AIBU to think bank acted illegally (property related).

[Jayfee]

Son is buying his first property and signed a contract for our local conveyancer (we have known him years and he is good) to do the legal work. The bank valuation was done and all seemed well. There was no communication from the conveyancer for two weeks so son looked into it and his conveyancer had received no paperwork from the seller's solicitor. Apparently the bank have changed the list of approved conveyancers since the process started and my son's conveyancer wasn't on the new list. Our conveyancer was not happy obviously but is now back on the approved list. In the meantime the bank had changed the conveyancer without informing my son and the papers had been sent to the bank's chosen solicitor up in the north. That solicitor has now sent the papers to my son's conveyancer but wants my son to pay £300 for the work he/she did. Unbelievable to me! If anything I think the bank should pay my son for the extra two weeks rent he will have to pay due to the unnecessary delay. Any mumsnetter have any experience of anything like this ?Huge thanks for any advice or info you can share.

Do you mean the seller’s solicitor sent papers to the bank’s chosen conveyancer, or that the mortgage papers were sent there? The first can’t be correct, how would the seller’s solicitor even know which bank your son was using for a mortgage, never mind what solicitor they had appointed? The seller’s solicitor gets the buyer’s details from the estate agent and doesn’t have any involvement with the buyer’s bank/mortgage process.

Banks are very strict about their panel of appointed solicitors and won’t let you use just anyone. If your son’s conveyancer is now back on the bank’s panel, your son can tell the bank that’s who he using and ask them to send the mortgage paperwork there. Ultimately he’s paying the legal fees. If the conveyancer isn’t on the bank’s panel he could still deal with the purchase but the bank’s chosen solicitor will need to deal with the mortgage - ultimately your son will end up paying additional fees so there’s not much benefit to this.

No chance the bank is paying for two weeks rent, sorry!

Your son has the right to chose his own solicitor. They would need to be approved by the bank but the bank can't just decide who he uses without permission from him, unless they are providing a free conveyancing service with the mortgage.

The thing seems to be that the bank changed the conveyancer without telling my son. How can my son be billed 300 pounds for work he had not contracted into when he already had a conveyancer. I thnk I am going to wait till next week, speak to son and get him to speak to his conveyancer. Something definitely went amiss but I can't see how it is my son's fault. I can't understand it at all tbh.

Conveyancing fraud is a big deal and there is often no way to get your money back UNLESS you use the bank’s recommended firm and then sue the bank when things go wrong.

Contact the bank, complain. He is likely to get it refunded.

Thanks Glug i think that is the way forward. Our conveyancer was on their approved list when process started, got taken off by new panel of appointers apparently, then reinstated. i still cant understand how any conveyancer can do work for you f you havent agreed to it or how the gank can give them instructions without informing you.It seems very odd to me.

Make a formal complaint and if it doesn't work then go to the financial ombudsmen.