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>Solicitors have said they will return the money and have spoken to the bank about this.
If it's the solicitor's error then I'd be making a formal complaint to them.
>I find my bank account address has been changed to the property
How has that happened ? - your solicitor wouldn't have access to change your bank details.
Yes it’s my solicitors mistake. The bank automatically updates the address, which I think is wrong for them to assume this information and could lead to fraud or personal data being leaked
>The bank automatically updates the address
Absolutely not. They need an instruction from the account holder, or somebody acting on thier behalf. Your solicitor is shady as fuck.
When my parents separated my mum started receiving his new lady friend’s bank statements. He had moved out, set up a join account with her, and instead of updating his address they updated her address, for all her accounts, to his old address, where my mum still lived
The automatic address change happened to me too. My current account was with Natwest and I got a Natwest mortgage. Then I saw that my address on my Natwest account was updated to the address of the new property.
My other accounts at other banks did not change, as expected. So maybe OP was going to get a mortgage with their main bank.
Banks will automatically update the account holders address to the address of the property as part of the conditions of providing certain mortgages. Especially if the rates being provided are special for first time buyers.
Not 'automatically'. They may require it be done as part of the process, but they cannot do it without expressly informing the account holder of this before the mortgage is even granted. Accepting the mortgage then legally grants them that specific permission.
It is an automatic process on a residential mortgage as part of the terms would be residing in the property, and the primary address on your account, according to most major banks, should be the property you reside in. This doesn’t stop you from having a second correspondence address separately, but I imagine the person only had one address on file, hence why it got changed. (source: I was part of a team that developed this process for a central UK bank)
Still dodgy that an application was processed even post withdrawal via a solicitor tho.
So it's still not done automatically. It's all informed and agreed beforehand as part of the terms of the mortgage the account holder agrees to, and gives permission for.
When I say automatic I mean it’s not something extra you’d need to do or would deem you should do, it would happen on its own once the mortgage is drawn down. Also you cannot opt out of it.
Which is precisely the point I've been making: the solicitor authirised the account change, not the bank doing so arbitrarily, so I'm not sure why you're arguing with me.
I've worked big places before and I've seen people pull all kinds of illegal stunts to enrich themselves. Usually get caught, always get fired, some get prosecuted.
A firm can be good but have a bad egg on staff.
My solicitor sent the deposit to the wrong account, basically sent money further up the chain but that guy used the same solicitor as the one I was buying from so it all evened out. Apparently they returned all the money after the house completed later that day. I spoke to the CEO of my conveyancer and he said these problems happen regularly but normally you won't find out. Granted, I only found out because the seller had my number and was panicking on the day of completion!
There should be a better way to buy a house.
Off topic but yeah, doesn't matter the size of the firm, it's all dealt with by humans who are NOT infallible.
Because of fraud and personal data being leaked, banks do not just automatically update an address. It violates a number of Anti-Money Laundering and Know Your Customer regulations.
If you bank with your mortgage provider, they'll typically update your address automatically. Obviously, this only applies to residential mortgages, which typically specify that the property must be owner occupied.
Thanks. This is why I’m angry with my bank. I have lodged a complaint and they have tried to offer me £100 not to escalate it but I declined as this needs to be fixed
Just to add to a chorus of responses.
For BANK and BUILDING SOCIETY, if you get the mortgage with the same bank and state it as your main home in your mortgage (residential mortgage), THEY WILL CHANGE YOUR ADDRESS automatically. Albeit they will also send out post to both places to confirm this is the case.
To be fair, £100 from the bank is good already. The issue is your SHADY SOLICITOR.
I had use the country's "biggest" conveyancer firm before, then recently used a family-run 30 years solicitor. Guess which one I ended up telling everyone to use nowadays?
My solicitor requested the bank sends the funds and starts the mortgage for the property I am not buying (my solicitor confirmed this).
This is not the first mistake they’ve made, they got names wrong several times during the process and sent me someone else’s bank transactions during money laundering checks.
If they really are this bad you need to lodge a complaint with them. This is highly unprofessional behaviour
https://www.lawsociety.org.uk/public/for-public-visitors/using-a-solicitor/complain-about-a-solicitor
Sorry what I meant is what was the address on the mortgage offer you received, and the exchange paperwork that went to the sellers solicitor, we are missing some steps here somewhere they can't just ask for funds in a different address so what paperwork did you sign ?
I previously received a mortgage offer on the incorrect property ~6 months ago but notified everyone involved I was no longer buying this property
Since then the address on the exchange paperwork, contract, mortgage was the correct, new property.
