Conveyancer - Archive Charge Fee / Electronic File Storage - necessary??

Tunstallstoven

Hi all

Our conveyancer has put an entry on our completion statement for "Archive Charge Fee". On the original quote it was listed as an "Electronic File Storage".

I've asked them exactly what this is, but they were a bit vague. They also said that if we chose not to have the service, it would probably cost us more to pay for the paper file due to photocopying etc.

As they are not shedding much light on this, I wondered if anyone here can explain what this is, when we would need it, etc. And are they allowed to charge us a photocopying/admin fee if we want our paper file?

Any other thoughts?

Many thanks

davidmcn

I suspect it's similar to airlines adding non-negotiable extra charges for "fuel tax" or "checking in".

TBagpuss

It's a little complicated, and it may be different depending on whether they are solicitors or not.
If they are solicitors, then it is my understanding that generally, most of the file belongs to you, but some parts such as file notes *may* belong to the solicitor.
They therefore shouldn't charge you copying costs as you should be able to have the original file, and if they want to copy it so that they can keep a copy for their own records, it would be at their own expense.

If they are not local to you then they probably can charge you for the cost of physically sending the file to you. If you are local you could collect it.

If they store it, then yes, if you wanted the file / a copy of it, at a later date they would be entitled to charge a fee to retrieve t , if they have said that they do so in their client care or closing letter, or terms of business.

If the terms of busines you signed at the beginning explicitly said that there would be a charge for the file then you have a contract which includes that provision so they can make a charge now.

Tunstallstoven

Thanks David. Are you referring to the £5 charge or the proposed charge for the photocopying?

Tunstallstoven

Thanks TBagpuss. I'll check the paperwork.

They are in fact solicitors. They way they explained it on the phone was that with the electronic file storage the file would be there in the future for them should they need it and they would be able to access it without having to make a charge.

G_M

what did their terms and conditions say when you signed up?

davidmcn

Seagull27 wrote: »

Thanks David. Are you referring to the £5 charge or the proposed charge for the photocopying?

I suspect they'd charge you for either, so you'd be best just to treat it as part of their fee rather than an optional extra.