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Gabbitas Robins.co.uk

Complaints Procedure


  We hope that you will not have any reason to make a complaint about our Services. To
  underline how seriously we take complaints, we have a set Complaints Procedure, which is
  detailed below.
  The following defined terms apply to our Complaints Procedure:
  "the Partnership" means Gabbitas Robins and any successor practice and any
  service company owned or controlled by or on behalf of the
  Partnership or any of the Partners;
  "Engagement Letter" means, in relation to any Matter, the letter (or other agreement)
  recording the basis of our engagement;
  "Matter" means any specific transaction, dispute or issue in relation to which
  you ask us to provide Services whether or not it has been defined
  in an Engagement Letter or other agreement;
  "Partner" means a partner of the Partnership;
  "Services" means all services we provide to you in relation to the relevant
  Matter;
  "We", "us" and "our" means or refers to the Partnership; and
  "You" includes the addressee of the relevant Engagement Letter and any
  other person identified in the Engagement Letter as our client and
  “your” shall have a cognate meaning.
  1.1 Scope
  Subject to paragraphs 1.9 and 1.10, all claims, complaints and disputes arising out of or in
  connection with the Services ("Disputes") will be resolved pursuant to this Complaints
  Procedure.
  1.2 Complaints Procedure
  1.2.1 We have an established procedure for dealing with complaints from clients. The
  procedure has been established so that we can resolve as many problems as possible
  within our offices and avoid having complaints and problems reported and escalated,
  and to preserve the goodwill of our clients, even if things have gone wrong.
  1.2.2 We expect honesty and realism from any employee or Partner when things have gone
  wrong and in turn we will support all employees / Partners.
  1.2.3 Such complaints must be dealt with sympathetically and quickly. Our reputation
  depends on this, as it is all part of our high standard of service and incorporates client
  care.

1.3 What is a complaint?
 A report by a client that their expectations of what they consider to be a good service have not
 been met.
 1.3.1 Clients are notified in our Engagement Letter / Terms of Business of their right to
complain. If the client asks for a copy of our standard procedure, it is at this point
forwarded to them in writing.
1.3.2 A documented review of this policy / process will take place annually to verify its
effective operation across the Partnership.
1.4 Prospective Clients
A complaint can also be made by a prospective client if we have:-
1.4.1 Unreasonably refused a service to a complainant;
1.4.2 Persistently or unreasonably offered a service that the complainant does not want.
1.5 Complaints Procedure
It is important to us that we provide services of the highest quality to all of our clients. We aim
to ensure that any complaints that clients may have are identified and dealt with in accordance
with this procedure.
1.6 Making a complaint
You can register your complaint with the person dealing with your matter or with the Senior
Partner, John Gabbitas. John Gabbitas is responsible for ensuring that complaints are handled
effectively and in accordance with this procedure.
This procedure will also apply to prospective clients who we have refused to provide a service
to or persistently or unreasonably offered an unwanted service to but only if the claimant has
evidence to show that we did not have reasonable grounds to do so.
1.7 Investigating your complaint
1.7.1 We will acknowledge your complaint within seven (7) days.
1.7.2 We will conduct a full investigation and an independent review of your matter.
1.7.3 We aim to respond in full within twenty eight (28) days. However, if your complaint is
of a more complex nature we will require more time but we will let you know when you
will receive a full response.
1.7.4 We will reply to you, usually in writing, to tell you our views on your complaint and how
we propose to resolve it, hopefully to your satisfaction.
1.7.5 If you are dissatisfied with the outcome, or the way your complaint has been handled,
you may write to John Gabbitas who will make such further investigations as are
necessary.
1.7.6 John Gabbitas will inform you of the conclusions and any alternative proposals to
resolve your complaint, usually within twenty eight (28) days of this being referred to
him.
1.7.7 If still unresolved at this stage, you may take your complaint to the Legal Ombudsman.
Normally, you will have to bring your complaint to the Legal Ombudsman within 6
months of receiving a final response from us about your complaint and 6 years from
the date of the act or omission giving rise to the complaint or alternatively 3 years from
the date you should reasonably have known there are grounds for complaint (if the
act/omission took place before 6 October 2010 or was more than 6 years ago).
1.7.8 The Legal Ombudsman may:-
1.7.8.1 Investigate the quality of professional service supplied by a solicitor to
a client;
1.7.8.2 Investigate allegations that a solicitor has breached rules of
professional conduct;
1.7.8.3 Investigate allegations that a solicitor has unreasonably refused to
supply a professional service to a prospective client;
1.7.8.4 Investigate allegations that a solicitor has persistently or unreasonably
offered a professional service that the client does not want.
1.8 Contact details of Legal Ombudsman
1.8.1 The address of the Legal Ombudsman is: P. O. Box 6806, Wolverhampton, WV1 9WJ;
telephone, 0300 555 0333; or view their website at www.legalombudsman.org.uk,
email enquiries to: enquiries@legalombudsman.org.uk
1.8.2 Kindly note that you have the right to object to your bill by making a complaint to the
appropriate body referred to above and/or by applying to the Court for an assessment
of the bill under Part III of the Solicitors' Act 1974 and, if all or part of our bill remains
unpaid, we may be entitled to charge interest.
1.9 Exclusions
We shall not be obliged to comply with the paragraphs above in relation to any Dispute in
which we seek:-
1.9.1 an order or award (whether interim or final) restraining you from doing any act or
compelling you to do any act; or
1.9.2 a judgment or award for a liquidated sum to which there is no arguable defence
(provided that the exception shall cease to apply and the Dispute may be referred to
arbitration on the application of either party if the court decides that you should have
permission to defend the claim); or
1.9.3 the enforcement of any agreement reached or any binding order, award, determination
or decision made pursuant to the paragraphs above,
nor shall anything in this paragraph inhibit us at any time from serving any form of demand or
notice or from commencing or continuing with any bankruptcy, winding up or other insolvency
proceedings.
1.10 Regulator
Nothing in this Complaints Procedure shall prevent you at any time from referring any Matter
to the body or bodies for the time being charged with the regulation of solicitors.
Solicitors Regulation Authority
The Solicitors Regulation Authority can help you if you are concerned about our behaviour.
This could be for things like dishonesty, taking or losing your money or treating you unfairly
because of your age, a disability or other characteristic.
You can raise your concerns with the Solicitors Regulation Authority (SRA) here


Gabbitas Robins Solicitors is authorised and regulated by the Solicitors Regulation Authority (Number 00471979) 

     
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