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Legal Articles

Jul 14

Credit Card Purchases: Know Your Rights

  When you order something and pay using a credit card, you are protected against loss...or are you? Although many people think that the protection that applies is absolute, it is not....

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Jul 14

Correcting Your Credit Rating

Most people require credit at some time, whether it is in the form of a credit card, a loan or an overdraft. However careful you are, it is possible to...

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Jun 14

Faulty Goods: Know Your Rights

In the UK, customers have various rights in respect of faulty goods. The Sale & Supply of Goods to Consumers Regulations 2002 were introduced in the UK on 31 March...

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Mar 14

Heir Hunters – Take Advice!

Until the recent publicity afforded by television shows on the subject, many people might not have realised that ‘heir tracing’ companies exist, let alone that they research ‘promising’ estates by...

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Dec 13

Selling Your House and Land: Tax Tips

Most people buy and sell the property they live in without any thoughts about tax (other than, perhaps, Stamp Duty Land Tax). However, there are some circumstances in which selling...

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Nov 13

What is a Tenant's Improvement?

The law allows any tenant (with some exceptions) who has lived in a property for more than three years under a lease of more than 20 years to apply to...

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Nov 13

Phone Masts – The Law and Practice

Although a very recent technological development, the mobile phone is considered a necessity by many people in the UK. However, despite their popularity, the communication masts on which the networks...

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Aug 13

Tenants' Right to Buy

The right of secure tenants to buy their homes was established under the Housing Act 1980. The original rules have subsequently been amended, however, mainly owing to a growing number...

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Aug 13

Mortgage Exit Administration Charges – Consumer Redress

When you ask for a redemption statement from your mortgage lender, it can come as an unpleasant surprise to see an additional charge termed ‘mortgage exit administration fee’ (MEAF), which,...

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Apr 13

Unit-linked or With-profits: What's the Difference?

If you’ve ever had a session with a financial planning adviser, you will have heard about unit-linked and with-profits investments, but what does the jargon actually mean in practice? Unit-linked Investments These...

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Mar 13

Accessing Your Own Land

Prior to the introduction of revised procedures (set out in regulations under Section 68 of the Countryside and Rights of Way Act 2000, which came into effect in July 2002),...

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Jan 13

Neighbours From Hell: Local Authority Powers

The Housing Act 2004 contains a variety of measures designed to protect householders from the ‘neighbour from hell’, through measures targeting private landlords who turn a blind eye to disruptive...

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Aug 12

Lasting Powers of Attorney

In October 2007 there was a fundamental change on the way in the way powers of attorney are created and the powers that they can give attorneys, when the Enduring...

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Aug 12

Are You a Sophisticated Investor?

In March 2005, the rules relating to approaching people regarding financial promotions were relaxed so that so called ‘sophisticated investors’ and high net worth individuals (HNWIs) could be more easily...

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Aug 12

Timeshares – Good or Bad?

Although there are millions of contented timeshare owners throughout the world, the timeshare industry has certainly had a chequered history. On the one hand there is the promise of golden...

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Aug 12

How Do We Set Up a Commonhold?

Commonholds are a relatively new way of holding property and will be attractive to some flat owners who wish to take the ownership and management of the freehold of their...

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Aug 12

Fact Sheet – Disclosure to Mortgage Lenders of Incentives for Buyers

This fact sheet provides guidance for those involved in the development of residential properties whether new builds or conversions of existing properties. On 1 September 2008, the Council of Mortgage Lenders...

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Aug 12

Unfair Contract Terms – Your Rights as a Consumer

UK consumer protection legislation is robust, giving them substantial rights and imposing significant obligations on traders. Indeed, in some cases the actions of a vendor may be sufficient to constitute...

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Apr 12

IHT Guidance From the Tax Man

HM Revenue and Customs (HMRC) offer useful guidance on the mechanics of the transfer of the unused IHT ‘nil rate band’ between spouses or civil partners and gives several examples...

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Feb 12

Selling Your Property at Auction

In recent years, increased mobility and growing rates of home ownership have meant that ever-larger numbers of people nowadays inherit properties from relatives who lived many miles away. Similarly, many...

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Feb 12

Dealing With an Insolvent Estate

One of the rules that applies to the administration of estates is that whilst a person appointed as executor under a will can refuse to accept the appointment, once an...

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Dec 11

Changing Wills For Benefit

A will expresses the final wishes of the deceased person and it is commonly thought that a will is irrevocable after death. However, provided everyone agrees, it is normally possible...

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Oct 10

Estates – What Happens if Values Fall?

One of the biggest problems now facing executors is that as the recession progresses, most assets, other than cash, are falling in value, which can mean that the value of...

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Oct 10

Equity Release

Managing an active retirement can present significant problems for the many people who are blessed with good health but cursed by the effects of the poor performance of pension funds...

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Apr 10

CGT and Shares in Estates Valuation Trap

In the UK, there are quite generous exemptions from Inheritance Tax (IHT) which apply to business assets. One problem with making use of such exemptions is the effect this may...

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Jan 10

Unlocking Your Equity – the Choices

There is a bewildering variety of equity release schemes on the market and, judging by the letters pages of the financial press, they are not well understood. Releasing equity in...

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Jan 10

How Drawdown Lifetime Mortgages Work

For people who have money tied up in their homes who wish to release capital for expenditure, or possibly to give to family members, the drawdown lifetime mortgage (DLM) is...

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Jan 10

Who Can Go Where?

In England and Wales, the law relating to access to land position is governed by the Countryside and Rights of Way Act 2000. In England and Wales, the public have the...

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Jan 10

When Can I Access My Neighbour's Land?

Disputes between neighbours can cause a lot of unpleasantness. If you need to deal with your neighbours over matters related to land or property it is always advisable to try...

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Jan 10

Compensation for Loss of a Chance

Most claims for damages are claims for damages or losses which have actually happened. For example, if a lorry mounted the pavement and smashed a garden wall, the claim would...

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Jan 10

Treasure Trove – The Law

There are countless stories of buried treasure, for example, the recent a huge find of Roman artefacts  unearthed in London, but the public at large know little of the law relating to...

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Jul 09

The Unclaimed Assets Register

Many people have assets which they have forgotten about – old bank accounts, shares or premium bonds for example. If you think you or a relative may have lost track...

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Jul 09

Leaseholders' Right to Manage

Since 2003 qualifying leaseholders have had the right to take over the management of their block of flats from their landlord, under provisions made under the Commonhold and Leasehold Reform...

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Mar 07

Duty of Care Surprisingly Limited

An interesting attempt at a defence came to nothing in a recent traffic accident case.   It involved a driver who, having missed his turning, decided to do a U-turn in the...

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