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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, we are renting a flat, and only after moving in we found

Resolved Question:

Hi, we are renting a flat, and only after moving in we found out that the lift isn't working (my wife is pregnant and due in 7 weeks). The agency tells us that the landlady didnt tell them. Can we claim any compensation? Having the lift was one of our prerequisites. During the visits of the flat we never were notified about the fault.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether it is a term of the tenancy a.
Customer:

Hi Alex, no, the lift itself wasn't in the terms or the contract. But when we spoke with the agency at the phone we said that lift was one of our requisites, which we reiterated during our visits. Now we found out the lift is not going to be fixed anytime soon (might take up to 6 weeks), or be completely replaced (which might take longer).

Customer:

I'm copying here the e-mail exchange with the agency, after we raised the complaint

Customer:

Dear Mikael

Thank you for your email below. The reason we have not been back in touch is we understood you are speaking to the decision makers in the block. Your Landlord has not reverted back to us with timings or decision.

If this is not the case we will pursue again.

Regards

Nick

Nick Goble MNAEA. MARLA

Managing Director

Tamenregion Ltd trading as Winkworth
*****br/> London
SW1V 1RB
Tel: +44 (0)20 7828 1786[IMAGE][SRC][/SRC][ALT][/ALT][WIDTH]100[/WIDTH][HEIGHT]100[/HEIGHT][STYLE]margin: 0px; border: currentColor; left: 0px; top: 0px; width: 16px; height: 16px; right: 0px; bottom: 0px; overflow: hidden; vertical-align: middle; float: none; display: inline; white-space: nowrap; position: static !important;[/STYLE][/IMAGE]

Mob: +44 (0)7788677970
Fax: +44 (0)20 79318961[IMAGE][SRC][/SRC][ALT][/ALT][WIDTH]100[/WIDTH][HEIGHT]100[/HEIGHT][STYLE]margin: 0px; border: currentColor; left: 0px; top: 0px; width: 16px; height: 16px; right: 0px; bottom: 0px; overflow: hidden; vertical-align: middle; float: none; display: inline; white-space: nowrap; position: static !important;[/STYLE][/IMAGE]

www.winkworth.co.uk









Please click here for a useful guide to the process of renting through Winkworth, as well as a list of the fees that might be relevant, for your reference.



From: Mikael Castelluccio <*****@******.***>
Date: Tuesday, 3 March 2015 11:11
To: ***** ***** <*****@******.***>, Nick Goble <*****@******.***>
Cc: Hugh Dunsmore-Hardy <*****@******.***>, Susannah Massey <*****@******.***>, "Agosti, Francesca" <*****@******.***>
Subject: RE: Lift - Wilton Court

Hi,

More than a week has passed and I havent heard anything from you.
I was expecting at least on update on timings/ decisions, and this confirms my feeling that this will take a long time.

I'm not adding to the list below the additional cost of the movers carrying up things without lift last sunday, but all my points and refund request below are still valid

Regards
Mikael




From: Harvey Curry
Sent: Monday, February 23, 2015 4:57:27 PM
To: ***** *****
Cc: Mikael Castelluccio; Hugh Dunsmore-Hardy; Susannah Massey; Agosti, Francesca
Subject: Re: Lift - Wilton Court

Dear Mr Goble,

I disagree with your comment, as I asked Woody couple of weeks ago that had he informed tenant that the lift is not working?

Please note that I had no idea until Saturday 21st February that tenant,s partner was pregnant up to which time I was unaware of!

Kind regards.

Pam Curry

Sent from my iPad

On 23 Feb 2015, at 15:37, Nick Goble <*****@******.***> wrote:

Dear Mr Castelluccio

I think its prudent to wait for the decision before I respond to below as we will then have a full understanding of the situation. One point I will respond to is that the Landlord has never informed us about the lift.

