Paid in fullOnce again we have a complaint that a lender's mortgage cheque has not been paid (see [2000] Gazette, 20 April, 16).
In this case, the cheque is stated to have been stopped by the payer (it would have been interesting to know the reason for this).
In other letters on the same subject, cheques have been unpaid because the words and figures differed, or cheques were simply not received in time for completion, only arrived in the second post, or had to be collected from the local branch.Your correspondent, Mr Graff, says that 'the Law Society should now insist that payments to solicitors should only be made by means of bank transfer'.
I have to say the remedy is in our hands.
When solicitors send the report title to the lender, we should make it clew that we require the funds to be sent by BACS or Chaps Transfer.
What is more, the funds should he requested for the day before legal completion.Terms of business should state that fluids will be obtained in this way and that the client will be responsible for any bank transfer fees incurred, and also for the extra day's mortgage interest, if charged by the lender.
The possible extra cost to the client is more than offset by the peace of mind in knowing that the mortgage funds are available for use first thing on the morning of completion.
The benefits to the solicitor are obvious.Many lenders do remit funds in this way as a matter of course, some free of cost, some charging up to 30.
Some also send the funds the day before completion in any event, at no extra cost to the client.Steven Parry, Steven D Parry, Chester
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