Bank of Scotland Private Conveyancing Panel Information

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

Bank of Scotland Private Conveyancing Panel: Recently Asked Questions

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

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Theoretically Bank of Scotland Private could request or audit my files as I am on the Bank of Scotland Private conveyancing panel. What do I do if I receive such a request?
We can't comment specifically on Bank of Scotland Private. 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 arrears with the lender he 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 PI renewal application this year contained the following question: ‘Has your Firm been asked by a lender to agree to more onerous terms and conditions than provided for in the UK Finance Lenders’ Handbook?’ My firm is on numerous lender panels including the Bank of Scotland Private conveyancing panel. We have Terms and Conditions of appointment which we have to follow. Am I supposed to mention these Conditions ?
The key here is the caveat ‘more onerous’. You have to try and take an objective view as to whether the Terms relating to the Bank of Scotland Private conveyancing appointment (or other terms for other lenders) are ‘more onerous’ than the UK Finance Lenders’ Handbook Conditions. Depending on the Terms you may need to provide details on your renewal form. If you are in any doubt please call your broker to discuss before moving forward on this question.
I have been a qualified solicitor for approximately 35 years with an exemplary claims record and have been refused acceptance on the Bank of Scotland Private conveyancing panel with no explanation. Am I not entitled to a reason?
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 Bank of Scotland Private conveyancing panel to see if you are entitled to a reason.
Do publish figures exists revealing the Bank of Scotland Private conveyancing panel size and the number of conveyancing firms removed from their panel each quarter?
With mortgage companies and solicitors working so closely with one another it is surprising that there has not been greater demand for the introduction of a bit of transparency regarding not just the figures for the Bank of Scotland Private conveyancing panel but for all mortgage panel listings
my firm’s membership of the Bank of Scotland Private conveyancing panel was terminated but was reinstated on appeal, do I need to disclose these details on my application for CQS accreditation?
We would recommend that you supply details of the date of removal, information on the reason for removal, date of appeal and any reason given for reinstatement. This should not adversely impact your application but gives the CQS team viability as to what has gone on.
I am on the Bank of Scotland Private conveyancing panel and due to complete a purchase within the next week. I dont have a Legal Charge for the client to sign. Who do I contact at Bank of Scotland Private to get a duplicate Deed?
You would be advised to contact Bank of Scotland Private to obtain standard documents. The The Council of Mortgage Lenders Handbook has an express section for banks to set out who to contact to obtain standard documents. Bank of Scotland Private in their Part 2’s state:
Don’t forget to quote your Bank of Scotland Private conveyancing panel reference.

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Average number of days to register title including a charge in favour of Bank of Scotland Private
This information relates to purchase only and not remortgages.
YearDays*
2025 [no data]
2024 [no data]
2023 [no data]
2022 [no data]
2021 [no data]
2020 [no data]
* Data aggregated from sources including COMPLETIONmonitor