Regards

Nick

Nick Goble MNAEA. MARLA

Managing Director

Tamenregion Ltd trading as Winkworth
*****br/> London
SW1V 1RB
Tel: +44 (0)20 7828 1786[IMAGE][SRC][/SRC][ALT][/ALT][WIDTH]100[/WIDTH][HEIGHT]100[/HEIGHT][STYLE]margin: 0px; border: currentColor; left: 0px; top: 0px; width: 16px; height: 16px; right: 0px; bottom: 0px; overflow: hidden; vertical-align: middle; float: none; display: inline; white-space: nowrap; position: static !important;[/STYLE][/IMAGE]

Mob: +44 (0)7788677970
Fax: +44 (0)20 79318961[IMAGE][SRC][/SRC][ALT][/ALT][WIDTH]100[/WIDTH][HEIGHT]100[/HEIGHT][STYLE]margin: 0px; border: currentColor; left: 0px; top: 0px; width: 16px; height: 16px; right: 0px; bottom: 0px; overflow: hidden; vertical-align: middle; float: none; display: inline; white-space: nowrap; position: static !important;[/STYLE][/IMAGE]

www.winkworth.co.uk









Please click here for a useful guide to the process of renting through Winkworth, as well as a list of the fees that might be relevant, for your reference.
















<9DF02676-FBD2-49A0-8088-7AB3A09E13C9.png>



<E9219D4B-9B69-411B-BE30-B23FFC58BCD6.png>



<2AAF17E3-46CD-4EC8-8F77-D802FFCEBBA8.png>



<743B5D4D-88AA-4B54-934A-C1C97E9E27EC.png>



<9EEB9CC0-A5A6-4B26-8532-0E557FBAB80B.png>



<3538685A-DF93-42EA-AD62-93E40CB754B4.png>




From: Mikael Castelluccio <*****@******.***>
Date: Monday, 23 February 2015 15:21
To: ***** ***** <*****@******.***>
Cc: "*****@******.***" <*****@******.***>, Hugh Dunsmore-Hardy <*****@******.***>, Susannah Massey <*****@******.***>, "Agosti, Francesca" <*****@******.***>
Subject: RE: Lift - Wilton Court

Nick,

Thanks for the update.

1) The fact that the lift will not be working for a considerable period of time is a major issue which we should have been made aware of BEFORE signing the contract.

2) We went to see the flat on 10th Jan 2015 and signed the contract 17th February. During this period the issue with the lift had already arisen but Winkworth has never made us aware of this

3) We understand the fault could have happened anytime during the tenancy, but as it was a known issue before entering into tenancy, and potentially a long term one, it is unacceptable we didn’t hear about it, as it would have affected our decision. That is why we reiterate our request for refund. As I have mentioned already, having a lift was a nonnegotiable requirement for us considering the pregnancy of my wife, had we known of this issue we would have NOT chosen this flat

4) We believe that we have been mis-sold the property and hence require compensation from either the Landlady or Winkworth. The landlady (cc-ed in this email) on Saturday told me she repeatedly told Woody to tell us about the lift and that Winkworth was aware of it - this is a clarification that needs to happen between you and the owner which we are not interested in

5) In terms of timing we now see the risk that this can take a while without a solution, so we will wait for you to clarify within Monday 2nd March before we will escalate this further

Kind regards,

Mikael Castelluccio

From: Nick Goble [mailto:*****@******.***]
Sent: Monday, February 23, 2015 1:56 PM
To: ***** *****
Cc: *****@******.***; Hugh Dunsmore-Hardy; Susannah Massey; Agosti, Francesca
Subject: Re: Lift - Wilton Court

Dear Mr Castelluccio

We spoke with your Landlady who you met on Saturday. The situation is that the lift can be fixed for £10k. The decision being taken at the moment is whether the lift should be replaced instead of fixed.

If they fix the lift then the issue is resolved. We have recommended to our client that no matter what the decision the lift needs to be fixed in the interim.

The Landlord has rejected your request to a reduction of rent as it’s a technical fault which could have happened at any stage during your tenancy. I suggest we wait for a few days to see what the residents decide.

Feel free to call me to discuss at any time.

