FAQs for the First Direct Conveyancing Panel
from members of the public
My partner and I are novices when it comes to buying a property. Within the last couple of days our conveyancer has forwarded the sale agreement to sign with a detailed report in anticipation of exchanging contracts shortly. First Direct have this afternoon contacted us to advise us that they have now hit a problem as our lawyer is not on their approved list of lawyers. What do we do from here?
When purchasing a property with the benefit of a mortgage it is usual for the purchaser's solicitors to also act for the purchaser's lender.
In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme.
Your property lawyers should contact First Direct and see if they can apply for membership of the First Direct conveyancing panel, but if that is not viable First Direct will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the First Direct conveyancing panel and you may continue to use your own solicitors, in which case your legal fees may increase, and it will likely delay the transaction as you are adding another lawyer into the mix.
My wife and I changing mortgage lender for our maisonette with First Direct. We have a son approaching twenty who lives with us. The solicitor on the First Direct conveyancing panel has asked us to disclose anyone over the age of 17 other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the flat is forfeited by the lender. I have a couple of questions (1) Is this document specific to the First Direct conveyancing panel as he never had to sign this form when we purchased 5 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to First Direct .This is solely used to protect the First Direct if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave.
It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of First Direct had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
I need to find a First Direct panel solicitor in Belfast. Could you help me?
It is not clear why you need a First Direct panel solicitor but in any event, if you can not find one on our search tool you will need to speak directly to First Direct to find out which solicitors in First Direct are on their panel. If you do find such a firm not listed please direct them to our site to list. After all the cost is only one £1 a month
My lawyers in Leeds have advised me that they can not locate my conveyancing file. At the time of my purchase I took out a mortgage with First Direct. Is it case that being on the First Direct conveyancing panel they need to have retained the file for a prescribed period?
It very much depends from lender to lender but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the First Direct Conveyancing Panel Terms. It might be worth you contacting First Direct directly.
I have not been happy with the level or service received from my lawyer. Is there a First Direct conveyancing panel complaints department or do I complain directly to the law firm?
There is little point in complaining directly to First Direct. Every solicitor firm 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.
It is not clear whether my mortgage offer requires a lease extension . I have telephoned First Direct on various occasions and told it wasn't a problem and they would lend. My solicitor - who is on the First Direct conveyancing panel- telephoned and was told not they would not lend in accordance with their CML Handbook minimum lease term requirements. I simply dont know who is right
As long as the conveyancer is on the First Direct panel she or he must comply with the CML Handbook requirements for First Direct. Unless your lawyer obtains specific confirmation in writing that First Direct will go ahead your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask First Direct to contact your lawyer in writing confirming that they will accept the remaining number of years left on the lease.
I was told two weeks ago that my mortgage has been agreed
to by First Direct. Is it usual for First Direct to only issue the offer once my
solicitor is approved on their conveyancing panel?
Mortgage companies tend not to not issue an offer until they have details of a lawyer on their panel. It can take a few weeks for First Direct to deal with your lawyers application to be on the First Direct conveyancing panel. There's no guarantee that your solicitors will be accepted.
