Who are our competitors - and which worry us?

As "High Street" solicitors, who tend to handle local work for local people, it might be thought that our main competitors are other, similar "High Street" solicitors - I think not

Although there is competition between us and other local firms, we do not see them as an existential threat (oooh! Big words!) On the whole, they tend to have the same philosophy of business as us: do a good job, at a reasonable price, resulting in a satisfied client and a good reputation and more referral business.

To date, a bigger threat has come from those firms, big and small, that indulge in cut-price conveyancing: always ready to undercut the competition - after all, it must be better to discount by (another) £50 and get the work than not, right? Wrong! Cut price conveyancing is bad for everyone involved - even those paying full price further up or down the chain of transactions - as it leads to a "stack it high and sell it cheap" approach, which quickly becomes de-personalised (commoditised) and inefficient. A similar problem results from conveyancers who pay referral fees to buy in work - but that's for another blogpost.

However, a bigger threat still is nearly upon us: "Alternative Business Structures" in the jargoin of the regulators and, especially, non-lawyers being allowed to do conveyancing work for profit. The real threat - to existing practices - is that some big organisations - insurers, "service commoditisers", mortgage lenders, etc, will offer conveyancing services. Not only will they be the ultimate in "pile it high and sell it cheap" but they will have the resources to put in place systems that will far outstrip even the "warehouse conveyancers" of today.

Worst of all, many of them - mortgage lenders are the obvious example - will be able in effect to offer the conveyancing for free: either bundling the cost in with the overall mortgage loan or treating it as a loss leader to get and retain the lending business - and the associated financial services, where lots of money can be made.

How to compete? Well, trying to beat them at their own game will not work, as I simply do not have the financial resources. In order to compete, I need to sell my services to clients on the basis of value for money - not cheapness; genuine efficiency - not artificial busy-ness; local, useful knowledge - not a tick-box approach; and genuine approachability - not slick advertising.

That is why I -

• offer a money-back guarantee
• constantly update my office procedures and support IT
• am closely involved in my local community
• encourage clients to drop in to my office, without appointments, to speak to my conveyancing managers about anything that concerns them: if it is a legal issue, it will be referred to a lawyer, but for procedural or incidental queries, my managers are well able to cope

Deep and crisp and even

I cannot let the snowfall pass without at least one blog

There was plenty of snow overnight, resulting in a good 5 or 6 inches on the ground this morning. Though the side roads have been ploughed overnight, I do not expect any of my staff who drive to work to get in. That leaves Anne (my wife and office manager) and me, who both walk to work, to staff the office today.

That's not a problem: with no post or Document Exchange deliveries (it's the snow, you know), we are only dealing with phone calls and emails - and catching up on "back office" stuff such as planning my new website - details soon - and revising my terms of business

However, I was a tad upset when Anne commented, "It's lucky we can walk to work" - It's not luck: we planned for this; it's why we moved office from Cranbrook to Tenterden: so we do not have to use the car daily and so we can walk to work!

I love it when a plan comes together - but I'm looking forward to things getting back to normal

Let us Tentertain you

Tentertainment is back! On Friday (evening) 2 July plus (all day) Saturday 3 and Sunday 4 July at the recreation ground in Tenterden, Kent (TN30)

It's Tenterden's free festival weekend with (new this year) a jazz orchestra on the Friday evening

Full details at www.tentertainment.org

Tenterden Pudding Club

Once a month (on the last Friday in each month), various Tenterden-based professionals and business people (solicitors, accountants, estate agents, IFAs, telecom consultants, bank managers, insurance brokers, etc) get together for an informal, single-course lunch and a bit of networking

There is no need to commit to attending (nor to apologise if you cannot attend), but if you are in business in Tenterden and would like to be added to the email reminder list, let me know: send me an email at jn@justinnelson.co.uk

Rush Witt & Wilson return to Tenterden

Rush Witt & Wilson are estate agents with offices in Battle, Rye, Hastings, Bexhill and St Leonards. They did also open an office in Tenterden, but closed it when the economy went down the tubes

In what may be a sign that the economy (or, at least, the local housing market) is improving, I hear they are re-opening their Tenterden office on Saturday 3 April - you can even enter a free draw for a balloon ride, dinner at Richard Phillips at Chapel Down, guided tour of Chapel Down vineyard or a ride on the Kent & East Sussex Railway

Small town delights (number 99 in an infinite series)

This morning, while shopping in Tenterden with my daughter, I was approached by a postman in Waitrose with a recorded delivery letter that he had tried to deliver to my home earlier.

