Monday 24 September 2012

The Partnership Newsletter - September 2012

You're an embarrassment to the Quality Street name
The toffee penny is, in our opinion, possibly one of the least popular sweets invented, and illustrates how the word "Quality" can be abused. Even though the manufacturers write the word on the tin, this dullard's very existence calls the brand into question. Indeed, we've recent experience of exactly the same problem with the word being used by legal providers. Whether its the Law Society's Conveyancing Quality Scheme (CQS) or the Quality Solicitors franchise, neither provides sanctions where their members abuse the brand. This means that unfortunately, unlike the toffee penny which can be given to the dog, as our blog indicates, for now, we're going to have to put up with those companies that don't follow the rules and insist on being rude, inefficient and frankly, no-one's favourite.

Lenders - There's more trouble ahead
HSBC's decision to force their clients to use their choice of lawyer was the first time the impact of separate lender representation was felt widely. Given the negative feedback to this approach which lead to HSBC's humiliating climbdown, many agents and clients hoped we'd seen the end of this practice. Unfortunately, we are seeing increasing numbers of lenders forcing specific types of clients to use their selected lawyer. In recent weeks, clients getting buy-to-let mortgages and one applying for an offset mortgage, were all forced to use the bank's lawyers. This is definitely a growing trend, and clients and agents should be aware where such representation is required, as it will slow transactions and cause unexpected frustration for buyers and sellers alike.

HSBC - not exactly a level playing field
HSBC have backtracked on their decision to allow only a handful of lawyers to represent them, and from the beginning of September, have now allowed a slightly larger handful of firms who have joined the Law Society's CQS to represent them. However, citing "technical difficulties", the bank is not allowing licensed conveyancers onto the panel. Which is curious, as they already have several such companies on their existing panel. And licensed conveyancers can also represent them for First Direct mortgages. Which at least demonstrates a consistent lack of inconsistency.

Partnership New Conveyancing Discussions are proving a Hit
Following successful trials with a number of London estate agents, our new, free Conveyancing Discussion is now being launched. Accompanied by a unique handbook and materials, this informal 45 minute session reviews recent changes to the conveyancing process, how agents can help resolve problems and actually get to see the documents involved in the process. To learn more about this new service, send an email for more information and we'll send you a free sample of the handbook.

Wednesday 12 September 2012

Quality - possibly the most abused word in service

Traditional law firms are frightened.    Their world is going to end - like Virgin's trains, their gravy versions are hitting the buffers and they'll soon be down the pawnshops with their dictation machines.

This was because until last year, solicitors were like the post office, and had one of the few monopolies left, managing to escape the hand of Margaret Thatcher's (and subsequent Conservative governments) reforms.  Following the breaking of this monopoly where only lawyers could own law firms, they were told that firms such as Lidl and Poundland were going to offer legal services.  To stave off disaster, some came up with cunning plans, the like of which Baldrick would be proud, focussing on the word "Quality".

One enterprising chap came up with the idea of black and purple letterhead and included the word "Quality Solicitors" on it.  They convinced a bunch of solicitors to buy this letterhead and even WHSmith thought would be a good idea to put some of this letterhead in their shops so people would buy legal services along with the newspapers and notepads. 

Not wishing to be left behind, the Law Society then came up with a similarly cunning plan called the Conveyancing Quality Scheme whereby solicitors filled in some forms, paid them a fee and they could put a logo on their letterhead as well.  Firms that signed up to the scheme apparently had to adhere to the principles of treating other firms with respect, following the Law Society's new rules on running conveyancing cases and generally acting in a helpful manner.

Sadly, recent experience with firms that belong to these Letterhead Schemes have been some way away from what we would call quality.  Beligerent, rude, bullying and extraordinarily inefficient would be more appropriate.  Sadly, we don't think that these attributes make such an attractive tagline as simply, Quality.

However, the fundemental problem with these Letterhead Schemes is that there are no sanctions against the firms that breach the rules.  Once a firm has got its letterhead printed, then there is nothing that can be done, other than for clients and estate agents who have to suffer working with them, highlight their shortcomings and do their utmost to ensure that future business does not go to them.

We would urge any client considering using a Quality Letterhead scheme firm to check their references before assuming that because they can spell the word Quality and have put in on their envelopes, doesn't necessarily mean that they understand what it actually involves.