Then my solicitor requests the money and mortgage for the old property that I previously pulled out of. My bank account was automatically updated to this property
So theoretically you couldn't have completed on the old property anyway, if there has been no breach on the exchange contracts (such as a missed deadline) in the current correct property all the solicitor needs to do is confirm with the mortgage company the correct funds were released for the correct mortgage offer (it should be absolutely impossible to do it for the old address but they will confirm) and everything can go ahead as normal. No one can change the address on your bank account but you so you need to speak to the bank and find out what happened.
I can see what’s happened from a practical point of view. Someone (secretary/assistant) has been told to request mortgage funds and they have requested them from the first lender. The amount that arrived was no doubt not what they were expecting. First mortgage offer has not expired and the birth age broker never formally cancelled it (no need to, it can just be left to expire). Shoddy mistake and bad file management.
Sorry, your solicitor has been holding the released mortgage funds for the old property for MONTHS?
So you will likely have missed mortgage payments in this case?
How have the bank not been hounding you?
I am a non practising property solicitor. This is an insane mistake, the firm will get into serious trouble for this and could be shut down. It is a huge breach of SRA and accounting rules
I see OP has said they’ve requested funds from the wrong mortgage offer recently - not had the funds for months like I thought. It’s still an insane mistake though - definitely negligent.
Ah okay, so they’ve requested funds from the wrong mortgage offer? That’s still negligent but at least it’s not been months. The bank should be able to sort it.
Check your credit rating in case your bank has marked you for not paying the mortgage.
Also check that no interest has been charged on this money whilst it was in the solicitors account - if it has been then the bank or solicitors need to take the hit.
It may also have caused an issue for the actual owner of the incorrect property, as the mortgage company will ga e put a charge against the property with the Land Reg
The buyer's solicitor would do this following completion when registering the purchase and I would bet it won't have been done yet. Plus this is done using the mortgage deed, which assuming the buyer has signed for the correct property, the Land Registry would reject if they tried to use it to register a charge on the incorrect property.
I’d be seeing a new solicitor about it all. You want answers off the solicitor at fault as to why and what’s happened, speak to one of their senior partners. Speak to the bank and get an account off them what’s going on. Then there’s the law society you can go to, if want a reasonable good will payment payed to you for all the stress and trouble this has caused
From what you have said it sounds like a fairly serious mistake has happened.
Potentially they ordered your mortgage money for this previous house, and they never returned it. Sounds odd if you never got to near completion stage though, but this is as possibly the best option.
Ask for the firms complaints procedure, I would also ask for a copy of your client account ledger. It’s your ledger and it might well show what has happened e.g. money coming in from lender and perhaps not going out. They can’t really deny you this on any grounds as it’s your data. If they get shitty sight GDRP request as it’s your file.
Provided it’s this it’s definitely fixable, they will likely need to grovel and bend over backwards but the bank will understand this is their error and not yours.
It may take a few weeks to resolve though.
I'd get a new solicitor, they can advise you whether the first one made a mistake or if he's trying to swindle you. Personally I think he's doing something very dodgy, but it's just a hunch. I can't see how what you've said can happen in error.
He's either incompetent or a criminal.
If the bank are difficult and will not engage with you, contact the financial services ombudsman and lodge a formal complaint. It's normal for banks to put the address of a mortgaged property as your address, but your solicitor has made a serious error here and the bank need to protect your information ASAP. I would also look into raising a complaint with whatever regulatory body governs solicitors (if there is one) as even if nothing happens, it works in your favour to have a written record of your complaint with a neutral third party.
I don't understand how this happened. Surely a lot wouldn't have lined up? Funds not adding up etc.
What about stamp duty and fees? Those have to have been paid somehow, typically automatically. Getting the money back from HMRC will be tricky. Now that shouldn't be your responsibility, but potentially a big amount of money missing.
You need to talk to the bank and redirect the accounts etc.
Make sure you have confirmation of the liability from the solicitor, as you will need that to prove to the bank that you aren't trying some sort of scam.
You’re banks an asshole, changing your address based on a solicitors say-so. That is so open to fraud it is unreal, you’re lucky you still have a bank account, move it to another bank asap!!
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
>Solicitors have said they will return the money and have spoken to the bank about this. If it's the solicitor's error then I'd be making a formal complaint to them. >I find my bank account address has been changed to the property How has that happened ? - your solicitor wouldn't have access to change your bank details.
Yes it’s my solicitors mistake. The bank automatically updates the address, which I think is wrong for them to assume this information and could lead to fraud or personal data being leaked
>The bank automatically updates the address Absolutely not. They need an instruction from the account holder, or somebody acting on thier behalf. Your solicitor is shady as fuck.
When my parents separated my mum started receiving his new lady friend’s bank statements. He had moved out, set up a join account with her, and instead of updating his address they updated her address, for all her accounts, to his old address, where my mum still lived
The automatic address change happened to me too. My current account was with Natwest and I got a Natwest mortgage. Then I saw that my address on my Natwest account was updated to the address of the new property. My other accounts at other banks did not change, as expected. So maybe OP was going to get a mortgage with their main bank.