Regards

Nick

Nick Goble MNAEA. MARLA

Managing Director

Tamenregion Ltd trading as Winkworth
*****br/> London
SW1V 1RB
Tel: +44 (0)20 7828 1786[IMAGE][SRC][/SRC][ALT][/ALT][WIDTH]100[/WIDTH][HEIGHT]100[/HEIGHT][STYLE]margin: 0px; border: currentColor; left: 0px; top: 0px; width: 16px; height: 16px; right: 0px; bottom: 0px; overflow: hidden; vertical-align: middle; float: none; display: inline; white-space: nowrap; position: static !important;[/STYLE][/IMAGE]

Mob: +44 (0)7788677970
Fax: +44 (0)20 79318961[IMAGE][SRC][/SRC][ALT][/ALT][WIDTH]100[/WIDTH][HEIGHT]100[/HEIGHT][STYLE]margin: 0px; border: currentColor; left: 0px; top: 0px; width: 16px; height: 16px; right: 0px; bottom: 0px; overflow: hidden; vertical-align: middle; float: none; display: inline; white-space: nowrap; position: static !important;[/STYLE][/IMAGE]

www.winkworth.co.uk









Please click here for a useful guide to the process of renting through Winkworth, as well as a list of the fees that might be relevant, for your reference.













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From: Mikael Castelluccio <*****@******.***>
Date: Monday, 23 February 2015 13:30
To: ***** ***** <*****@******.***>
Cc: "*****@******.***" <*****@******.***>, Hugh Dunsmore-Hardy <*****@******.***>, Susannah Massey <*****@******.***>, "Agosti, Francesca" <*****@******.***>
Subject: RE: Lift - Wilton Court

Thank you, ***** ***** understand we are at stage 1 of the attached procedure now, as I have submitted a written complaint.

I will await for the timescale for response, and then the response itself.

Kind regards,

Mikael


























<image008.gif>



Mikael Castelluccio | Senior Manager | UK&I Advisory



Ernst & Young LLP



1 More London Place SE1 2AF London, United Kingdom



Office: +44 (0)20 795 16043[IMAGE][SRC][/SRC][ALT][/ALT][WIDTH]100[/WIDTH][HEIGHT]100[/HEIGHT][STYLE]margin: 0px; border: currentColor; left: 0px; top: 0px; width: 16px; height: 16px; right: 0px; bottom: 0px; overflow: hidden; vertical-align: middle; float: none; display: inline; white-space: nowrap; position: static !important;[/STYLE][/IMAGE] | Cell: +44 (0)776 5898 463 | *****@******.***



Website: http://www.ey.com



From: Nick Goble [mailto:*****@******.***]
Sent: Monday, February 23, 2015 1:23 PM
To: ***** *****
Cc: *****@******.***; Hugh Dunsmore-Hardy; Susannah Massey
Subject: Lift - Wilton Court

Dear Mr Castelluccio

Susannah and Hugh have both made me aware of your complaint. I am the Franchisee for the Pimlico office and I will be handling the complaint. Attached is the process.

I am very sorry the lift is not currently operational and fully understand your concerns. I am trying to speak to the Landlord and more importantly the Leaseholder who manages the lift.

From the outset we understood from the Vendor – Sir John, that they were planning to overhaul or replace the lift but no timescales were placed on these works. The lift was always operational when we were selling the flat. I can assure you that had we understood the lift was now broken we would have relayed this to you. Our business is not about short term fees.

Once I have the answers I will respond in more detail

Regards

Nick

Nick Goble MNAEA. MARLA

Managing Director

Tamenregion Ltd trading as Winkworth
*****br/> London
SW1V 1RB
Tel: +44 (0)20 7828 1786[IMAGE][SRC][/SRC][ALT][/ALT][WIDTH]100[/WIDTH][HEIGHT]100[/HEIGHT][STYLE]margin: 0px; border: currentColor; left: 0px; top: 0px; width: 16px; height: 16px; right: 0px; bottom: 0px; overflow: hidden; vertical-align: middle; float: none; display: inline; white-space: nowrap; position: static !important;[/STYLE][/IMAGE]

Mob: +44 (0)7788677970
Fax: +44 (0)20 79318961[IMAGE][SRC][/SRC][ALT][/ALT][WIDTH]100[/WIDTH][HEIGHT]100[/HEIGHT][STYLE]margin: 0px; border: currentColor; left: 0px; top: 0px; width: 16px; height: 16px; right: 0px; bottom: 0px; overflow: hidden; vertical-align: middle; float: none; display: inline; white-space: nowrap; position: static !important;[/STYLE][/IMAGE]

www.winkworth.co.uk

Customer:

and yesterday the agent forwarded me this e-mail. There is an exchange with the landlady on the bottom - which maybe he forwarded to me by mistake. Interestingly they don't know who didn't tell us, the agent is clearly concerned that we might take some action.