He had left the usual card, so that I could collect the item from the sorting office. However, seeing me go into Waitrose, he followed, and I was able to take and sign for the item there.

That's what I call service!

Another school governor monitoring visit

I have carried out another monitoring visit, this time focusing on "Community Cohesion", which is a formal way of saying, "We all have to get along together, so play nicely" - I understate for effect, of course, but it does seem to require a lot of input for something that, in 90% of schools, must be taught and experienced automatically anyway. Ah, well, it ticks some boxes ...

School monitoring visit

In my capacity as a governor of the Infant School in Tenterden, I today paid a monitoring visit to the school

It is always a delight visiting the school: all the children are well-behaved, happy and hard-working, and they really seem to thrive in the school's positive atmosphere; It makes me quite proud to be a small part of that success

My visit focused on the "drop-off club" in the mornings - which allows parents to drop off their children for supervised play before school normally starts, so that the parents can get off to work or whatever - and the role of the newly-appointed Family Liaison Officer. Both are aspects of the "Extended Schools" initiative, which tries to get schools more closely involved in their local communities.

On the basis of my visit today, both the drop-off club and the FLO are valued by parents, and (certainly in the case of the drop-off club) by the children who took part as well.

Yet more evidence, if needed, that the school is very successful

Tenterden accountants get it together

Two firms of accoutants with offices in Tenterden are to merge with effect from April Fools' Day (1 April 2010)

Phipps & Co, who also have offices in Rye, will merge with Gibbons Mannington, who also have offices in Rye (and in Bexhill as well)

As Phipps & Co have only relatively recently returned to Tenterden, re-absorbing the Day Peto & Co practice that had previously spun off from them, this merger seems to indicate that they are actively managing their future - as one would expect from good accountants!

Good luck to them in their latest phase of development

HIPs "upgraded" from 6 April

Now that HIPs must include a PIQ, there is another hurdle to leap before marketing a property, but we at Nelsons Property Lawyers think we can help

There are different versions of the PIQ for existing homes and for new homes - a new home for these purposes is a home that is being designed or constructed or which has never been occupied. – and different versions for freehold and for leasehold properties.

The forms produced by the government do not have to be used; so long as the same information is collected. This gives those who want to prepare a more comprehensive HIP an opportunity to make the PIQ more useful than the minimal form would be, but the current trend with HIPs is to do as little as possible to comply with the legal requirements, rather than as much as possible to expedite the sale process, so I will not expect anyone to try very hard to improve on the “basic” PIQ.

It should take most sellers less than ten minutes to complete the basic PIQ for freehold properties, but completing even the basic PIQ for leasehold property will be a longer, more daunting process.

The PIQ says, “The Property Misdescriptions Act 1991 (PMA) does not apply where the form has been completed solely by the seller.” There is, therefore, a clear implication that an agent who helps a seller complete the PIQ could be liable for property misdescription if the PIQ contains errors. Accordingly, it would be best for the estate agent to get the seller to complete the PIQ alone, or to get the HIP provider to deal with it or to enlist the assistance of a local solicitor or conveyancer.

Most sellers will, after some initial grumblings, complete the freehold part of the PIQ without too much resistance. However, the leasehold part is another matter completely and I anticipate that many sellers may feel the need to speak to a solicitor or conveyancer - ideally, the solicitor or conveyancer who acted when they bought the property.

Where they cannot (or will not) do that, we will be happy to help. We will spend up to half an hour at our office free of charge, helping a local seller complete the PIQ and guiding them on where they can find any information they are lacking. If more than half an hour is involved, we reserve the right to make a charge (probably £50), but would normally waive this - our aim is to build relationships with local agents and prospective clients, and to help streamline the conveyancing process, rather than to make a profit out of this quasi-legal work.

If you want help in completing the PIQ, please contact Sam (Samantha Robb) or Anne (Anne Browne) at Nelsons Property Lawyers in Tenterden: telephone 01580 767100

Wealden Business Group

I am a member of the Wealden Business Group (WBG): a breakfast networking meeting for business people in the Weald of Kent and Sussex. We meet on Wednesdays at the Little Silver Country Hotel, Ashford Road, St Michaels, Tenterden - further information at http://www.wgb.me

Having previously been chairman and secretary and filled other committee posts, I felt I had done my bit for the group; indeed, when I gave up being secretary a couple of years ago, I promised my wife not to take on another job - at that AGM at least

So I was rather surprised to find myself volunteering to become secretary again at the AGM on 1 April (last Wednesday) - I almost felt I was playing an April Fool's joke on myself!

