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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If something is not specified or mentioned in the small print,

Resolved Question:

If something is not specified or mentioned in the small print, can it be used or enforced as a condition?

I am a Probate Genealogist currently dealing with the Treasury Solicitor's Department regarding an inheritance matter and they keep insisting on being provided with documentation which is not mentioned or detailed in any of their documentation or correspondence which clearly states which documentation they do require as proof of identity etc. Taking a sceptical approach, I think it's a stalling or delaying tactic and would just like to know mine and my client's rights. If certain documents such as proof of purchase are not listed as necessary documentation on ANY of their official correspondence can they insist on being presented with them?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

No

Alex Watts :

If their policy states one thing then they can not ask for extra

Alex Watts :

This is because their own guidelines are which they need to stick to and rely on.

Alex Watts :

If they do not then this is grounds for complaint.

Alex Watts :

Indeed if they refuse then you should write and make a formal complaint.

Alex Watts :

This could even be grounds for a Judicial Review which is where you can challenge the decision in Court.

Alex Watts :

So no, they can not rely on matters not documented.

Alex Watts :

Can I clarify anything for you about this today please?

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