Author Archives: northainley

Jeans for Genes

This year the staff of North Ainley Halliwell Solicitors will be supporting Jeans for Genes Day.  The charity invites everyone across the UK, from nurseries and schools to companies, to wear their jeans for the Day in return for a donation. Funds raised provide vital care and support for thousands of children with genetic disorders. This year’s event will take place on Friday 19th September 2014.

The money raised by organisations and schools on Jeans for Genes Day funds a range of initiatives that improve the quality of life of children and families affected by genetic disorders, which affect 1 in 25 children in the UK – that’s more than 30,000 babies born each year. Their associated health problems mean that genetic disorders are the biggest cause of death of children aged 14 and under.

For more information please visit the Jeans for Genes website at: http://www.jeansforgenesday.org

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Extra savings when purchasing a Property with North Ainley Solicitors

The main change is that a 50% reduction will be given to applications to register conveyancing Transfers and Mortgages by electronic applications.  To qualify for the reduced fee the transfer must be for the ‘whole of a registered title’ which covers the majority of house purchases and many commercial transactions.

In respect of the usual registration fees payable on applications for registration, which are based upon the value of the property, further changes in the scale fees payable for properties priced between £50,001 and £80,000 reduce from £70 to £40 and for properties priced between £80,001 and £100,000 reduce from £120 to £80.  By submitting these applications electronically, clients will benefit from a further 50% discount on these new lower fees.

We already inspect documents or order official copies of documents electronically via the Land Registry Portal and are charged £3 per document as opposed to £7 per document when applied for on paper through the post.

We now submit applications to register conveyancing Transfers and Mortgages using the Land Registry’s Electronic Documentation Registration Service and the further saving on qualifying transactions is passed to our clients.

Contact our Property Department for more information on [email protected]

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Tour de Sylhet

The Firm is sponsoring Martyn Torr from the Oldham Chronicle who is participating in the Tour de Sylhet, a cycle ride lasting 5 days, to support Tommy’s, a baby charity that funds research into why one in four women lose a baby during pregnancy or childbirth.

If you feel you can help with a donation, please log on to

www.virginmoneygiving.com/michellesmarathonmission

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100 km Sahara Trek

The Firm is sponsoring Rex Shepherdson who has agreed to participate in the Sahara 100 km sponsored trek to support the Retinitis Pigmentosa Fighting Blindness Charity.

Next April he will set off with a group of people from RP Fighting Blindness Charity to walk 100 Km across the Sahara desert, on terrain ranging from archetypal dunes to dramatic lake beds in temperatures up to 37 C to raise money for research funds to try and find a cure for RP.

Rex will personally be funding the cost of the trek and all expenses, so 100% of donations will go the RP Fighting Blindness Charity.  More information can be found on his website at www.sheps.me.uk

Donations can be made by:

www.sheps.me.uk   (which has a direct link to Virgin money giving) www.Virginmoneygiving.com/Rex.trek
Cheque to Wm Shepherdson and Sons Ltd of Milking Green Saw Mills, Hartshead Street, Lees, Oldham OL4 5EE

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Mission Christmas

Thousands of children in poverty will wake up to a Christmas without presents this year.

That’s why Key 103 Cash for Kids, in partnership with the new Hamleys store at the Trafford Centre have launched Mike & Chelsea’s Mission Christmas.  They are asking people to buy just one extra present this year – a gift that they will give to a disadvantaged child to make their Christmas morning that little bit brighter. They are looking for new and unwrapped gifts suitable for children and young people aged 0 to 18 years and you can donate at one of their drop-off points.

North Ainley Halliwell has agreed to be one of these drop off points and would very much appreciate your assistance and co-operation with this charitable event.  There is no price guide and nothing can be too small – every little helps!

Our collection date is Friday 13 December 2013 and the last date to drop off any toys/gifts will be Thursday 12 December by 5:15 p.m.

 

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STARTING UP IN BUSINESS

This may be because redundancy has produced unexpected free time and financial resources to pursue an idea, or it may be that budding entrepreneurs seek greater independence and what they see as proper remuneration for their efforts.

