Barclays plc Conveyancing Panel Information

We can't comment specifically on Barclays plc. Many major lenders are now introducing ‘file auditing’ as standard practice in relation to completed matters. This raises questions of confidentiality in relation to the borrower and the purpose to which the results of such audits will be put. The starting point is to remember that the file does not belong to your firm, it belongs to the ‘client’. But, of course, we will normally have two clients – the buyer and the lender - and you will owe a duty of confidentiality to each. So basically, you have to separate the file and just send the lender the parts solely relating to themselves. But, of course, as this will basically be correspondence with the lender, mortgage instructions etc.

Check with your COLP but a firm should not send the complete conveyancing file without the buyer client’s express consent – and if she is in dispute with the lender she is hardly likely to agree. However, if the lender can establish a prima facie case of fraud, then you may be under an obligation to disclose the whole file.

The emerging convention is that lenders are including an authority to disclose in loan application forms to counter this problem. Mortgage Express v Sawali, [2010] EWHC 3054 (Ch) indicates that such provisions are valid. Please click here for more information about that case.

The majority of lenders do not operate a specific buy to let conveyancing panel but we are hearing about a few that do. We do not know what the position is with Barclays plc as at todays date. If you're about to receive instructions from a client on a buy to let purchase with a mortgage from Barclays plc we suggest that you call Barclays plc to check the position.

For most lenders participation on the lender's panel of conveyancers is at the absolute discretion of the the lender. Many lenders reserve the right to accept or reject any application without giving any reason. You should check your original application to join the Barclays plc conveyancing panel to see if you are entitled to a reason.

9 consumers search for a conveyancing practitioner on the Barclays plc panel every 4 weeks in Hendon. The lenderpanel directory service team who will show you how your firm can be found by those searching for conveyancing in Hendon.

CQS accreditation gives no guarantee to lender panel acceptance. Nevertheless the CML have indicated that it is likely to become a prerequisite for firms wishing to remain on their approved list of firms. Some Lenders now use CQS as the starting point for Panel approval such as HSBC.

You would be advised to get in touch with Barclays plc to obtain standard documents. The CML Handbook contains a specific question for lenders to set out who to contact to obtain standard documents. Barclays plc in their Part 2’s state: It helps to quote your Barclays plc solicitors panel reference.