Frequently asked questions relating to the Harpenden Building Society Solicitor Panel
from members of the public
My fiance and I are first time buyers. Within the 48 hours our property lawyer has forwarded the sale agreement to sign with a detailed report with the expectation that exchange is imminent. Harpenden Building Society have this evening contacted us to inform me that there is now an issue as our lawyer is not on their approved list of lawyers. Is this a problem?
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 solicitors should contact Harpenden Building Society and see if they can apply for membership of the Harpenden Building Society conveyancing panel, but if that is not viable Harpenden Building Society will instruct their own solicitors to act. You don't have to instruct a firm on the Harpenden Building Society conveyancing panel and you may continue to use your own solicitors, in which case it will likely add costs, and it will likely delay the transaction as you have another set of people involved.
Please assist. My lawyer is not to blame but, my purchase conveyancing has been going on for months. The Local Authority Search from Harpenden Building Society was date stamped random date and we have agreed a date for me to move into the property on 6 months + 3. My lawyer says that as she is on the Harpenden Building Society conveyancing panel she needs to reorder the searches as they are now out of date.
One of the many conditions to being on the Harpenden Building Society approved panel is to comply with the CML Handbook Part 2 obligations (last updated for this lender on Harpenden Building Society)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 Harpenden Building Society.
I see that you have a search directory listing firms on the Harpenden Building Society conveyancing panel. Do firms pay you a commission if I appoint them for my conveyancing?
We are a listing service only for law firms wishing to communicate if they are on the Harpenden Building Society conveyancing panel or other lender panels. We do not charge referral fees to the any conveyancer that you subsequently appoint.
I am considering remortgaging my apartment does my lawyer have to be on the Harpenden Building Society Conveyancing panel?
In theory, you could use a solicitor that is not on Harpenden Building Society conveyancing panel, but Harpenden Building Society would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same conveyancing matter.
The for formalities of my purchase has taken place with a mortgage from Harpenden Building Society. Conveyancing was satisfactory but I feel I should register my dissatisfaction about Harpenden Building Society. Who do I contact should I wish to lodge a complaint?
All lenders have complaints procedures. Your first port of call should be one of the Harpenden Building Society branches or the Customer Services Department at Harpenden Building Society head office. We understand that complaints to Harpenden Building Society are resolved 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 Harpenden Building Society about the lawyers being on the Harpenden Building Society conveyancing panel?
There is little point in complaining directly to Harpenden Building Society. Every solicitor firm 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.
Harpenden Building Society have agreed my mortgage in principle, my offer on house has been accepted, now what?
The estate agent will want to know who your solicitors are (make sure these solicitors are on the lenders panel). Call up Harpenden Building Society or your broker and complete any relevant paperwork. Harpenden Building Society will tell you what documents they want. Harpenden Building Society will instruct a valuer. The valuer will get in touch with the estate agent or seller to book an appointment. Once conducted (assuming no problems) it takes about week to get a mortgage offer. Harpenden Building Society will issue the offer to you and your lawyer. The transaction will then take it’s course according the nature and complexity of the conveyancing.