Whatever the reason, if you are thinking of setting up in business there are some basic considerations to think about :-

Are you fully committed? – starting a business requires dedication and enthusiasm.  No half measures here.  You must believe in your business and your ability to deliver.

Do you have the right skills? or know where to find them? – you will need financial, technical, IT, marketing and possibly managerial skills to get your business off the ground.  If you can’t tick all of these boxes yourself training is available, or promoting key employees can often fill the gap.

Do you know your market? – understanding where the competition will come from and how to distinguish your product from theirs is the key to success.

Once you have answered these 3 basic questions there will be other considerations :-

  • Have you formed a Business Plan that your Bank will accept and lend against?
  •  Is yours to be a sole trader, partnership or Limited Company venture?
    (Different rules and considerations will apply, depending upon the choice you make).
  • Have you considered accountancy and tax aspects and found yourself a good Accountant?
  • If staff are involved, have you got Contracts of Employment to roll out that comply with current legislation?
  • Have you found premises to operate out of that provide security and flexibility into the future?
  • Are your terms and conditions fit for purpose?
  • Is your website (and social media skill) up to the mark?

The list goes on!  Hopefully you have answers to those questions that apply to your business.  Your strategy has to fit your situation and your budget.

Professional advice can seem expensive, but it can save money in the long term by helping you to avoid some of the problems that beset new businesses.  If you would like to discuss the needs of your new business give us a call to find out more.

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Making a Will – Frequently asked questions

MAKING A WILL-FREQUENTLY ASKED QUESTIONS

Making a Will is the only way to ensure that your assets are passed on to your loved ones on your death. A Will offers peace of mind and with professional advice the process can be quick and simple. Don’t put it off any longer-speak to us at North Ainley Halliwell about putting a Will in place. For more information on making a Will please see our factsheet below.

Why should someone make a Will?

The more important reasons are the following:

  • A Will enables you to make provision for your loved ones after your death.
  • You control who benefits from your assets and possessions on your death. If you do not make a Will, the law dictates how your property is distributed when you die (this is known as dying intestate).
  • You control who is to carry out your wishes by appointing Executors rather than the law directing who should be responsible for dealing with your affairs.
  • As you are in control of how your Estate distributed, you can structure your Will so as to avail of the most tax efficient way of dividing your Estate.
  • A Will enables you to appoint guardians of minor children.

What is an Executor’s function?

An Executor’s function is to deal with your affairs when you die, this is known as administering the Estate; they gather up all the assets, discharge any liabilities and then divide up the Estate in accordance with the terms of the Will.

The Executor will do all the paperwork necessary to transfer your property to the people named in the Will and liaises with the Solicitor to complete all the legal formalities.

Is an Executor paid?

Executors would be entitled to out of pocket expenses but they are not entitled to be paid, though provision can be made in the Will to remunerate them.

If you have a professional Executor e.g. a Solicitor or Accountant they would usually be paid for carrying out the role.

Is it necessary for the person you appoint as Executor to agree in advance to be an Executor?

No their consent in advance is not necessary, some people might not find out they are Executors until after the death. However, we would advise that you seek your Executor’s agreement in advance of appointing them. An Executor can choose not to act and if no other Executor is named in the Will the law steps in and dictates who should be responsible for looking after your affairs.

When should a Will be updated?

Wills should be updated regularly particularly if circumstances change e.g.

  • getting married –marriage revokes previous Wills.
  • getting divorced or separated.
  • buying a hous.
  • on receiving an inheritanc.
  • having children or grandchildren.
  • a beneficiary or executor named in your Will dies before you.
  • you give away or sell property specifically mentioned in your Wil.

Can anyone make a Will?

  • You must be over 18.
  • You must be of sound mind at the time.

If someone is considering making a Will what should they do or consider?

  • The first thing to do is look at your assets, think about who you would like to provide for and how you might be able to achieve this.
  • Think about what you would like to happen if the people you wish to leave your assets were to die before you.
  • Put some thought into who you would like to appoint as Executors-they have an important function so you should give the appointment some consideration and think about it practically–many people might automatically think of appointing the person that it is closest to them but this might not necessarily be the most suitable person. Also consider appointing substitute Executors in the event that the appointed Executor dies before you.
  • Consider if there are any particular wishes you want to include in your Will e.g. funeral wishes.
  •  Contact North Ainley Halliwell who can advise you on the options available to you.
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Fanatical about Fundraising

Congratulations to the members of North Ainley Halliwell who have been involved in fundraising activities over the last few months.

