Terms and Conditions

Our Services

1.1 These terms and conditions will apply to any services which Libra Partnership Ltd (“we”, “us”, “our”) provide to you. They will usually be supplemented by other communications confirming the specific services to be provided and any fees payable. Please read these terms and conditions (“terms and conditions”, “terms”) carefully.

2. Our Company

2.1 Libra Partnership Ltd operates as a company registered in England & Wales with company number 10241090. Our registered address is Unit 2, Invicta Park, Sandpit Road, Dartford, Kent, DA1 5BU.

3. Joint Instructions

3.1 Where we are jointly instructed by you (“the donor”, “the customer”, “the applicant”) and another person to act in a matter (such as your spouse or partner), we will assume that either of you are authorised to give us instructions and that you are jointly and severally liable for any fees unless either of you advises us otherwise. Unless informed of any change in writing, we will assume that this remains the case until our work is completed or until we are informed of the same in writing.

4. Virtual and In-Person Bookings

4.1 Depending on your home location, you (“the donor”) may have the option to meet your LPA consultant in person and at your home address before your LPA registration is submitted. In-person meetings are available depending on your location.

4.2 Should you request an in-person meeting, but it is no longer possible at that time, every effort will be made to reschedule, however, we reserve the right to offer a virtual meeting instead.

4.3 Virtual meetings will be made via Teams, Zoom or WhatsApp.

4.4 Please note, however, that should you initially choose to commence our LPA services on a virtual basis, this cannot be changed to an in-person meeting later.

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5. Libra Partnership Lasting Power of Attorney Service

5.1 Where we take instructions on behalf of a Donor, we take the word of the caller/applicant to provide accurate and honest information. Libra Partnership cannot be held responsible for any false or dishonest information which may be supplied.

5.2 Our Professionally Drafted Document Service includes the preparation of the Lasting Powers of Attorney documents only, it does not include a checking service for the signed documents. We provide clear instructions for the signing and dating of the paperwork. If errors are made by the customer with either signing or dating which result in the Office of Public Guardian rejecting the application to register, Libra Partnership Ltd cannot be held responsible for this or any additional charges that may be incurred because of the errors made.

6. Identification

6.1 When you meet with your LPA Consultant, whether it is in-person or virtually, you will be required to provide them with at least one form of photographic identification so they can verify you as the donor. We can only accept one of the following documents:

• Your valid passport

• Your valid driving license

• Your government-approved voting ID card

7. Office of Public Guardian Registration Timeframes

7.1 The Office of the Public Guardian (OPG) is a government body. The registration process of the Lasting Powers of Attorney must be completed by the OPG. Libra Partnership Ltd cannot control the timeframes of this process. We cannot offer a refund for complaints relating to the registration timeframe.

7.2 Although you can choose whoever you wish to be your attorney, whether they live in the UK or abroad, we strongly recommend choosing an attorney who lives in the UK. Timeframes set by the OPG for posting documentation are limited and we are unable to guarantee your application will meet the necessary deadlines should your attorney live outside the UK. We cannot offer a refund for complaints relating to missed deadlines.

8. Use of Lasting Power of Attorney Documents Abroad

8.1 Our Lasting Powers of Attorney documents are legally binding in England and Wales only. If these documents are required to be used outside of England and Wales, it is the customer’s responsibility to contact the relevant overseas authorities and seek proper legal advice in that jurisdiction.

8.2 We do not guarantee that Lasting Powers of Attorney documents will be accepted by any foreign jurisdiction.

9. Payments

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9.1 Paying your deposit for the LPA service means that you agree and accept these terms. We accept your order when you pay and at this point, a contract is formed between you and us. Unless we both agree otherwise, our contract will terminate automatically once the service is complete and you have received your registered LPA documents in the post.

9.2 If errors are made during the signing process by the Donor, Attorney, Certificate Provider, or Witness and replacement documents are required Libra Partnership Ltd cannot be held responsible for this or any associated charges that are incurred as a result of the errors made.

9.3 If conditions are included as part of the application process that your Libra Partnership LPA Consultant advises against, and the Office of Public Guardian rejects the application, Libra Partnership Ltd cannot be held responsible for any charges including those for reapplication or resubmission.

10. Communication

10.1 Where we take instructions on behalf of a Donor, we take the word of the caller/applicant to provide accurate and honest information. Libra Partnership cannot be held responsible for any false or dishonest information which may be supplied.

