Bradford & Bingley Conveyancing Panel Information

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

Bradford & Bingley Solicitor Panel: Recently Asked Questions

Can a firm register a complaint to the CML about being suspended from the Bradford & Bingley conveyancing panel?
The CML is an association rather than a regulator and therefore do not investigate complaints against lenders. You can of course contact Lexsure to see if we can assist.

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Do Bradford & Bingley or the Council of Mortgage Lenders run training seminars for the Bradford & Bingley approved conveyancing panel in the same way that CQS run CPD Courses for accredited firms?
This not something that the CML would traditionally get involved with however they do host a number of useful conveyancing related conferences which are attended by firms on the Bradford & Bingley conveyancing panel. Lexsure intend to run specific lender focused seminars in the coming months including a webinar on Bradford & Bingley’s Part 2 obligations. Solicitors on the Bradford & Bingley conveyancing panel will be invited. Information about the webinar will be communicated as part of the LENDERmonitor P2 change Notifications.
Theoretically Bradford & Bingley could request or audit my files as I am on the Bradford & Bingley conveyancing panel. Are there any confidentiality issues that I need to consider first?
We can't comment specifically on Bradford & Bingley. 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 she is in dispute 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 practice have never been on the Bradford & Bingley conveyancing panel as well other banks. My clients, who have applied for a mortgage with Bradford & Bingley wish use my firms conveyancing services regardless of the fact that we are not on the Bradford & Bingley panel. Am I doing anything wrong is suggesting to my client that they use a firm down the road to act for Bradford & Bingley on mortgage aspect of the conveyancing?
Please tread carefully here as what you are suggesting may not be acceptable to the lender. It is possible that you (as a non-panel firm) or the mortgage applicant are not entitled instruct a panel firm of your choice. Many lenders make it clear to their panel firms that where a non-panel member firm is instructed by one of their mortgage applicants, the lender must appoint a panel firm to carry out its instructions and to liaise with the borrower's conveyancer. You also need to make the costs implications and potential for delay very clear to your client.
Every so often I read a LENDERmonitor alert but I rarely see change of note. By way of illustration, My firm on the Bradford & Bingley conveyancing panel and get an alerts only advising of a change of address. Does that matter?
Yes it does matter 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 Bradford & Bingley solicitor panel. Lets say that Bradford & Bingley change their requirements as to where their panel firm send the deeds. Do you change the details in your CMS? Do you make a note? Is this communicated to the staff? In your Certificate of Title to Bradford & Bingley you are giving assurances that you will forward the deeds within 10 days of receiving the Title Information Document. Putting to one side the academic question as to whether you are in breach of an undertaking in sending it to the wrong address, you run the risk of Bradford & Bingley 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.
Our firm had their Bradford & Bingley panel membership revoked but we have not yet been given a reason as to why. I am completing a CQS application form what information must I report?
In this situation please explain on the form what action you have taken to discover the reasons behind cancellation of your Bradford & Bingley panel membership. In particular please provide details if you have received communications from the lender. E.G. before revocation of your panel membership did you receive any letters or calls from the lender informing you as to why they reached this decision?
I am on the Bradford & Bingley conveyancing panel and scheduled to complete a remortgage shortly. I can not locate a Legal Charge for the client to execute. Who do I contact at Bradford & Bingley to obtain duplicate documents?
You would be advised to communicate with Bradford & Bingley to obtain standard documents. The CML Handbook includes an individual question for lenders to cite who to contact to obtain standard documents. Bradford & Bingley in their Part 2’s state:
Don’t forget to quote the firm’s Bradford & Bingley solicitors panel number.

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