Barclays ILA (Independent Legal Advice)

TheScrimpyCat

Has anyone managed to get an ILA through Barclays recently? I needed one for a Sole Proprietor mortgage but they messed it up (twice).  Long story short the ILA I did wasn't with their panel solicitor. After 4 yrs I finally obtained a list of their panel solicitors but they nearly all refuse to do an ILA (still working my way though the list).

Has anyone managed to get an ILA done for sole proprietor mortgage in the last few years? They say it has to be local to me as well in Manchester for reasons unknown.

silvercar

Yes. I just used a different partner of the same solicitor firm that my son was using for the conveyancing. Nowhere near Manchester, so I can’t help you with that.

TheScrimpyCat

silvercar said:

Yes. I just used a different partner of the same solicitor firm that my son was using for the conveyancing. Nowhere near Manchester, so I can’t help you with that.

Could you let me know if it was with Barclays as well? Did the ILA solicitor have to request the documents, because that's what Barclays is claiming although the first one I did we sent all necessary paperwork to them. 

silvercar

TheScrimpyCat said:

silvercar said:

Yes. I just used a different partner of the same solicitor firm that my son was using for the conveyancing. Nowhere near Manchester, so I can’t help you with that.

Could you let me know if it was with Barclays as well? Did the ILA solicitor have to request the documents, because that's what Barclays is claiming although the first one I did we sent all necessary paperwork to them. 

I don’t know what you mean by ‘if it was with Barclays as well’. The mortgage is with Barclays. The solicitor had to sign that she was satisfied that OH understood the implications of being a party to the mortgage and had to complete ID verification. She then fed this back to the solicitor doing the conveyancing. 

silvercar

https://intermediaries.uk.barclays/content/dam/intermediaries-uk-barclays/pdf/useful-documents/residential/bar-ila-consentform-crop.pdf

https://intermediaries.uk.barclays/content/dam/intermediaries-uk-barclays/pdf/useful-documents/residential/guidetoindependentlegaladvice.pdf

Full instructions from Barclays are here https://www.barclays.co.uk/help/content/1216_General_instructions.pdf if you look at section 29, Barclays will accept a solicitor in the same firm as the one doing the conveyancing and suggests ‘internal Chinese walls’ to avoid a conflict of interest. 

If your conveyancing solicitor is on the panel for Barclays, (a) there shouldn’t be a problem and (b) they should know all this from the instructions I linked to. Do you know exactly what the issue is?

TheScrimpyCat

if you look at section 29, Barclays will accept a solicitor in the same firm as the one doing the conveyancing and suggests ‘internal Chinese walls’ to avoid a conflict of interest. 

If your conveyancing solicitor is on the panel for Barclays, (a) there shouldn’t be a problem and (b) they should know all this from the instructions I linked to. Do you know exactly what the issue is?

Hi thanks. From what I understand though a ILA can't be with the one undertaking the mortgage transaction. I had actually put my conveyancing solicitor down on their ILA info form initially because I didn't know what they were asking for. They didn't do anything with that and put the mortgage through as a standard mortgage. 

I realised too late. When we tried to rectify it and do an ILA with my broker post completion, they said that it was not one from their panel, despite never telling us we needed anyone from their panel.

Now I'm stuck I this predicament of not being able to register my property for 4 yrs. The latest from them is that I need a new ILA but the ILA solicitor needs to request the form from them, but my ILA solicitor said that's not what they do. That's why I asked if your ILA solicitor needed to request this from Barclays. 

silvercar

TheScrimpyCat said:

if you look at section 29, Barclays will accept a solicitor in the same firm as the one doing the conveyancing and suggests ‘internal Chinese walls’ to avoid a conflict of interest. 

If your conveyancing solicitor is on the panel for Barclays, (a) there shouldn’t be a problem and (b) they should know all this from the instructions I linked to. Do you know exactly what the issue is?

Hi thanks. From what I understand though a ILA can't be with the one undertaking the mortgage transaction. I had actually put my conveyancing solicitor down on their ILA info form initially because I didn't know what they were asking for. They didn't do anything with that and put the mortgage through as a standard mortgage. 

I realised too late. When we tried to rectify it and do an ILA with my broker post completion, they said that it was not one from their panel, despite never telling us we needed anyone from their panel.

Now I'm stuck I this predicament of not being able to register my property for 4 yrs. The latest from them is that I need a new ILA but the ILA solicitor needs to request the form from them, but my ILA solicitor said that's not what they do. That's why I asked if your ILA solicitor needed to request this from Barclays. 

If you are already post completion, you have the mortgage. If it isn’t registered then the lender doesn’t have security for the mortgage.  Your conveyancing solicitor should be registering the property. I don’t understand how they can let it drag on for years. As far as I know the ILA solicitor just confirmed to the conveyancing solicitor that I had taken independent legal advice and understood the implications of being on the mortgage alone. 

If you aren’t getting anywhere, what does your solicitor say. Have you considered making a complaint to Barclays?

TheScrimpyCat

silvercar said:

TheScrimpyCat said:

if you look at section 29, Barclays will accept a solicitor in the same firm as the one doing the conveyancing and suggests ‘internal Chinese walls’ to avoid a conflict of interest. 

If your conveyancing solicitor is on the panel for Barclays, (a) there shouldn’t be a problem and (b) they should know all this from the instructions I linked to. Do you know exactly what the issue is?

Hi thanks. From what I understand though a ILA can't be with the one undertaking the mortgage transaction. I had actually put my conveyancing solicitor down on their ILA info form initially because I didn't know what they were asking for. They didn't do anything with that and put the mortgage through as a standard mortgage. 

I realised too late. When we tried to rectify it and do an ILA with my broker post completion, they said that it was not one from their panel, despite never telling us we needed anyone from their panel.

Now I'm stuck I this predicament of not being able to register my property for 4 yrs. The latest from them is that I need a new ILA but the ILA solicitor needs to request the form from them, but my ILA solicitor said that's not what they do. That's why I asked if your ILA solicitor needed to request this from Barclays. 

If you are already post completion, you have the mortgage. If it isn’t registered then the lender doesn’t have security for the mortgage.  Your conveyancing solicitor should be registering the property. I don’t understand how they can let it drag on for years. As far as I know the ILA solicitor just confirmed to the conveyancing solicitor that I had taken independent legal advice and understood the implications of being on the mortgage alone. 

If you aren’t getting anywhere, what does your solicitor say. Have you considered making a complaint to Barclays?

Yes gone through ombudsman, but Barclays haven't been forthcoming rectifying it. Thanks for letting me know about how yours went.