Hampden Conveyancing Panel Information

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

Hampden Conveyancing Panel: Recently Asked Questions

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I understand that Hampden could request or audit my files as I am on the Hampden conveyancing panel. How should I respond in the event of such a demand?
We can't comment specifically on Hampden. 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 he is in arrears 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.

What type of firms do building societies include on their Conveyancing Panels?
In the same way that there is a unique Hampden conveyancing panel most building societies, operate a conveyancing panel for solicitors and other conveyancers that the lender will instruct. Terms and Conditions and criteria for inclusion on a building society conveyancing panel vary from lender-to-lender. Having CQS accreditation may be a requirement. Institutional lenders, such as a building society, is a client and is entitled to instruct the solicitor or conveyancer of its choosing (who, in turn, is free to accept or refuse instructions). Therefore, if lender and borrower cannot agree which solicitor or conveyancer should represent them jointly, they would usually proceed on a separate representation basis. The BSA have not published the equivalent of the UK Finance Lenders’ Handbook Part 3s.
I have read a number of legal articles recently about firms being sued for non-compliance with Part 2 requirements . I am on the Hampden conveyancing panel can you tell me how Part 2 changes took place by Hampden during 2013?
During 2013, 0 sections of the UK Finance Lenders’ Handbook P2 were changed by Hampden. Some changes are more important than others but as a firm on the Hampden conveyancing panel you are of course obliged to comply with individual lender requirements, as set out in Part II of the UK Finance Lenders’ Handbook. Locktons have recently pointed out in an article that non-compliance with Part 2 requirements account for a number of high value claims, and it is therefore important to be aware of any particularly onerous terms that an individual lender may impose.

Remember: CML requirements are not guidelines; they are the lender client’s instructions.

Are figures published disclosing the Hampden conveyancing panel size as well as the number of conveyancing firms removed from their panel each year?
With banks and conveyancing firms working so closely together it is surprising that there has not been much call for the introduction of a bit of transparency regarding not just the figures for the Hampden conveyancing panel but for all lender panel listings
Prime Professional’s PII renewal form enquires if my practice had been excluded from any mortgage panels in the last 12 months. I just found out that the firm is no longer on the Hampden conveyancing panel? Will that impact my PII cover?
The best placed professionals to answer this question are your insurance brokers. The chances are that on the basis that you have not been removed for fraud or negligence reasons that there will be little or no impact. The main reason why a firm would be removed off of a lender panel is due to low volume of conveyancing cases although there may be a number of criteria for Hampden solicitor panel membership. Please remember that it is always important that you complete your insurance forms accurately.
Our practice is on the Hampden conveyancing panel and all set to complete a remortgage shortly. My file does not contain a Mortgage Deed for the client to execute. Who do I contact at Hampden to get a duplicate Deed?
You need to communicate with Hampden to obtain standard documents. The CML Handbook contains a specific section for banks to cite who to contact to obtain standard documents. Hampden in their Part 2’s state:
Don’t forget to quote the firm’s Hampden solicitors panel reference.

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Average number of days to register title including a charge in favour of Hampden
This information relates to purchase only and not remortgages.
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* Data aggregated from sources including COMPLETIONmonitor