Q and A’s regarding the Coutts & Co Conveyancing Panel from members of the public
My husband and I are buying a 1 bedroom flat in Leeds with a mortgage from Coutts & Co. We would like to retain our solicitor but Coutts & Co says he's not on their "panel". We have to appoint one of the Coutts & Co panel firms 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 Coutts & Co use our lawyer?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the Coutts & Co 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 lawyer to apply to be on the conveyancing panel for Coutts & Co
Our lawyer has uncovered a problem with the lease for the property we are purchasing. The seller’s lawyers have put forward defective title insurance as a solution. We are content with insurance and will pay for it. Our solicitor says that as he is on the Coutts & Co conveyancing panel he must check that the lender is happy with this solution. Who is the client here, us or Coutts & Co?
Just because you have a mortgage offer from Coutts & Co does not mean to say that the property will be meet their requirements for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the CML Handbook Requirements. You and Coutts & Co are the client. These conveyancing instructions must be adhered to by the Coutts & Co conveyancing panel who has to balance acting for you and Coutts & Co
Your search tool is useful but there are many lawyers listed near Manchester on the Coutts & Co conveyancing panel. It would be a lot more helpful if you could recommend a specific firm on the Coutts & Co 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 lawyer’s firm is expelled from the Coutts & Co Solicitor panel prior to completion?
First, 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 for a fee.
Completion of my purchase has taken place with a mortgage from Coutts & Co. Conveyancing was satisfactory but I feel I should register my dissatisfaction about Coutts & Co. Who do I contact should I wish to lodge a complaint?
All banks and building societies have complaints procedures. Your first point of contact should be one of the Coutts & Co branches or the Customer Care Team at Coutts & Co head office. We understand that complaints to Coutts & Co are sorted out effectively and efficiently. However if you are not satisfied that the matter is resolved you can write to the
Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR with full details of your complaint.
Can I register a complaint to Coutts & Co about the lawyers being on the Coutts & Co conveyancing panel?
Complaining to Coutts & Co about their conveyancing panel is unlikely to yield much of a response. All solicitors and conveyancer must have a complaints procedure. Usually one can find this 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.
I have instructed a lawyer having checked that they are on the Coutts & Co conveyancing panel. Does my lawyer arrange the survey of the property?
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I've digested plenty of mortgage guides,I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my solicitor - who is on the Coutts & Co conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Coutts & Co will need an independent valuation of the property. Your lawyer will not arrange this. Usually Coutts & Co will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey.
You may wish to consider appointing your own surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
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Your lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by postcode. As you are getting a mortgage with Coutts & Co you could contact your them to see if they have a list of approved surveyors.