10.2 You (“the Donor”) must provide us with accurate and true details about who you are and your estate. By accepting these terms and conditions you agree not to mislead us or misrepresent who you are.

10.3 You (“the Donor”) must be able to communicate with us in private and you agree that you are the only individual providing instructions to us and those instructions are your own.

10.4 To make a valid application for an LPA the Certificate Provider must confirm that you have the mental capacity to do so and that you are applying of your own free will, without pressure or ‘duress’. To have ‘mental capacity’ you must be able to understand, retain, weigh up and communicate the decision you need to make, why you need to make it, and the likely outcome of your decision.

10.5 During the process, if a Certificate Provider feels that you (“the Donor”) lack the mental capacity to register a Lasting Power of Attorney, and, as a result, the application can no longer continue, Libra Partnership Ltd cannot be held responsible for any charges and you will not be eligible for a refund for our services.

10.6 Any appeal you wish to make is your (“the Donor”) responsibility, and you would need to make direct contact with the Certificate Provider to do this. If after your appeal, the Certificate Provider’s views on your capacity remain the same, we recommend you speak to your GP or a medical professional.

11. Your Documents

11.1 Libra Partnership Ltd will provide your LPA documents for signing.

11.2 Your LPA documents do not become a legally binding document until they are signed, dated, and witnessed correctly.

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11.3 It is your responsibility to follow the guidance notes and ensure that your document(s) is/are signed in compliance with the law and the timeframes given by Libra Partnership Ltd. Should you fail to do so, and documents are completed incorrectly by any of the signatory parties, Libra Partnership Ltd will not be liable for any charges and you will not be eligible for a refund for our services.

12. Our Liability

12.1 Libra Partnership Ltd is not a law firm. There is no lawyer-client relationship between us and you. We are not registered or regulated by the Solicitors Regulation Authority.

12.2 We are liable or responsible for any foreseeable loss or damage we cause you if we fail to comply with these terms – by breaking this contract or not using reasonable care and skill. Foreseeable means it can be reasonably anticipated, if at the time we made the contract, we both knew it might happen.

12.3 We are not liable or responsible for any loss or damage that is not foreseeable, for any loss or damage (direct or indirect) caused by something beyond our reasonable control, or if something was unavoidable despite us using reasonable care and skill to avoid it. You will not be able to pursue a claim against us if your losses resulted from circumstances that we could not or should not have been expected to know about.

This includes:

• You gave us information which was inaccurate

• The document is not fit for your own purposes (for example outside of England/Wales)

• You or the other signatory parties signed the document incorrectly

• You did not date the document

• You failed to have the document witnessed correctly

• You acted fraudulently

• You or a third party altered your document

• You did not make us aware of any known concerns in connection with your

testamentary and/or mental capacity (for example a diagnosis of a medical

condition or medication you were taking)

• You used our service in breach of these terms (for example buying a document for a third party or resale)

• Loss of corruption of data or information caused by any computer virus or technical defect transmitted through email transmission

• Any delays or failure in performance under these terms resulting from acts beyond our control, such as a flood, war, emergency, electricity failure or pandemic

12.4 We’re not liable or responsible for verifying, investigating, advising on/or checking:

• Your identity

• The identity of those named in your document or those who sign your document

• Your age

• Your testamentary and/or mental capacity or the capacity of those who witness your document/act as Certificate Provider

• That the answers that you give our telephone team are accurate and true

• Whether you or any other person was subject to undue influence when using our services

• How to mitigate the risk of any actual or potential third-party beneficiary claims or whatever kind against your estate

• Specialised tax advice (including in relation to inheritance tax)

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• That the document you make will remain in line with changes to your circumstances, the law, regulation or taxation

• Future changes to the LPA

13. Provision of Information

13.1 To assist us in carrying out the work as efficiently as possible, you will need to ensure that all information provided is, to the best of your knowledge, complete, accurate and up to date. You should also notify us of any changes or variations to that information which may arise after the date it is passed to us and of any new circumstances that might be relevant to the work we are undertaking. It is important to note that, work in some instances cannot proceed without certain documentation being provided by you. Libra Partnership Ltd is not responsible for chasing the required documents due to be provided by you once you have been notified of its requirement. This is done both verbally and in writing.

14. Lack of Communication, Refusal & Withdrawal of Services

14.1 You are required and expected to keep in contact with us throughout the process and respond promptly to emails and communication. Failure to do so can result in a significant delay in our services and the registration process.