Earlier in the year four of our ladies took part in the 5K Race for Life at Heaton Park. The aim of Race for Life is to raise money for Cancer Research UK. Since Race for Life started in 1994 an incredible six million participants have raised over £457 million.

Last month the collecting tins were in evidence once more with a terrific effort by the firm in support of Children in Need. In addition to bake sales and competitions, our very own John Hepplestone (pictured) grew a moustache over the month and donated his sponsorship money to the charity.

So far this year North Ainley Halliwell staff have helped to raise a very creditable £810.84 for charitable causes, and our Christmas Hamper Raffle in aid of the Starlight Children’s Foundation and the Alzheimer’s Society will hopefully take that figure over the £1,000.00 mark.  Well done to all concerned!

We are currently looking at fundraising projects for next year. If you have any ideas please email Kari Rostron at [email protected]

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Five Financial Tips for the Festive Season

With the nights drawing in, Christmas fast approaching and the familiarity of the autumn television schedules warming our hearts, what better time in the year to get your affairs organised!

At our well-established firm of Solicitors in Oldham, the experts at North Ainley Halliwell help ordinary people organise their affairs on the basis of hoping for the best but preparing for the worst. We also know a thing or two about getting the upper hand over the Chancellor.

Along with all those resolutions you will make on 31st December about turning over a new leaf, reducing your overheads, and your waistline, why not consider the 5 tips below.

Not all of our suggestions require you to deal with professionals and most of them require only simple changes. Whether you are an employer or an employee, looking for work or retired, looking for love or about to embark on married life, for the first or second time, death and taxes elude no one. Our 5 top tips will point you in the right direction.

  1. Make a Will
    And make sure you keep it up to date. This enables you to benefit your loved ones, save tax for them at the same time, and gives you peace of mind. And don’t forget any death in service benefits. By nominating who you want to benefit you may save tax at the same time.
  2. Understand the tax status of your business
    And seek advice if you do not. Most business owners want to minimise capital gains tax on sale and ensure that tax is avoided or mitigated when they pass their business on to members of their family.
  3. Lend assets to your children
    (rather than giving assets away to them). This way you can give them a helping hand onto the property ladder (whether they are first time buyers or just trying to up-size) whilst reserving the right to demand repayment from them.
  4. Consider who will assist you as you get older.
    Do you need to appoint someone to help with your finances? What will happen if you have to move to a nursing home? How will you afford your nursing fees?
  5. Do a good turn
    Give money to charity. It has tax benefits, and turning your perspective outward when times are tough helps you to appreciate your own blessings.

For more information on the resolutions that you can plan for now that could make a real difference in 2013 and beyond please click here to send an email to Zoe Ashton, or call us now on 0161 624 5614.

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LAWYER IN THE NEWS

Our Senior Partner John Ainley has been named ‘Lawyer In The News’ in the Law Society Gazette.

Why was he in the news?JohnAinley077cropped
Acted over many years for the late Winnie Johnson, the mother of Keith Bennett who, aged 12, was killed by Moors murderers Ian Brady and Myra Hindley and whose body has never been found.  The two killers abducted and murdered five children between 1963 and 1965.

Winnie spent years trying to discover the whereabouts of her son’s remains.  Following her death from cancer on 18 August, John appeared on TV and radio on behalf of the family.

Thoughts on the case:
‘I had the utmost admiration for Winnie, who batted so hard to find her son Keith and was latterly also fighting terminal cancer.  I was personally affected by her death and disappointed that she did not find Keith so that she could give him a Christian burial during her lifetime.’

Dealing with the media:
I found the media supportive and sympathetic both before and after Winnie’s death.  They were genuinely upset to hear the news of her demise and, hopefully, my role enabled the family to have some privacy at such a difficult time.’

Career high:
‘Meeting Lord Longford while at law school in London and having a robust discussion with him about Myra Hindley and then, many years later, and by coincidence, representing the mother of one of her victims.  It is hard to believe that this thread has run through my professional life.’

