Destruction of documents by land registry - can/should I complain?

bronte123

Another query

At the end of 2009 we saw a solicitor to ensure that all the paperwork/deeds etc on our house was up to date etc. She said everything was in order but suggested we could voluntarily register the property with the land registry for complete security. It sounded a good idea and she agreed to do this for us. The solicitor fee was £80.00 and the land reg charge was £110.00 which we paid.

The solicitor kept all our paperwork until the process was complete and we went back to her office to pick it up. I immediately realised that two documents were missing so i turned around and went back to the office. A different member of staff helped me and pointed out that there was a land reg document in the papers detailing any documents "retained by the land registry" and that I could contact them for details.

I contacted the land registry who said that the document originals are scanned then destroyed by them. I was fairly stunned as at no point had anyone said anything about destroying documents - I simply would never have gone ahead with the registration if they had.

After several e mails and calls the LR told me

"...However I can tell you that when an application is lodged for first registration solicitors are aware that they should lodge copies of all the documentation. If they do so and we need to retain a document we will retain the copy. If they fail to do so we retain the original. The original is scanned and then destroyed."

To get official copies I now have to pay another £36.00. I just feel that it seems wrong that I have to pay so much for copies of original documents (that I had already paid a solicitor to create about 15 years ago). I already owned the documents so why do I have to pay yet again?

Sorry if i am sounding a bit whiny, its just that I'm not sure what, if anything I can do.:mad:

Should I complain to the solicitor that she didn't do her job properly in the first place? Is there any point complaining to the Land Reg or am I banging my head on a brick wall there? Has anyone had any dealings with their complaints procedure?

I know the horse has well and truly bolted and no one can magically conjure up my documents but will complain if it may help.

Thanks (and sorry for such a long post)

Bron

Moonface

bronte123 wrote: »

I contacted the land registry who said that the document originals are scanned then destroyed by them.

Only if no copies are lodged are the originals sent for scanning and then destroyed by the scanning department.

bronte123 wrote: »

"...However I can tell you that when an application is lodged for first registration solicitors are aware that they should lodge copies of all the documentation. If they do so and we need to retain a document we will retain the copy. If they fail to do so we retain the original. The original is scanned and then destroyed."

100% correct.

bronte123 wrote: »

Is there any point complaining to the Land Reg or am I banging my head on a brick wall there? Has anyone had any dealings with their complaints procedure?

I know the horse has well and truly bolted and no one can magically conjure up my documents but will complain if it may help.

Not a lot of point in all honesty as the LR has followed the correct procedure (albeit it does seem a sin) and the deeds will be long gone. I can't see the procedure ever being changed back now especially as e-conveyancing progresses.

bronte123

Hi

Thanks for the reply. You make a good point. It is frustrating tho but I will try to get over it!

Thanks again.

timmyt

bronte123 wrote: »

Another query

At the end of 2009 we saw a solicitor to ensure that all the paperwork/deeds etc on our house was up to date etc. She said everything was in order but suggested we could voluntarily register the property with the land registry for complete security. It sounded a good idea and she agreed to do this for us. The solicitor fee was £80.00 and the land reg charge was £110.00 which we paid. thats a low price for the lawyer

The solicitor kept all our paperwork until the process was complete and we went back to her office to pick it up. I immediately realised that two documents were missing so i turned around and went back to the office. A different member of staff helped me and pointed out that there was a land reg document in the papers detailing any documents "retained by the land registry" that is normal, happens to everyoneand that I could contact them for details.

I contacted the land registry who said that the document originals are scanned then destroyed by them. I was fairly stunned as at no point had anyone said anything about destroying documents - I simply would never have gone ahead with the registration if they had. that would be foolish as the advantages of registration are too great

After several e mails and calls the LR told me

"...However I can tell you that when an application is lodged for first registration solicitors are aware that they should lodge copies of all the documentation. If they do so and we need to retain a document we will retain the copy. If they fail to do so we retain the original. The original is scanned and then destroyed."

To get official copies I now have to pay another £36.00. all docs referred to in the registered title cost £6 in total I just feel that it seems wrong that I have to pay so much for copies of original documents (that I had already paid a solicitor to create about 15 years ago). I already owned the documents so why do I have to pay yet again?

Sorry if i am sounding a bit whiny, you are as you are new to this and are second guessing its just that I'm not sure what, if anything I can do.:mad:

Should I complain to the solicitor that she didn't do her job properly in the first place? she did, copies are rarely taken, and nothing has been lost Is there any point complaining to the Land Reg or am I banging my head on a brick wall there? Has anyone had any dealings with their complaints procedure?

I know the horse has well and truly bolted and no one can magically conjure up my documents but will complain if it may help.

Thanks (and sorry for such a long post)

Bron

at worst the lawyer can pay £6

G_M

Sorry if i am sounding a bit whiny, you are as you are new to this and are second guessing its just that I'm not sure what, if anything I can do.:mad:

That's a bit harsh Timmy. The OP is understandably disapointed to have lost historic documents. Yes, new, so relied on a solicitor. Perhaps OP misunderstood the solicitor's explanation of the process, perhaps there was no clear explanation. Either way, I sympathise.

timmyt

nothing has been lost that £6 cannot fix, and the conveyancer (doubtful she had an actual solicitor) did normal job.

but you sound sad GM...... cuddle?

bronte123

I do appreciate what you are saying, but the solicitor didn't tell me that any documents would be destroyed - nothing, nada, not a word. They were historic documents and it would have been better if I had been given the option, after all they did belong to me (and they werent cheap by the way). I went to her because I needed and paid for expert advice. On her website she details her many years of expertise in this area - but she must have been having an off day because she didn't tell me that the destruction of documents was part of the process. I would have have understod if she had.

But where you are getting the £6.00 figure from. I have been on the phone to the land registry yesterday and was told again that it was £36.00 to get the documents. If you think there is a way of me getting them for £6.00 tell me what it is and I'll be happy to do it, honestly!

P.S You seem very annoyed with me - You don't happen to work for the Land Reg do you ? :rotfl: