Barclays plc Conveyancing Panel Information

UK Finance Designator: Barclays Bank UK PLC
Jurisdiction: England and Wales

The information on this page is designed to keep solicitors and licensed conveyancers abreast of latest requirements changes by Barclays plc and to assist in remaining on the Barclays plc Solicitor Panel.

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Barclays plc Conveyancing Panel: Recently Asked Questions

Are the CML planning on creating a online directory search tool with a view to to identify practices on the Barclays plc conveyancing panel?
We are not aware of any intention on the part of the CML to develop such a tool.

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Theoretically Barclays plc could request or audit my files as I am on the Barclays plc conveyancing panel. How should I respond in the event of such a demand?
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 buyer client 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.

Are there conditions,outside the CML Part 2 requirements, that a firm should be aware of when on the Barclays plc conveyancing panel?
In order to be on the Barclays plc conveyancing panel solicitors have to complete an application form and agree Terms and Conditions. A sample of 5 conditions that we see amongst many lenders Terms (but not necessarily Barclays plc) are as follows:
  • You have the consent of all borrowers to apply for the deeds, before making any request for deeds. We will accept your request for deeds on the understanding that you have obtained such consent. If this is not the case then you should advise our Deeds Services Department in writing when you make your request
  • To forward the title deeds and documents to another solicitor/conveyancer within 24 hours of an instruction from us requiring you to do so. On forwarding the deeds as instructed you will confirm to us that you have done so. Upon receipt of your confirmation, we will release you from all undertakings relating to your holding the title deeds.
  • To carry out our instructions with reasonable care and skill, ensuring that all employees carrying out mortgage work on our behalf are qualified and competent to do so
  • To keep us informed of the reasons for any delay in your being able to send the title deeds and documents we require to us within 3 months of completion or evidence of proof of registration within that period. (We will send reminders if the deeds have not been received but will not acknowledge receipt of deeds.)
  • To notify us in writing of any change in your details as held on our records for example, change of address, telephone number, document exchange number email address. Notification must be given to us at least 10 days before the change will be effective.
One of our conveyancers is acting for a seller of a property and we have received a letter from the buyers solicitors who are not on the Barclays plc conveyancing panel requesting that we undertake to send certain post-completion documents to a law firm on the approved solicitor list for Barclays plc. We have not come accross this before. Do we give the undertaking?
You will be aware of the trend in recent years for lenders such as Barclays plc to take a much more pro-active approach in relation to the management and make up of their conveyancer panels. The knock on effect of this is that it is more likely that there will be a higher number of cases where a conveyancer is not on the Barclays plc panel. The situation that you find yourself in is where your client’s purchaser has his/her own lawyer and Barclays plc have appointed a separate lawyer to act on their behalf where the new CML Part 3 requirements apply. Section 11.1 of the UK Finance Lenders’ Handbook Part 3 requires Barclays plc’s panel solicitor to ‘ ...transfer the mortgage advance directly to the Seller’s conveyancer. The Seller’s conveyancer must be required to hold the mortgage advance on the terms of the required undertaking. The example borrower’s conveyancer’s undertaking letter includes a specific example of the seller’s undertaking’. You should expect to be advised to received the mortgage advance directly from the conveyancing solicitors for Barclays plc. You will no doubt be required to undertake directly to Barclays plc’s solicitors to discharge any charges secured on the property and to send directly to them the executed transfer and any other documents required to enable us to effect registration. Please remember to carefully consider undertakings in accordance with your firm’s protocol and record them in your undertakings logg. Please remember that as well as this breach of this undertaking having regulatory and compliance implications it’s breach could also result in your firm being removed off the Barclays plc conveyancing panel.
I am a sole practitioner firm on the Barclays plc conveyancing panel. How can we advertise our firm as carrying out conveyancing in Hendon authorised to act forBarclays plc?
8 consumers search for a property lawyer on the Barclays plc panel each month in Hendon. The lenderpanel directory service team who will show you how your firm can be found by those searching for conveyancing in Hendon.
If my application is successful will Conveyancing Quality Scheme accreditation secure my firm’s acceptance on to lenders conveyancing panels?
The Law Society’s 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 mortgage companies now use the scheme as the starting point for Panel acceptance as is the case with HSBC.
I am on the Barclays plc conveyancing panel and all set to complete a remortgage shortly. My file does not contain a Mortgage Deed for the client to sign. Who do I contact at Barclays plc to request substitute deeds?
You should contact Barclays plc to obtain standard documents. The The Council of Mortgage Lenders Handbook incorporates an explicit question for banks to enumerate who to contact to obtain standard documents. It helps to quote the firm’s Barclays plc conveyancing panel number.
Average number of days to register title including a charge in favour of Barclays plc
This information relates to purchase only and not remortgages.
YearDays*
2013 26.5
2012 30.6
2011 25.8
* Data aggregated from sources including COMPLETIONmonitor

Recent Changes Include

# Date Assoc. Changes Related To
5.15.2a 19/01/2019 CML
5.19.1 04/07/2018 CML
16.3.7b 04/04/2018 CML
Lender Name 30/03/2018 CML
16.3.7a 01/06/2017 CML
16.5.3a 01/06/2017 CML
17.1.1 01/06/2017 CML
17.2.1a 01/06/2017 CML
5.5.1b 01/12/2014 CML
6.14.3 01/12/2014 CML

Last update 11/11/2019

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