I didn't tell my wife until Thursday evening, 36 hours later - I tell myself that this was because we had both been busy during the days and she had been away overnight, but I suspect it was also because I thought she'd thump me!

However, it is quite good to be fully involved again - I bet I won't feel the same this time next year!

Chamber of Commerce Spring Hop

Received from David Caulfield:
================================================================

Spring is here (nearly) and there’s no better time to get everybody dancing at a live music event. The ‘Spring Hop’ in St Michaels, Tenterden is to raise money for the Kent Air Ambulance and the Motor Neurone Disease Association – to be split equally between the two charities. There will be ten musicians and singers performing who are giving their services free of charge (not even expenses). The music is 50s, 60s and 70s. Some of the people taking part were in the hit pop group ‘The Dooleys’.

We are aiming for 200+ local people to attend and we will produce a program clearly listing all businesses that have contributed to the event. We will also mention everybody’s name on the night.

Here are some answers to some of the questions that will have immediately occurred to you (I can read your mind);

Q: Have we done this before?

A: Yes, last year we raised £660 for the Kent Air Ambulance and Demelza House.

Q: What are you aiming for this year?

A: We are determined to raise over £1000.

Q: Have you registered with both charities for this year’s event?

A: Yes.

Q: You haven’t told me the date.

A: Oh, it’s the 2^nd May. Here’s the rest of the details.

Spring Hop featuring Group 66 and members of The Dooleys.

2^nd May 2009.

Venue: St Michaels Village Hall, Grange Road, St Michaels, Tenterden.

Doors open 7.00pm for 7.30pm start – until late.

All proceeds to be split evenly between the Kent Air Ambulance and The Motor Neurone Disease Association.

All are welcome. If you would like tickets, please do not hesitate to get in touch. Many thanks.

David Caulfield: Mobile tel: +44 7770 483183
================================================================

So, if you want tickets, phone David

Dumped!

On Friday (in common, apparently, with a lot of other sole practitioner lawyers and low-volume conveyancers) I received a "Dear John" letter from Abbey National (or "the Abbey", as they like to be called but have not bothered to change their name to).

They have unceremoniously and without warning "dumped" me - I am, with immediate effect, no longer on their conveyancing panel for mortgage work.

No real explanation - I just don't rock their boat, apparently

I will try to engage in a dialogue with them, but don't hold out much hope

I have some theories as to what is going on, and will publish them here over time

ANOTHER charity shop in Tenterden?

It looks as though the former Cardfair shop in Sayers Lane, Tenterden, is going to be yet another charity shop - British Heart Foundation this time

While I don't particularly rate card shops, having yet another charity shop seems to be overkill

Tenterden Pudding Club

Not as interesting as the name implies ... the so-called "club" is simply an informal monthly lunchtime meeting of various local business people - mainly solicitors, accountants, estate agents, bank managers, etc

We meet on the last Friday of each month, so the next meeting is on 27 February, at No 75 in Tenterden High Street at 1pm. We usually have a one course meal and a drink, and aim to get away at about 2pm.

If any other local business people would like to join us, there is no need to book in or apologise for absence - just turn up at 1pm - but if you would like to be added to the email reminder list for future meetings, please let me know - I usually confirm the venue about 2 weeks before the next meeting.

Why this blog?

At the end of last year, I decided that I should start a blog, and have at last done something about it.

I do not delude myself that I have anything of particular interest to others on most topics that most bloggers (especially male bloggers) seem to want to blog - or rant - about, and this is not intended to be that sort of blog.

However, I do have concerns about various changes I see, especially to legal system generally in this country and the house conveyancing process in particular, and the impact this will have on the legal and associated professions and on businesses in small towns. I am certainly not opposed to change in principle, but I believe that the reasons for some changes are suspect and the implementation sometimes disastrous.

Though I have started this blog, I do not want it to be "mine" alone - I hope others will contribute, particularly -
- other solicitors, especially those whose views differ from mine
- other professionals involved in the areas of work that I cover as a lawyer and comment on here (estate agents, valuers, bank managers, etc, all of whom will be affected, too)
- the clients and service users who are on the other end of the experience, with their angle on things
- residents and business people in Tenterden and other small towns

I hope that my posts will be informative and constructive, and will provoke informed and constructive discussion

Well: that has set out my stall, to some extent. Now I need to start posting properly