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Dr Kershaw’s Hospice – Will Week Scheme 2012

The Private Client Department has once again taken part in the above Scheme. Under the arrangement we prepare Wills on behalf of our clients and instead of then billing the client we ask that they make a donation to the Hospice.

We are delighted to announce that this year as a result of our participation in the Scheme the Department has raised £1,985 for Dr Kershaws. We would like to thank all of our clients who took part and helped us to make the week such a success.

If you would also like to support the Charity please click on the link below.

www.drkershawshospice.org.uk

Dr Kershaws Logo

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Race for Life

Since Race for Life started in 1994, an incredible sRace For Life Photoix million participants have raised over £457million, more than any other UK event series raising money to fund cancer research.  At Heaton Park on 22nd July four of the North Ainley Ladies will hope to add to that total, as they run the 5km course in aid of this most worthy charity.  Jenny, Jo, Lucinda and Kari have been practising hard, at the gym and on the streets of Saddleworth over the last few weeks and are looking forward to the event on Sunday.  If you would like to support the girls please just visit the link to their JustGiving website http://www.raceforlifesponsorme.org/north-ainley Thanks!

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Giving Blood

Getting money from our Head Cashier is often compareMarie 50 Blood Donation3d with ‘trying to get blood out of a stone!’ But when it comes to giving blood, Marie Hluschyk is always at the front of the queue.

Marie has recently been given a Gold Award by the NHS Blood and Transplant for providing 50 donations of blood.  She first gave blood when she was 18 and continues to this day.  Not that Marie is unique but her blood group AB RH Positive is not common and always in demand.

Good to know that our people at North Ainley Halliwell are public spirited and try to make a difference.

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You and the Law – 24th January 2012

Blast from past

My husband had his employment contract terminated because of something he left off his security clearance form.  It was something that happened when he was 14, that is 30 years ago.  Can this be right?  DJ

Most convictions become spent after a period of time under the Rehabilitation of Offenders Act.  In practice this means you may not have to mention them when applying for a job or a mortgage for instance.  However the spent conviction will not be removed from the records, and the act does not apply to certain jobs.  If your husband was working with children for example and his conviction was relevant, his employers will have received information about it from the Criminal Records Bureau.  If he has been employed by them for less than a year they can sack him on a week’s notice without giving a reason unless his employment contract says differently.

What a shower

I moved into a newly-built house six months ago.  I paid £1,750 extra for an en-suite bathroom but the work is unsatisfactory.  Half a wall is missing, there’s no shower door, they’ve put in chrome shower taps and gold sink taps and so on.  What do you recommend I do?  VC

You don’t say what their response has been to your complaints so far, but in the first instance make sure you contact the right people and compile a list of remedial work you want carried out.  Presumably you have a plan which shows what you were promised for your money.  Keep copies of all correspondence and give them, say, three weeks in which to complete the work.  If you have an NHBC warranty you should contact them. If all else fails you can threaten to get another tradesman in to finish the job and sue the building firm for what it costs you.

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You and the Law 17th January 2012

All in the mind

I am a widower and I have met a woman who is a widow.  We live together in a three-bedroomed detached house.  We would like to get married, but her family have power of attorney over her property.  Can this be undone, or is it final?  She is of sound mind!  LS

It depends to some extent what type of power of attorney has been granted.  There are two types of Lasting Power of Attorney: one giving authority over financial affairs, the other over personal affairs.  Then there’s the older Enduring Power.  Were any restrictions placed on the powers by your friend?  Have they been registered with the Office of the Public Guardian?  The mental health charity MIND has an adviceline you can ring for further information on 0300-4666463.   If your friend still has capacity, she should be able to revoke the Power of Attorney.

Fall guy

Two years ago I had an accident at work, where the ladder I was on I slipped and I fractured my hip.  Then recently I was knocked off a stepladder and fractured my foot. I was on crutches for three months, and I’m told I may need surgery at some stage.  My benefit from work runs out shortly.  Am I entitled to a redundancy payment if my employment is terminated?  SH

There are a number of Health and Safety guidelines concerning the use of ladders at work, and to have had two accidents might suggest that your employers are not following them.  If that’s the case you may well have a claim against your employers for compensation, and you would be advised to see a solicitor specialising in work-related accident cases immediately as there is a three-year limitation period for bringing a claim.
It’s possible you will have a claim for unfair dismissal if you are sacked.

