Q and A’s regarding the Bank of Scotland Private Conveyancing Panel from members of the public
I need to swap lawyers as my lawyer is not on the Bank of Scotland Private panel of conveyancing solicitors. How easy is it to change conveyancer?
If you haven't yet instructed a solicitor to do anything for you and have just received quotes, you're perfectly free to choose a different solicitor to carry out your work for you. The best way is to get recommendations from friends or family who have actually used the solicitor or conveyancer you're considering.
We are due to exchange on the purchase a house but as a result of damage from the recent storms I have agreed compensation from the seller of £3k approx by way of a reduction in the price. This was going to be dealt with as part of the conveyancing process but my mortgage company Bank of Scotland Private will not agree to this. Why was Bank of Scotland Private even consulted?
Your lawyer being on the Bank of Scotland Private conveyancing panel is duty bound to inform Bank of Scotland Private of any changes to the purchase price. If you were to refuse your lawyers to disclose the reduction to Bank of Scotland Private then they would have to discontinue acting for you and Bank of Scotland Private.
I am purchasing a house and require a conveyancing solicitor in London who is on the Bank of Scotland Private solicitor. Could you point me in the right direction as regards a firm?
Our service is a directory service for firms who wish to be listed as being on the approved conveyancing panel for Bank of Scotland Private . We don’t recommend any particular firm.
We're in Liverpool, First timers buying with a mortgage (lender is Bank of Scotland Private , but our lawyer is on the Bank of Scotland Private conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Bank of Scotland Private conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no conveyancer should guarantee a time-frame for your conveyancing due to third parties outside of our control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain
Do conveyancing solicitors on the Bank of Scotland Private conveyancing panel work on a no move no charge basis?
There is generally no requirements by lenders for their firms to operate on a no-sale-no-fee basis. There a small number of lenders who operate a very restricted conveyancing panel managed by a third party company (often termed in the industry as a ‘gatekeeper’). That third party may impose certain conditions such as non-sale-no fee on the panel firms. If you require this as a condition of your conveyancing then you should check with the conveyancing firm that this is part of their package
What are the common reasons for a lender such as Bank of Scotland Private to withdraw a mortgage offer?
Banks and Building Societies such as Bank of Scotland Private can revoke their mortgage offer although this rarely happens. In the unlikely event that Bank of Scotland Private withdraw their offer they may or may not inform you or the lawyer as to the reasons why. There are many potential reasons but here are 5 examples:
- Many mortgage offers have an expiry date. Your lawyer should check this. Bank of Scotland Private may amend or withdraw an offer before the end of its validation period if an offer extension is requested and following a re-evaluation of the property the value of the security is below a level which is acceptable to them.
- Where the purchase price and borrowers direct contribution differ to details on the mortgage application form completed by the borrower
- Where to proceed with the Mortgage offer would be unlawful
- Where the sale is not at arms length for value to unconnected persons
- If the lender reasonably believe that the applicant, borrower, mortgagor or guarantor is insolvent or is about to become insolvent or has or will have a petition presented or if any one or all enter into any arrangement with their creditors generally or if any one or all should suffer a material change in their financial circumstances
Can I register a complaint to Bank of Scotland Private about the lawyers being on the Bank of Scotland Private conveyancing panel?
There is little point in complaining directly to Bank of Scotland Private. All solicitors and conveyancer must have a complaints procedure. You can get information from the solicitor’s or conveyancer’s website or ask at their office. They must tell you about it if you ask.
The Legal Ombudsman will make sure that your complaint is addressed by the solicitor. It can also advise you how to complain.
If a licensed conveyancer does not have a complaints procedure or will not tell you about it, contact the Council for Licensed Conveyancers (CLC), which will make sure that your complaint is properly dealt with by the conveyancer. Please see below for more information.