Bank of Scotland Conveyancing Panel Information

The fact of the matter is that estate agents are feeling the pain if their clients start out on the conveyancing process using a conveyancer who is not on the panel with the purchaser’s chosen lender. Many conveyancing firms are only discovering when they begin working on a case that they are no longer able to work with that lender. Given the inevitable resultant delays in the transaction the chances of an abortive deal increases dramatically. in the circumstances there is understandable anguish on the part of the estate agent as a result of the lost time should the client have to change lawyers.

The Council of Licensed Conveyancers has initiated discussions with lenders 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. We expect that that the CLC have been in touch with lenders such as Bank of Scotland since 2008 which is when lenders started being more restrictive.

There are many reports available, five of which are as follows:

• Disclosure/Notification to Lender analysis indicating frequency and nature of disclosures - to include benchmarking analysis against aggregate data
• Average time frame to send deeds to the lender (calculated from completion date or title registration)
• The percentage of the firm’s business which is conveyancing (broken down into sale/purchase and remortgage)
• Evidence of undertaking logs
• Average mortgage advance

What you should do largely depends on the reason that your firm has been removed off the Bank of Scotland conveyancing panel. The top 3 reasons are as follows:

1. lack of transactions
2. the lawyer is a sole practitioner
3. as part of the HSBC panel reduction.

In these three circumstances it is unlikely that you would expected to take any action. Disclosure and other compliance considerations are more likely to be relevant if the reason for removal is due to breaches of lender requirements or allegations of fraud or negligence. Whether the reasoning should trigger a disclosable 'material' breach will depend on the firm and the circumstances around possible failures to comply with the SRA Authorisation Rules, and the SRA will judge each case on its own merits. Factors such as the detriment or risk of detriment to clients, the scale of the issue and overall impact on the firm will need to be considered in deciding whether a failure is 'material'. As the compliance officer you will need systems to identify patterns of breaches. Even if you don't consider there to be regulatory implications the firms COFA should give some thought to whether she/he needs to take any action as result of being removed from the Bank of Scotland conveyancing panel.

In the circumstances please explain on the form what steps you have taken to find out the reasons behind cancellation of your Bank of Scotland panel status. 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 advising you as to their reasons?

You would be advised to contact Bank of Scotland to obtain standard documents. The CML Handbook has an express section for banks to reveal who to contact to obtain standard documents. Bank of Scotland in their Part 2’s state: It helps to quote your Bank of Scotland solicitors panel number.