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Exam Success!

The firm is delighted to announce that Joanne Freeman, a Solicitor in our Private Client Department, has recently been admitted as a member of The Society of Trust and Estate Practitioners (STEP). In order to achieve full membership status it has been necessary for Joanne to undertake an extensive learning programme and thereafter successfully pass examinations in the following areas:

• Administration of Estates;
• Administration of Trusts;
• Taxation of Trusts and Estates; and
• Trust & Estate Accounting.

STEP is the leading professional body for practitioners in the field of Trusts, Estates and related matters. STEP promotes the highest professional standards through education and training. Members are subject to a rigorous code of professional conduct and can be identified by the use of the designation TEP (Trust and Estate Practitioner) after their name. STEP has in the region of 17,000 members, with branches located all over the world.

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You and the Law – 10th January 2012

What is required

I am an 80-year-old widower living alone.  I have about £10,000 in the bank.  I have made a will in favour of my son.  When is probate necessary, what does it mean and what does it cost?  AH

Probate is the document which confirms that a will is valid and states who the executors are.   It authorises the executors to gain access to bank accounts, shares and investments and to deal with the property of the deceased.  The purpose of the probate laws are, among other things, to ensure that the provisions of the will are carried out and, of course, to ensure that inheritance tax is paid where applicable.  Where small sums (usually less than £5,000) are involved, financial institutions may pay the money over to an executor without requiring to see authorisation, or a ‘Grant of Probate’. If it’s required, a direct application to the probate registry by the executors will cost £105.

Up the garden path

A footpath crosses our farm and now a member of the public has applied to the council to establish a new path leading from it past the front of our house.  This would affect our privacy and devalue our house, but the person who has applied says there used to be a path there.  Will the person concerned have had to pay a fee to have the path opened?  JW

The council has a responsibility to ensure that rights of way are not closed off, so there is no fee for asking it to do its duty. Similarly, there’s no fee for diverting a footpath if it’s in the public interest.  It only costs where the diversion is in the landowneris interest.  The person who has applied will have to prove that the footpath used to exist, either from maps or from statements from people who used to use it.  But a footpath cannot be lost because it is no longer used, it can only be closed by an order made under st atute.

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You and the Law – 3rd January 2012

Character assassin

I took my previous employers to an employment tribunal a few years ago, and as a result I think they are giving me a bad reference when I apply for other jobs.  Is there any way I can find out if this is the case, and would I be able to sue for defamation of character?  RM

It’s possible that one of the firms you have applied to will tell you what your former employer is saying about you.  You may also, under the Data Protection legislation, ask your former employer for a copy of your personnel records and any recent reference that they hold on file.  If they are giving the reference over the telephone then getting proof may be difficult.  But if you are able to establish what they said and it doesn’t correspond with your work record at the firm there are a range of legal remedies that you should discuss with a solicitor.

Buggy injury

My wife was run into by a motorised buggy in a supermarket.  They’re provided by the supermarket for elderly people to use.  She had the trolley shoved into her midriff, bruising her ribs and her leg, and she is still in pain four weeks later and receiving treatment from her GP.  The supermarket says it’s sorry and have offered us a £20 voucher.  Is it worth taking it further?  PS

Assuming your wife has now recovered fully it probably isn’t worth pursuing this, especially since the supermarket may not be held to blame for the accident depending on the checks and assessments they carried out.  Obviously the ‘driver’ of the machine was primarily responsible. If your wife had sustained more serious injuries then it may have been worth looking into whether the design of the buggy was partially to blame for either the accident or the injuries, in which case the supermarket may have been liable.  However, I imagine an ordinary supermarket trolley could be equally dangerous in the wrong hands!