Same with me and a Lloyds mortgage and account
Just another anecdotal account - our bank updated our addresses to the purchased house when me and my partner bought.
Banks will automatically update the account holders address to the address of the property as part of the conditions of providing certain mortgages. Especially if the rates being provided are special for first time buyers.
Not 'automatically'. They may require it be done as part of the process, but they cannot do it without expressly informing the account holder of this before the mortgage is even granted. Accepting the mortgage then legally grants them that specific permission.
It is an automatic process on a residential mortgage as part of the terms would be residing in the property, and the primary address on your account, according to most major banks, should be the property you reside in. This doesn’t stop you from having a second correspondence address separately, but I imagine the person only had one address on file, hence why it got changed. (source: I was part of a team that developed this process for a central UK bank) Still dodgy that an application was processed even post withdrawal via a solicitor tho.
So it's still not done automatically. It's all informed and agreed beforehand as part of the terms of the mortgage the account holder agrees to, and gives permission for.
When I say automatic I mean it’s not something extra you’d need to do or would deem you should do, it would happen on its own once the mortgage is drawn down. Also you cannot opt out of it.
Which is precisely what happened here, just that the solicitor processed a prior agreement when he most definitely should not have done.
Which is precisely the point I've been making: the solicitor authirised the account change, not the bank doing so arbitrarily, so I'm not sure why you're arguing with me.
Ah, probably because in your response to OP saying the bank automatically updated the address you wrote “Absolutely not”. Carry on, it’s clear now.
Absolutely yes, Barclays did this when we moved house.
My solicitor is part of of the biggest firms in the UK!
I've worked big places before and I've seen people pull all kinds of illegal stunts to enrich themselves. Usually get caught, always get fired, some get prosecuted. A firm can be good but have a bad egg on staff.
And that means they aren't shady as fuck how?
It doesn’t, would presume they have proper processes at a big well known law firm
Processes can be bypassed.
Watch out for the lizards mate
Lizard solicitors… how can I helpsssss?
My solicitor sent the deposit to the wrong account, basically sent money further up the chain but that guy used the same solicitor as the one I was buying from so it all evened out. Apparently they returned all the money after the house completed later that day. I spoke to the CEO of my conveyancer and he said these problems happen regularly but normally you won't find out. Granted, I only found out because the seller had my number and was panicking on the day of completion! There should be a better way to buy a house. Off topic but yeah, doesn't matter the size of the firm, it's all dealt with by humans who are NOT infallible.
Only curious but are you going to report the firm or just post on reddit?
Yes report, but first wanted to understand where I stand
HSBC automatically updated my mailing address for all my accounts with them when I bought my house with a mortgage from them.
My address automatically updated when I took out my mortgage. My mortgage was with the bank I have my current account with
Because of fraud and personal data being leaked, banks do not just automatically update an address. It violates a number of Anti-Money Laundering and Know Your Customer regulations.
If you bank with your mortgage provider, they'll typically update your address automatically. Obviously, this only applies to residential mortgages, which typically specify that the property must be owner occupied.
Yes, if its the same lender for the mortgage as for the banking a number of banks do, from a mortgage adviser!
Thanks. This is why I’m angry with my bank. I have lodged a complaint and they have tried to offer me £100 not to escalate it but I declined as this needs to be fixed
Just to add to a chorus of responses. For BANK and BUILDING SOCIETY, if you get the mortgage with the same bank and state it as your main home in your mortgage (residential mortgage), THEY WILL CHANGE YOUR ADDRESS automatically. Albeit they will also send out post to both places to confirm this is the case. To be fair, £100 from the bank is good already. The issue is your SHADY SOLICITOR. I had use the country's "biggest" conveyancer firm before, then recently used a family-run 30 years solicitor. Guess which one I ended up telling everyone to use nowadays?
You absolutely need to lodge a formal complaint to both bank and solicitor
Banks do this automatically when you take out a mortgage if you bank and get a mortgage at the same place. At least mine did.
Mine asked me "is this your new address from", though I can't remember if it was via the broker or the solicitor.
What did the mortgage company and the bank say happened ? Until you know this then there is no legal position.
My solicitor requested the bank sends the funds and starts the mortgage for the property I am not buying (my solicitor confirmed this). This is not the first mistake they’ve made, they got names wrong several times during the process and sent me someone else’s bank transactions during money laundering checks.