Customer:

Nick Goble MNAEA. MARLA

Managing Director

Tamenregion Ltd trading as Winkworth
*****br/> London
SW1V 1RB
Tel: +44 (0)20 7828 1786

Mob: +44 (0)7788677970
Fax: +44 (0)20 79318961

www.winkworth.co.uk









Please click here for a useful guide to the process of renting through Winkworth, as well as a list of the fees that might be relevant, for your reference.



From: Pam Curry <*****@******.***>
Date: Monday, 9 March 2015 15:03
To: ***** ***** <*****@******.***>
Cc: Susannah Massey <*****@******.***>
Subject: Re: Lift

Residents have received third

quote and trying to finalise this

week! I will let you know soon

I hear anything.

Regards.

Pam

Sent from my iPhone

On 9 Mar 2015, at 11:21, Nick Goble <*****@******.***> wrote:

Any decisions

Nick Goble MNAEA. MARLA

Managing Director

Tamenregion Ltd trading as Winkworth
*****br/> London
SW1V 1RB
Tel: +44 (0)20 7828 1786

Mob: +44 (0)7788677970
Fax: +44 (0)20 79318961

www.winkworth.co.uk









Please click here for a useful guide to the process of renting through Winkworth, as well as a list of the fees that might be relevant, for your reference.
















<9DF02676-FBD2-49A0-8088-7AB3A09E13C9[4].png>



<E9219D4B-9B69-411B-BE30-B23FFC58BCD6[4].png>



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<3538685A-DF93-42EA-AD62-93E40CB754B4[4].png>




From: Harvey Curry <*****@******.***>
Date: Monday, 23 February 2015 16:45
To: ***** ***** <*****@******.***>
Cc: Susannah Massey <*****@******.***>
Subject: Re: Lift

Mr Goble,

All the owners are aware of the situation but they haven,t agreed yet whether to fix the lift or replace it!

Kind regards.

Pam Curry

Sent from my iPad

On 23 Feb 2015, at 16:26, Nick Goble <*****@******.***> wrote:

Mrs Curry

As the owner of the flat surely its in your hands. I don’t understand. I appreciate its all of the owners but you will have a say. If you explain your position I am sure they will fix the lift asap

Regards

Nick

Nick Goble MNAEA. MARLA

Managing Director

Tamenregion Ltd trading as Winkworth
*****br/> London
SW1V 1RB
Tel: +44 (0)20 7828 1786

Mob: +44 (0)7788677970
Fax: +44 (0)20 79318961

www.winkworth.co.uk









Please click here for a useful guide to the process of renting through Winkworth, as well as a list of the fees that might be relevant, for your reference.
















<9DF02676-FBD2-49A0-8088-7AB3A09E13C9[7].png>



<E9219D4B-9B69-411B-BE30-B23FFC58BCD6[7].png>



<2AAF17E3-46CD-4EC8-8F77-D802FFCEBBA8[7].png>



<743B5D4D-88AA-4B54-934A-C1C97E9E27EC[7].png>



<9EEB9CC0-A5A6-4B26-8532-0E557FBAB80B[7].png>



<3538685A-DF93-42EA-AD62-93E40CB754B4[7].png>




From: Harvey Curry <*****@******.***>
Date: Monday, 23 February 2015 16:20
To: ***** ***** <*****@******.***>
Cc: Susannah Massey <*****@******.***>
Subject: Re: Lift

Fixing lift is not in my hands as you are fully aware of!

Kind regards.

Pam

Sent from my iPad

On 23 Feb 2015, at 16:17, Nick Goble <*****@******.***> wrote:

Fix the lift ASAP. This way your problem is resolved.

Nick Goble MNAEA. MARLA

Managing Director

Tamenregion Ltd trading as Winkworth
*****br/> London
SW1V 1RB
Tel: +44 (0)20 7828 1786

Mob: +44 (0)7788677970
Fax: +44 (0)20 79318961

www.winkworth.co.uk









Please click here for a useful guide to the process of renting through Winkworth, as well as a list of the fees that might be relevant, for your reference.
















