Conveyancing panels
Last updated: 17 February 2012
In this section
Conveyancing Quality Scheme
The Conveyancing Quality Scheme will provide a recognised quality standard for residential conveyancing practices.
Practice notes
Mortgage lenders are pursuing a more pro-active approach to managing their residential conveyaning panels, including removing some firms. The Law Society continues to work on behalf of firms by maintaining a regular and constructive dialogue with individual lenders and the Council of Mortgage Lenders. The Society also provides advice and information to members.
HSBC: call for action
Help our lobbying
Since meeting with senior representatives of HSBC to discuss the bank's conveyancing panel, we are now calling on the profession to follow the Law Society's lead in challenging HSBC's panel policy.
Read our latest statement and download lobbying tools
HSBC revises undertakings
After meeting with the Law Society, HSBC has revised the documentation issued by the solicitor acting on behalf of HSBC to the borrower's solicitor in separate representation cases.
Find out more about the documentation
Full list of HSBC campaign tools
Our lobbying tools are available to download and customise:
- client MP template letter (Word, 27kb) - which solicitors can give to their clients if they wish to raise the issue of solicitor choice with their MP
- client HSBC template letter (Word, 33kb) - which solicitors can give to their clients in situations where the client has chosen not to use HSBC and may wish to alert HSBC to that loss of business
- solicitor MP template letter (Word, 31kb) - for solicitors to send to their MP, which is a supplement to the letter in the campaign pack (PDF)
- solicitor HSBC template letter (Word, 30kb) - for solicitors to use if they wish to write to the chief executive officer of HSBC
- an evidence form (Word, 25kb) - which we would encourage solicitors to give to any clients who are affected by the current HSBC approach – we can then use this information (anonymously) to illustrate the impact (MPs and media prefer to hear actual examples)
Find out who your local MP is by entering your postcode
HSBC: appeals process
HSBC's panel manager Countrywide has confirmed that an appeals process is in place for firms that have been rejected after applying to be on the bank's residential conveyancing panel. Firms who wish to appeal should write to Countrywide asking them to review their decision. The decision will be reviewed by an allocated panel manager and firms will be informed of the decision once the review has been undertaken. To date we have not been contacted by any firms that have been successful in their appeal.
HSBC update
Law Society president John Wotton has met with business secretary Vince Cable to discuss, among other issues, the impact that HSBC's mortgage lender panel policy will have on solicitors and consumers.
For a full update on what the Law Society is doing, read Law Society chief executive Desmond Hudson's open letter to the profession
Other news
Nationwide to remove 'dormant' panel members
Over the next month Nationwide will contact members of its residential conveyancing panel that it believes have been inactive with the building society for 12 months or more. Only those firms with the Law Society’s Conveyancing Quality Scheme or who can prove that they have been active will be able to appeal to be reinstated.
Read our reaction
Society raises concern over HSBC lender panel size
We are considering all possible options following HSBC's decision to appoint only 43 firms to its mortgage lending panel for the whole of the UK. Although solicitors on the panel are Conveyancing Quality Scheme members, the small panel size risks limiting consumer choice. There are also potential regulatory issues that require clarification.
Find out more
Santander panel fees: Society seeks urgent talks
The Law Society is seeking urgent talks with Santander following the bank's decision to charge a fee for new residential conveyancing panel applications, as well as an annual fee for existing panel members.
Find out more
Lenders' panel information requests: read our advice
We are aware that some lenders are gathering information about firms that are on their panels, including asking for details of client accounts, professional indemnity insurers and copies of letterheads.
Read the latest advice
Lloyds Banking Group's information gathering exercise
Lloyds Banking Group is currently undertaking an initiative to gather information about firms on their residential conveyancing panel. Members have expressed concern over the confidentiality of some of the information requested. Following contact with the lender the Law Society has issued important advice.
Read the advice
Contribute to our campaign
If you want to contribute to persuading Lloyds Banking Group and Santander to reverse their decision to remove conveyancers from their lender panels, then our campaign pack explains how you can lobby your MP to increase awareness.
Download the campaign pack (PDF, 150kb)
The Law Society has been very conscious of lenders reducing the size of residential conveyancing panels. Previously the issue was contained to some small providers and Bristol & West. Now, a number of the banks and building societies are merging, focusing on risk/fraud and reviewing their infrastructure and relationships. The result has been the rationalisation of conveyancing panels and those most affected have been small firms and sole practices with relatively low volumes of work.
Read more about:
Law Society response
We have been in negotiation with the lenders who have changed their panel criteria; with the Council of Mortgage Lenders, the Solicitors Regulation Authority (SRA) and the Building Societies Association. It has been vital for us to maintain open channels of communication and work to identify the ways in which we can help to satisfy lenders' concerns. This is a uniquely fragile economic environment which has seen increases in the incidence of fraud. In addition there are no immediate clear actions open to the Law Society. The relationship between a lender and a solicitor is governed by the law of contract. The lender can instruct whomever they choose and do not have to give reasons for removal. Discrimination law does not apply and unless a particular lender attains a 40 per cent share of the market and competition law becomes an option, there are no legal remedies.
We have successfully negotiated appeals procedures within some banks and building societies, have been working closely with the SRA to safeguard and improve the work being undertaken to address concerns about fraud and we have been promoting the need for due diligence and vigilance by the profession. Practice notes on mortgage fraud and anti-money laundering are available to members on our website.
Latest update
The Law Society continues to be contacted on a daily basis by firms that have been removed from Santander or Lloyds Banking Group (LBG) panels. We are aware of the impact that this is having on some firms and would like to reassure firms that this issue is taken very seriously. As explained previously there are no immediate legal challenges that the Law Society can take, however all options are actively being explored. In addition further letters have gone to a number of lenders and Law Society chief executive Des Hudson has met with the chief executive of the Council of Mortgage Lenders (CML) to express his concern at these latest developments. We are also raising the issue with the relevant government minister. We continue to remind all concerned of the impact that the lenders' action has on small firms and access to justice in economically challenging times.
