Common questions asked concerning the Banks and Clients Solicitor Panel from members of the public
My fiance and I are buying a 2 bedroom apartment in Leeds with a mortgage from Banks and Clients. We would like to retain our solicitor but Banks and Clients says she’s not on their "panel". We have to appoint one of the Banks and Clients panel solicitors or keep our solicitor and pay for one of their panel ones to represent them. We feel as though this is unjust; Can we not simply insist that Banks and Clients use our lawyer?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the Banks and Clients conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your solicitors to apply to be on the conveyancing panel for Banks and Clients
I do hope you can help me. My conveyancer is advising me that he has to apply for a Local Authority search because the firm are on the Banks and Clients solicitor panel. Do I not have a choice here?
Unfortunately both you and your lawyer have little choice here. Given that you are taking out a loan with Banks and Clients your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of Banks and Clients’s conveyancing panel appointment which obliges them to follow the CML Handbook requirements last updated Banks and Clients. even if you were a cash buyer you would be ill advised not to carry out a local authority search.
Your search tool is useful but there are many lawyers listed near Leeds on the Banks and Clients conveyancing panel. Can you recommend a specific firm on the Banks and Clients approved panel?
We are not in the business of recommending one firm above another as the right firm for you depends on where your priorities lie. For example you may require a local firm with local knowledge or you might be looking for the low cost conveyancing. We recommend that you speak to 3 or 4 lawyers listed before you make your choice..
What happens if my solicitor is suspended from the Banks and Clients Conveyancing panel prior to completion?
The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have ti instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by the regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
My husband and I are spending time viewing houses and am about to put in an offer. Is it premature to have a solicitor in place? I I am planning to take a home loan with Banks and Clients
It would be sensible to have your start your search soon rather than later. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and pass their details on the the estate agent. As you are getting a mortgage with Banks and Clients , make sure you remember to check that your lawyer is on the Banks and Clients conveyancing panel.
The for formalities of my remortgage has taken place with a loan from Banks and Clients. Conveyancing was a necessary evil but I would like to complain about Banks and Clients. How does one go about formally complaining?
Almost all banks and building societies have complaints procedures. Your first point of contact should be one of the Banks and Clients branches or the Customer Care Department at Banks and Clients head office. Ordinarily complaints to Banks and Clients are resolved effectively and efficiently. If you feel that the matter is not resolved you can write to the
Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR who will take matters further.
I have not been happy with the level or service received from my lawyer. Is there a Banks and Clients conveyancing panel complaints department or do I complain directly to the law firm?
Complaining to Banks and Clients about their conveyancing panel is unlikely to yield much of a response. 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.