<9DF02676-FBD2-49A0-8088-7AB3A09E13C9[6].png>



<E9219D4B-9B69-411B-BE30-B23FFC58BCD6[6].png>



<2AAF17E3-46CD-4EC8-8F77-D802FFCEBBA8[6].png>



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<9EEB9CC0-A5A6-4B26-8532-0E557FBAB80B[6].png>



<3538685A-DF93-42EA-AD62-93E40CB754B4[6].png>




From: Harvey Curry <*****@******.***>
Date: Monday, 23 February 2015 16:15
To: ***** ***** <*****@******.***>
Cc: Susannah Massey <*****@******.***>
Subject: Re: Lift

Dear Mr Goble,

What do you suggest that we do as we are totally innocent party in this affair!

Kind regards.

Pam Curry

Sent from my iPad

On 23 Feb 2015, at 16:09, Nick Goble <*****@******.***> wrote:

Mrs Curry

I am astonished by your email to the tenants. Do you have any proof you informed us of the lift. I am taking your email extremely seriously and will take the appropriate action to ensure we are not blamed

Regards

Nick

Nick Goble MNAEA. MARLA

Managing Director

Tamenregion Ltd trading as Winkworth
*****br/> London
SW1V 1RB
Tel: +44 (0)20 7828 1786

Mob: +44 (0)7788677970
Fax: +44 (0)20 79318961

www.winkworth.co.uk









Please click here for a useful guide to the process of renting through Winkworth, as well as a list of the fees that might be relevant, for your reference.
















<9DF02676-FBD2-49A0-8088-7AB3A09E13C9[4].png>



<E9219D4B-9B69-411B-BE30-B23FFC58BCD6[4].png>



<2AAF17E3-46CD-4EC8-8F77-D802FFCEBBA8[4].png>



<743B5D4D-88AA-4B54-934A-C1C97E9E27EC[4].png>



<9EEB9CC0-A5A6-4B26-8532-0E557FBAB80B[4].png>



<3538685A-DF93-42EA-AD62-93E40CB754B4[4].png>




From: Harvey Curry <*****@******.***>
Date: Monday, 23 February 2015 16:04
To: ***** ***** <*****@******.***>
Cc: Susannah Massey <*****@******.***>
Subject: Re: Lift

Dear Mr Goble,

I am deeply concerned too as i told Susannah that Woody was well aware of the lift condition. I agree with you we have to work together but why are you Susannah and Woody putting the blame on us.

Why didn't, Woody tell me that his wife was pregnant?

Kind regards.

Pam Curry

Sent from my iPad

On 23 Feb 2015, at 15:40, Nick Goble <*****@******.***> wrote:

Dear Mrs Curry

I am deeply concerned about what you have said to the tenant about the lift. At no stage have you mentioned the lift to us. You had a conversation with Susannah today and even said that you did not tell Woody.

We need to work together to ensure your tenants do not take action against us. It’s not a case of you and us.

Regards

Nick

Nick Goble MNAEA. MARLA

Managing Director

Alex Watts :

You need to write and set out your losses and request a payment for compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.



Can I clarify anything for you about this today please?

Customer:

as Winkworth is an agency registered at ombudsman services, can we maybe go through ombudsman, what are the differences / pros and cons compared to the service you suggested.

Also, considering that we do not know when the lift is going to be fixed, is there the risk that we will claim for a sum, but then we can not claim anything anymore, even if the lift will never be fixed?


Customer:

Also, what happens if we use the www.moneyclaim.gov.uk service and we lose the claim?

Alex Watts :

You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial. If you lose at trial then you have only lost the Court fees you have paid



Can I clarify anything for you about this today please?

Customer:

Hi, sorry but you didn't answer to my request of clarification which I sent at 10.08 AM

Alex Watts :

You could go through the Ombudsman.

Alex Watts :

Their address is:

Alex Watts :

http://www.tpos.co.uk/index.php

Alex Watts :

You can claim for past and future loss

Alex Watts :

Does that clarify?

Customer:

thanks, ***** ***** the difference with the moneyclaim, and which one of the two would you recommend?

Alex Watts :

Moneyclaim is Court. Ombudsman is not

Alex Watts :

That is the main difference. I would go Court as this gets peoples attention!

Ash, Solicitor
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