Bradford & Bingley Conveyancing Panel Information

We only know of a couple of banks that operate a distinct conveyancing panel where the mortgage advance is over a certain threshold. You should nevertheless check directly with Bradford & Bingley. At one stage HSBC would only allow Sole practitioners to act for them where the mortgage was below £150,000. We are not sure if HSBC still operate such a condition. In your case it is best to check with Bradford & Bingley

In order to be on the Bradford & Bingley 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 Bradford & Bingley) are as follows:

• 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.
• If you are a sole practitioner, to arrange for appropriate locum cover from our panel where necessary. Your locum must be a member of the Conveyancing panel.
• 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
• 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 be responsible for the reconstitution of the title deeds (whether the title is registered or unregistered, at your own cost), where any deeds in your possession, or were last known to be in your possession, go missing.

When a solicitor is acting for both Bradford & Bingley and borrower there is potential for conflicts to arise. You owe duties to both clients. All information received by you from your client is confidential and cannot be disclosed without the client’s consent. In the situation you find yourself in if the purchaser will not consent to the information being passed on to the lender the solicitor must cease to act for the Bradford & Bingley and it may well be prudent you to cease to act for the purchaser as well. You can not tell the Bradford & Bingley the reason for termination of the retainer over and above the fact that a conflict has arisen. The fact that you can no longer act should alert even the most somnambulistic of lenders that something is wrong with the borrower and/or purchase. The fact that you have disinstructed yourself should not affect your Bradford & Bingley conveyancing panel status.

In this situation please clarify on the application what action you have taken to discover the reasons behind cancellation of your Bradford & Bingley 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 putting you on notice?

You should communicate with Bradford & Bingley to obtain standard documents. The CML Handbook has an individual question for lenders to establish who to contact to obtain standard documents. Bradford & Bingley in their Part 2’s state: It helps to disclose your Bradford & Bingley solicitors panel number.