Linked Travel Arrangements Regulation 2018 regulation 13 and 14 state, that firms must pay refunds if they cancel a holiday due to unavoidable and extraordinary circumstances. The provider is obliged to offer a full refund within 14 days.

Next Steps

What should you do if you are waiting a refund from a travel company?

1. The first step is to ask for a refund and to know your rights

2. You should be issued a refund within 14 days

If you are still experiencing problems or are being offered a voucher or told you need to rebook for a later date, then you need to write a legal letter.

Contact us

We can assist you in this process, we will need to see a copy of your correspondence with the travel company and a copy of your booking contract.

Contact us for further details on 0800 567 7595 or email us on [email protected]

By brocs1, Jun 11 2020 11:37AM

In these difficult times, it is hard to find positive experiences caused by this pandemic crisis. However, during this period the courts and the legal profession have had to find new ways in which to work with clients and court hearings, as the administration of justice has had to continue to function.

During April 2020 Summerfield Browne Solicitors during had our first small claims court hearing heard remotely and despite a few initial technical issues, we found the experience a positive one. All parties convened remotely, and the proceedings followed normal courtroom procedures. It was conducted in a manner which was fair, and all parties complied with the customary requirements.

Summerfield Browne Solicitors would support the courts move for remote hearing, were appropriate. This would mean that client fees should be reduced due them not having to pay their Solicitors and Advocates travelling time and expenses and it saves on staff time out of the office. However, we understand that not all court hearings can be conducted remotely and more thought and consideration will need to be given to jury trails and the more sensitive cases, such as family hearings.

What sets us apart from many other corporate and private client solicitors, is that we have been delivering our legal services using a business model that utilises the best aspects of the traditional law firm with the remote delivery of legal services which is simple, effective and cost efficient. Therefore, this has set us in good stead to move towards this new approach of working.

Summerfield Browne have offices in Leicester, Birmingham, London, Oxford, Cambridge and Market Harborough.

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