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  • robatwork
    robatwork Posts: 7,338 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Just of interest - you keep saying conveyancer and everyone is talking about solicitors.

    Is your convenyancer a solicitor?
  • Hi Alice. The problem for your solicitor is that the money-laundering rules are very vague. There is no official guidance on what constitutes a de minimis amount, and what happens in that tiny minority of cases where photo ID is difficult to produce. If a problem turns up later on, the solicitor is on the hook for professional sanction (potentially very serious, although practically-speaking that's unlikely).

    So there is no upside for the solicitor, only downside. I totally agree with you that it's ridiculous, but that's the way the incentives are stacked. Unfortunately having a go at the solicitor isn't going to help as it raises even more of a flag in the minds of the paranoid.

    The legislation they are working to is the Money Laundering (etc.) Regulations 2017. That legislation contains a list of acceptable forms of ID. Not all of the documents that can be used to prove ID are photo documents. There is a list part way down the following link. Perhaps you can do something with e.g. an original birth certificate, an old-style driving license or a benefits book. Pointing the solicitor to this list may help if you have access to one of these documents - however they are under zero obligation to work to it, they are free to have a policy of photo ID only. 

    https://www.gov.uk/government/publications/proof-of-identity-checklist/proof-of-identity-checklist

    Thanks prince of pounds. They need to let me know, in writing, what is acceptable in these circumstances. Part of my beef is them sending an elderly relative with reducing mental capacity and mobility in a wild goose chase. I understand their situation but a balanced judgment is still possible - part of my ongoing issue with them is their unwillingness to communicate and when they do they make mistakes. 
  • Quick update - they have advised that their exec team will meet to discuss my case this week. I have been sifting through legislation feeling like they are not helping. They have a tiny bit of leeway for extreme cases and they won’t use it but I’ve pushed and pushed for more because I can’t go on like this.
  • AskAsk
    AskAsk Posts: 3,048 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    i really find it astonishing that the solicitors are being so silly over £2k.  there was a post recently saying the solicitors were being a wick for verifying 105k of gift and savings, and that is more in context, but 2k as money laundering in such a big transaction is just completely bizarre.

    it would take a very long time to money launder if you did so 2k at a time!
  • saajan_12
    saajan_12 Posts: 5,649 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Its not about them not being up to date on regulations, they are under no obligation to accept every form of ID or every route a sale could proceed. Once upon a time property transactions took place without may of the electronic records available today, meaning more leg work.. and meaning a commensurate charge. 

    You have a private contract with the solicitor to do certain work, based on receiving certain documents, in return for £x. As long as they are broadly reasonable or have stated their policy upfront, they can specify that their fixed fee only applies if the transaction involves certain documents, and charge extra or decline if not. Your option was to read the T&Cs before hand and negotiate or walk away before starting the process. At this stage, even if you walk away, you'll have to pay for the work done to date. 
  • AliceBanned
    AliceBanned Posts: 3,186 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Some of their staff then clearly don’t know their own policy. To ask me to provide certified bus pass with all the effort made by an elderly relative at high risk, then tell me it’s not admissible evidence is not acceptable to me.
  • robatwork said:
    Just of interest - you keep saying conveyancer and everyone is talking about solicitors.

    Is your convenyancer a solicitor?
    It’s a large solicitor firm that does online conveyancing. Like many of these I’ve now found out that trainee conveyancers do the groundwork largely unsupervised until exchange and completion. Yet I’m paying a decent amount, probably the same or not much less than a smaller local firm of solicitors. I’ll not use them again.
  • AliceBanned
    AliceBanned Posts: 3,186 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Hi
    So now they've come back and said ID1 form via a different conveyancer/solicitor - they wont' do it. That seems to cost about £100 plus VAT. Also it is still difficult because I need two docs and they only may have two out of the list. I either have to arrange a meeting with a solicitor or conveyancer via zoom or take the relative to them in person. I am still thinking of finding another solicitor, even at this stage as they are sending me elsewhere for this part yet charging me £75 for 'identity verification'. !!
  • AliceBanned
    AliceBanned Posts: 3,186 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 22 December 2020 at 11:59AM
    I've phoned about 6 solicitors this morning and none of them do ID certification - due to Covid. This really is ridiculous. the land registry appears to have dumped this problem on conveyancers and solicitors (I think?) and now I cant' get my gifted donor verified so maybe can't go ahead. 
    I've gone back to ,my mortgage broker as it would be better if I can increase my loan, though this is doubtful.So distressing but to be honest if it's this much hassle I really think best not to go ahead!! :-( Just can't take any more obstruction. My conveyancer has been an uncommunicative pain from the start and now this. 
  • I've seen comments on the Forum from the Land Registry so if you read this please advise?!! I am about to pull out of a property purchase due to unnecessarily stringent checks, on a relative who I can clearly demonstrate is no risk, this isn't money laundering but the red tape is at serious risk of blocking my purchase. 
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