14.2 Libra Partnership reserves the right to withdraw services or refuse to provide our services on any occasion, without incurring liability, if in our reasonable opinion, you have had the opportunity to respond and contact us. There will be no refund available for the withdrawal of services due to this.

15. Costs

15.1 Libra Partnership Ltd offers a fixed-fee service. All fees quoted include VAT where applicable.

15.2 Our fees also include the costs of registering documents with the Office of Public Guardian.

16. Postage

16.1 Libra Partnership Ltd is not responsible for any documents lost/stolen or damaged during the postage process. We always advise using recorded, tracked, or special delivery services.

16.2 Return postage of documents will be included as part of your service payments unless LPA documents are sent outside of the UK for signing. Return postage from outside the UK is the responsibility of the signatory party.

17. Data Protection

17.1 We are registered as a Data Controller with the Information Commissioner’s Office. We will use the data you provide to us solely for the purpose of providing you with Lasting Power of Attorney services pursuant to an agreement we have with you, or as is permitted in law.

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17.2 We may have to share some or all your information with other third parties. This may include experts and other third parties whom we need to instruct to assist us with your matter.

17.3 You have rights under the General Data Protection Regulation (GDPR) and Data Protection Act 2018, and these include the right to be informed about what information we hold about you. You also have the right to request a copy of any information about you that we hold at any time, and to have that information corrected if it is inaccurate. If you believe that the information that we hold is wrong or out of date, please let us know and we will update it. For further information, please see our full Data Protection & Privacy Policy.

18. Cybercrime & Email Fraud

18.1 Unfortunately, Cybercrime and email fraud are on the increase. Fraudsters are using very advanced methods to manipulate IT and intercept communications.

18.2 If you ever receive any other communication purporting to come from us and which purports to change our bank account details or to request that you send funds to another account, please do not rely on this. If this is the case, immediately contact the Libra Partnership team by telephone. Even if the request appears to have come from us, you must never send funds to another account unless you have verified this with us.

18.3 We cannot take any responsibility for any losses where funds are transferred to other accounts that have not been verified by us.

19. Statutory Obligations

19.1 We are under a professional and legal obligation to keep the affairs of Donors and their signatories confidential.

20. Insurance

20.1 We have professional indemnity insurance in place. Please get in touch with us if you’d like further information regarding our insurances.

21. Rescheduling Appointments

21.1 Donor/Customer Rescheduling:

21.1a A deposit or remaining service total is required to be paid at the point of booking to secure your appointment with your LPA Consultant. Should you need to change your appointment, please contact us ASAP at LPA@librapartnership.co.uk or call 0333 305 0105 and we will support you to reschedule.

21.1b If you wish to cancel your appointment and terminate our agreement, you are required to let us know in writing via our Cancellation Notice Template and will be subject to our Cancellation Policy.

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21.2 Libra Partnership Rescheduling:

21.2a Should we (“Libra Partnership”) need to reschedule your appointment we will contact you via email or phone, depending on your preferred contact method, to arrange this. You will receive an email confirming the amendment to the booking. In the event of us needing to reschedule, we will aim to give you as much notice as possible.

21.2b Should we (“Libra Partnership”) need to reallocate your case to another LPA Consultant due to unforeseen circumstances, this may include but is not limited to ill health, holiday, absence, resignation, or position changes, we will contact you via email or phone, depending on your preferred contact method, to inform you of this change. In the event of us reallocating your case, we will aim to give you as much notice as possible.

22. Termination (Cancellations)

22.1 You have a legal right under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel this agreement within 14 days of entering it. Please call us on 0333 305 1329 if you need to speak to us.

22.2 To cancel the agreement, we will require confirmation in writing. Please complete the Cancellation Notice Document and send this to us at LPA@librapartnership.co.uk.

22.3 When agreeing to proceed with our services you will be asked to pay a 20% deposit on booking your initial telephone call with your LPA Consultant. To secure your booking, payment must be made at the time of making the appointment. The remaining service amount will be required on booking your LPA Consultant Meeting.

22.4 During the 14-day cooling-off period, you may withdraw your instructions at any time by written notice via our Cancellation Notice Template.

22.5 After the 14-day cooling-off period, you may withdraw your instructions at any time by written notice using our Cancellation Notice Template, but you will be liable to pay our reasonable fees in respect of work that has already been completed as detailed below: Your LPA Consultant telephone call has been completed:	After the 14-day cooling-off period, 20% Deposit is non-refundable.
Your LPA Consultant meeting has been completed:	After the 14-day cooling-off period,100% of the service cost is non-refundable.