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You and the Law 20th December 2011

Lost treasure

Since my mother died eight months ago we have been contacted by two organisations which say they have traced funds which we may be entitled to claim.  One says it has information relating to the death of my great grandfather in 1924, and the other is to do with some property.  They are prepared to recover this money for us if we agree to give them 25 per cent of the proceeds.  Is this legal and above board?  Is there any way of tracing the funds ourselves?  RT

As you may have seen on TV recently, there are several firms which make a living from tracing long-lost relatives named in wills.  You could obviously do some detective work, which will involve tracing your family tree, investigating wills and talking to relatives to discover where the money might be.  Very often such firms will find beneficiaries who haven’t been traced by the executors and who therefore never received their entitlement from an estate.  If you have engaged solicitors to deal with your mother’s affairs you should discuss this with them, but you’re in a win, win situation.

Holiday lottery

From next year, holidays at my place of work are being allocated to individuals in blocks of up to three weeks.  We will be allowed to make exchanges with colleagues, but anyone unable to negotiate a suitable holiday swap will be forced to take up to three consecutive weeks.  Are employers legally allowed to do this?  NR

It depends what it says about holidays in your employment contract, but potentially yes.  Prior to the introduction of the Working Time Regulations in October 1998, employers weren’t obliged to give workers holidays at all, paid or unpaid, so the current statutory entitlement to 5.6 weeks paid leave (including public holidays) can be seen as a step forward.  Unfortunately from your point of view the employer can decide when you take it subject to a notification process.

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You and the Law 13th December 2011

Keeper of the keys

The firm I work for has just gone bust and all the staff were left unpaid.  I’ve held on to my company car since I’m owed wages and a redundancy
payment, but the receivers have threatened to sue me if I don’t return it.  What can I do?  They owe me roughly the car’s book value.  LC

When a firm goes under its assets will generally pass into the legal
ownership of the receiver, liquidator or trustee, depending on what’s to
become of the business.  I’m afraid employees are not entitled to help themselves to the firm’s property by way of compensation.  You will have to return the car.  If the company can’t be saved, its assets will be sold off to pay its debts.  Employees are known as “preferred” creditors, which in theory means they could receive payment from any money realised. However you may have to claim your wages, outstanding holiday pay, notice pay etc from the Government.

Lowering the tone

The house next door has been empty for nearly 11 years since the owner
died.  It was left to a nephew, who visits occasionally to pick up the post.
It has been broken into twice and is in a very bad state of repair. Is there
any way I could get the owner to keep the house in a reasonable state?
  AJ

The general rule is that people can’t be compelled to look after their
property.  However the council has powers under the Housing Act 2004 to bring empty houses back into use. You could ask the planning department to
consider this.  If the council agreed, the nephew would be contacted and asked what his plans are for the house. It might prompt some action. Otherwise there’s little you can do unless the condition of the neighbouring house is causing damage to your own, or there is so mething in the title deeds compelling your neighbour to keep it in a good state of repair.

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  • Jill Gregory and staff were brilliant. They made myself and my family very comfortable. Thank you all very much.
    Mrs A Fenton - Oldham
  • Lisa Wright
    Lisa Wright
    15:05 25 Feb 19
    Cassie was fantastic throughout our sale and would recommend North Ainley if selling or buying a house.read more
    Lynn Findlater
    Lynn Findlater
    18:55 01 Dec 18
    I have used North Ainley for a number of years. They have successfully dealt with my parent's wills and more recently the sale of 2 properties. The staff are exceptional and imparticular Cassie who took care of the whole process from start to finish whilst I was overseas. She diligently chased all third parties and kept me informed at all times. I would recommend North Ainley as they have proved themselves time and again over the last 10 years in all of my family's legal affairs.read more
    Idnan Ahmed
    Idnan Ahmed
    12:57 30 Nov 18
    Excellent service. handled my latest commercial purchase professionally. Would recommend to anyone who is looking for a solicitors who are proffesional and easy to work with. Top service.read more
    Lucy Hoy
    Lucy Hoy
    16:39 27 Nov 18
    Excellent! Very friendly and fantastic communication throughout. Nothing was to much trouble. Thankyou Vinesh and Cassie. Would definitely recommend.read more
    Anil M
    Anil M
    15:11 04 Nov 18
    Fantastic Solicitors firm. Very professional. Close to Oldham Town Centre. Answer all your questions and concerns. Keep you upto date at every stage. I have used this firm for many years in buying and selling property. You can not go wrong using North Ainley Solicitors.read more
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