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Coutts & Co Conveyancing Panel: Recently Asked Questions
What sort of information are Lenders such as
Coutts & Co are asking for when it comes to applying to be on their approved conveyancing panel?
Although not necessarily published, lenders have varying criteria .
We do not hold specific requirements relating to the questions raised as part of the application to be on the
Coutts & Co conveyancing panel. Typically lenders need to have full knowledge of a firm including (but not limited to):
Full complaints history for each licensed conveyancer
Whether the firm has ever knowingly accepted instructions on transactions involving Sale and Rent Back, Back to Back, Exchange and Delayed Completion and Lease Option, Below Market Value.
Full disciplinary history for each licensed conveyancer
Number of lender conveyancing panels the firm is currently on
Firm name, address and contact details including all branches (including evidence of existence through risk-based physical visits and Google Streetview checks)
Full complaints history for each conveyancing solicitor
Whether the firm is able to operate in other jurisdictions
Whether any lender has ever made a claim against the firm’s PII cover
SRA or equivalent regulator registration number where applicable
Automated alerting to inform lenders when there is a fundamental change to the firm (e.g. new disciplinary action)
Are the Council of Licensed Conveyancers taking any action to ensure that licensed conveyancers remain on lender conveyancing panels?
As is the case with the Law Society the Council of Licensed Conveyancers has begun dialogue with banks and their representative bodies to see whether and how the risks that lenders wish to mitigate could be addressed through the regulatory framework rather than via ad hoc arrangements that can differ from lender to lender. It is likely that that the CLC have been in touch with lenders such as
Coutts & Co since 2008 which is when lenders started being more restrictive.
Theoretically Coutts & Co could request or audit my files as I am on the
Coutts & Co conveyancing panel. Are there any confidentiality issues that I need to consider first?
We can't comment specifically on
Coutts & Co. 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.
My lawyers pass me the odd LENDERmonitor notification but I seldom see significant changes. For instance, My firm on the
Coutts & Co conveyancing panel and receive a notification only advising of a change of address. Isn't that just noise?
It is important that you take note of such changes because sending a communication or deeds to the wrong address can cause delays that might not only affect your borrower client but also impact your chances of staying on the
Coutts & Co conveyancing panel. Is possible next month that Coutts & Co change their requirements as to where the post completion documents should be sent.
Do you change the details in your case management system? Do you make a note? Is this communicated to the staff? By virtue of your COT Coutts & Co you are giving assurances that you will send the deeds within 10 days of receiving the TID. Leaving to one side whether you are technically breaching an undertaking in sending it to the wrong address, you run the risk of
Coutts & Co suspending you off the panel because they are not receiving the deeds in accordance with the COT. It will not be a valid excuse to say that you sent it to an address that is no longer valid.
My partners and I run a small firm on the Coutts & Co conveyancing panel. Do you have ideas as to how we can market our firm as carrying out conveyancing in Hendon who can act for the borrower and Coutts & Co?
8 potential conveyancing clients search for a conveyancing practitioner on the Coutts & Co 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.
Our firm had their Coutts & Co panel membership terminated but we have not yet been given a reason as to why.
I am completing a CQS renewal questionnaire what details should I put forward?
In this situation please clarify on the application what steps you have taken to find out the reasons behind cancellation of your
Coutts & Co panel membership.
In particular please provide details if you have received communications from the lender. E.G. before cessation of your panel membership did you receive any letters or calls from the lender putting you on notice?
Our practice is on the
Coutts & Co
conveyancing panel and due to complete a purchase within the next few weeks. I dont have a Mortgage Deed for the client to sign.
Who do I contact at Coutts & Co to get a duplicate Deed?
You should communicate with Coutts & Co
to obtain standard documents. The The Council of Mortgage Lenders Handbook incorporates an explicit inquiry for banks to reveal who to contact to obtain standard documents.
Coutts & Co in their Part 2’s state:
Please remember to disclose the firm’s Coutts & Co solicitors panel number.
Find a Lawyer on the Coutts & Co Conveyancing Panel
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Average number of days to register title including a charge in favour of Coutts & Co
This information relates to purchase only and not remortgages.
| Year | Days* |
|---|---|
| 2025 | [no data] |
| 2024 | [no data] |
| 2023 | [no data] |
| 2022 | [no data] |
| 2021 | [no data] |
| 2020 | [no data] |
* Data aggregated from sources including COMPLETIONmonitor
Other related topics:
- CQS policy templates and procedures for accredited Coutts & Co Firms
- Draft Report on Title precedent for Coutts & Co borrowers
- Draft Anti Money Laundering PolicyTemplate for Coutts & Co panel firms to consider
- Dealing with Lender Policy Template panel for CQS accredited firms on the Coutts & Co lender panel
- Buy-to-Let help for Coutts & Co
- Consent-to-Let help for Coutts & Co
- Contractor Mortgages with Coutts & Co
