Hampden Conveyancing Panel : Questions and Answers
from members of the public
Am I correct in assuming that the fact that my solicitor is not on the Hampden Conveyancing panel that there is a problem with the standard of his conveyancing?
It would not be wise to jump to that conclusion. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator indicated 76% of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) lack of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. If you are concerned you should simply call the firm and ask them why they are no longer on the approved list for Hampden.
Can you clarify something for me?. For no fault of my lawyer but, my purchase conveyancing has been going on for months. The Local Authority Search from Hampden was issued random date and we have agreed a date for me to move into the property on 6. My lawyer informs me that as she is on the Hampden conveyancing panel she needs to reorder the searches as they are no longer valid.
A precondition to being on the Hampden approved panel is to comply with the CML Handbook requirements (last updated for this lender on Hampden)which states that a local authority search be not more than 6 months old. You should nevertheless ask your lawyer to check whether something called ‘search validation’ indemnity insurance is acceptable to Hampden.
Do all the licensed conveyancers and solicitor practices listed on your search have online case tracking as I understood that this was a condition of being on the Hampden conveyancing panel?
The Council of Mortgage Lenders or BSA do not require online case tracking. Some law firms operate such technology and some don't.
I am attempting to get my former partner removed the mortgage deeds. Can Hampden really tell me which solicitor I can or can not use?
You can use any solicitor you like but Hampden then has the right to appoint a different solicitor to act for them at your expense. It might be more cost effective and quicker to instruct a lawyer who is on the Hampden solicitors panel
Do the majority of banks operate their own panel of solicitors?
Many lenders do operate a restricted conveyancing panel but a lot of lenders allow any solicitors to join their panel so long as they meet their criteria. Each lender sets their own criteria. For example the Hampden conveyancing panel requirements are different to Hampden’s conveyancing panel requirements.
I have today made my last payment due on mortgage with Hampden. I assume I don't need a solicitor on the Hampden panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Hampden mortgage they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Hampden mortgage from the register. Hampden,and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
but are not moving to another property
where the Hampden has sent the Land Registry the discharge electronically, and
the Hampden has instructed the Land Registry to do so
The Land Registry will send you a letter confirming that your Hampden mortgage has been paid off.
I recently had an offer accepted on a house. My mortgage broker recommended their conveyancers I paid an upfront payment of 150. Soon after the conveyancers contacted me sheepishly admitting that they were not on the Hampden conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Hampden panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.