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Joshua, Lawyer
Category: Law
Satisfied Customers: 28249
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I signed a receipt for a Will/Protective Property Trust

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Hello, I signed a receipt for a Will/Protective Property Trust which included 2 Lasting Power of Attorney and Storage of the documents. This was back in October 2019. I requested on numerous occasions for the person to send me written information as all the info he gave me was by word of mouth when we met. Unfortunately he was not able to send me anything in writing to explain in more depth for me to grasp all what was involved.
JA: Where are you? It matters because laws vary by location.
Customer: Sorry I hit return by mistake but I am in London
JA: What steps have you taken so far?
Customer: Well, I wasn’t too sure but took him at his word and paid him the a deposit on the day we met and the balance a month later. After consideration of how he had dealt with this, by sending me information as a draft of the documents after payment. I thought was unfair. I informed him that I no longer wanted to go ahead after reading all that was stated in the documents which I still didn’t have a full understanding. Anyway he came back to me saying that because it had gone past the cooling off period of the date I signed the receipt, I was not entitled to a refund. I can understand that - but I did not pay the full amount until a month later. What I would like to know if you’d be so kind to let me know. He says no refund after the cooling off date of the receipt but the full amount was not paid on that date - does that stand as the date is different?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Thanks Pearl, that is the question I wanted to know.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

May I confirm a couple of points with you please:

  1. We were given notice of your 14 day right to cancel together with a cancellation notice you could complete and return if you changed your mind?
  2. Is this a regulated legal firm and you are dealing with a solicitor or is this is an unregulated business? if you are unsure, do you have a link to their website?
Joshua and 3 other Law Specialists are ready to help you
Customer: replied 13 days ago.
I’m not sure but this is what I have

thank you. I will try to reach on the phone now...

Further to our telephone conversation, you may wish to contact the firm that you have been dealing with and ask the individual how he has lawfully prepared the trust deed that he has provided you with is preparation of the trust instrument is a reserved legal activity under the legal services act and it is a breach of the act to do so unless you are a regulators barrister or solicitor. It constitutes a criminal offence to prepare a trust deed without regulation.

If he is unable to explain to you how he has produced the trust deed, and the only lawful expedition would be that he has subcontracted the matter to a regulated law firm in which case you must be able to deal with outdoor fun directly, then he has committed a criminal offence and this may be a basis upon which you can ask for all of your money back or threatened to report the matter to the solicitors regulation authority will consider prosecution.

In addition, this can serve as a basis for suing him for the return of monies in relation to the preparation of the trust deed, because if he lacks the legal authority to prepare one, it follows that he cannot charge you for preparing the same.

Customer: replied 13 days ago.
Hello, I have spoken to your solicitor and he was very helpful. Please let me know what do I do now? Thank you.

I'm glad the above answers all your questions. If there is anything else I can help with please reply back to me otherwise thank you very much for visiting JustAnswer and I hope we will see you again in the future.