Bank of Scotland Conveyancing Panel Information

We are not aware of any intention on the part of the CML to develop such a search facility.

The CML Part II requirements of Bank of Scotland are silent on this. Most lenders deal with the question of file retention via their Terms of panel appointment where they generally provide that for evidential purposes, the firm must keep the file for at least of 6 years from the date of the mortgage. Data imagining is normally suitable compliance with this requirement. Many lenders point out in that it is the practice of some fraudsters to demand the conveyancing file on completion in order to destroy evidence that may later be used against them. It is therefore important to retain these documents to protect Bank of Scotland’s interest. To be absolutely sure of Bank of Scotland requirements in this regard please check the Terms and Conditions of Bank of Scotland’s conveyancing panel appointment.

When a solicitor is acting for both Bank of Scotland 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 Bank of Scotland and it may well be prudent you to cease to act for the purchaser as well. You can not tell the Bank of Scotland 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 Bank of Scotland conveyancing panel status.

In this situation please explain on the application what action you have taken to discover 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 putting you on notice?

You need to get in touch with Bank of Scotland to obtain standard documents. The CML Handbook has an express section for banks to enumerate who to contact to obtain standard documents. Bank of Scotland in their Part 2’s state: It helps to quote the firm’s Bank of Scotland solicitors panel reference.