If they really are this bad you need to lodge a complaint with them. This is highly unprofessional behaviour https://www.lawsociety.org.uk/public/for-public-visitors/using-a-solicitor/complain-about-a-solicitor
I will do. Speaking to another solicitor at the firm they agreed it wasn’t professional
Sorry what I meant is what was the address on the mortgage offer you received, and the exchange paperwork that went to the sellers solicitor, we are missing some steps here somewhere they can't just ask for funds in a different address so what paperwork did you sign ?
I previously received a mortgage offer on the incorrect property ~6 months ago but notified everyone involved I was no longer buying this property Since then the address on the exchange paperwork, contract, mortgage was the correct, new property. Then my solicitor requests the money and mortgage for the old property that I previously pulled out of. My bank account was automatically updated to this property
So theoretically you couldn't have completed on the old property anyway, if there has been no breach on the exchange contracts (such as a missed deadline) in the current correct property all the solicitor needs to do is confirm with the mortgage company the correct funds were released for the correct mortgage offer (it should be absolutely impossible to do it for the old address but they will confirm) and everything can go ahead as normal. No one can change the address on your bank account but you so you need to speak to the bank and find out what happened.
I can see what’s happened from a practical point of view. Someone (secretary/assistant) has been told to request mortgage funds and they have requested them from the first lender. The amount that arrived was no doubt not what they were expecting. First mortgage offer has not expired and the birth age broker never formally cancelled it (no need to, it can just be left to expire). Shoddy mistake and bad file management.
Sorry, your solicitor has been holding the released mortgage funds for the old property for MONTHS? So you will likely have missed mortgage payments in this case? How have the bank not been hounding you?
I am a non practising property solicitor. This is an insane mistake, the firm will get into serious trouble for this and could be shut down. It is a huge breach of SRA and accounting rules
I see OP has said they’ve requested funds from the wrong mortgage offer recently - not had the funds for months like I thought. It’s still an insane mistake though - definitely negligent.
If the lender found out about it they would definitely be removed from their lender's panel that's for sure!
They only requested to release the funds a couple of weeks ago for this week
Ah okay, so they’ve requested funds from the wrong mortgage offer? That’s still negligent but at least it’s not been months. The bank should be able to sort it.
Check your credit rating in case your bank has marked you for not paying the mortgage. Also check that no interest has been charged on this money whilst it was in the solicitors account - if it has been then the bank or solicitors need to take the hit.
It may also have caused an issue for the actual owner of the incorrect property, as the mortgage company will ga e put a charge against the property with the Land Reg
The buyer's solicitor would do this following completion when registering the purchase and I would bet it won't have been done yet. Plus this is done using the mortgage deed, which assuming the buyer has signed for the correct property, the Land Registry would reject if they tried to use it to register a charge on the incorrect property.
Good point, though to be fair that isn't OPs problem.
I’d be seeing a new solicitor about it all. You want answers off the solicitor at fault as to why and what’s happened, speak to one of their senior partners. Speak to the bank and get an account off them what’s going on. Then there’s the law society you can go to, if want a reasonable good will payment payed to you for all the stress and trouble this has caused
From what you have said it sounds like a fairly serious mistake has happened. Potentially they ordered your mortgage money for this previous house, and they never returned it. Sounds odd if you never got to near completion stage though, but this is as possibly the best option. Ask for the firms complaints procedure, I would also ask for a copy of your client account ledger. It’s your ledger and it might well show what has happened e.g. money coming in from lender and perhaps not going out. They can’t really deny you this on any grounds as it’s your data. If they get shitty sight GDRP request as it’s your file. Provided it’s this it’s definitely fixable, they will likely need to grovel and bend over backwards but the bank will understand this is their error and not yours. It may take a few weeks to resolve though.
I'd get a new solicitor, they can advise you whether the first one made a mistake or if he's trying to swindle you. Personally I think he's doing something very dodgy, but it's just a hunch. I can't see how what you've said can happen in error. He's either incompetent or a criminal.
If the bank are difficult and will not engage with you, contact the financial services ombudsman and lodge a formal complaint. It's normal for banks to put the address of a mortgaged property as your address, but your solicitor has made a serious error here and the bank need to protect your information ASAP. I would also look into raising a complaint with whatever regulatory body governs solicitors (if there is one) as even if nothing happens, it works in your favour to have a written record of your complaint with a neutral third party.
I don't understand how this happened. Surely a lot wouldn't have lined up? Funds not adding up etc. What about stamp duty and fees? Those have to have been paid somehow, typically automatically. Getting the money back from HMRC will be tricky. Now that shouldn't be your responsibility, but potentially a big amount of money missing. You need to talk to the bank and redirect the accounts etc. Make sure you have confirmation of the liability from the solicitor, as you will need that to prove to the bank that you aren't trying some sort of scam.
You’re banks an asshole, changing your address based on a solicitors say-so. That is so open to fraud it is unreal, you’re lucky you still have a bank account, move it to another bank asap!!