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Scots call for repossession move | Scots call for repossession move |
(about 2 hours later) | |
Opposition parties are calling for Scottish homeowners to receive the same protection from repossession as householders in England and Wales. | Opposition parties are calling for Scottish homeowners to receive the same protection from repossession as householders in England and Wales. |
The prime minister has introduced rules to ensure courts south of the border only take homes as a last resort. | |
The proposals do not apply in Scotland because of its separate legal system. | |
However, Deputy First Minister Nicola Sturgeon said the Mortgage Rights (Scotland) Act 2001 already made sure repossessions were a last resort. | |
Speaking on BBC radio's Good Morning Scotland programme, she said:"The Mortgage Rights Bill already allows owners to ask for time to pay or to look at alternatives. | |
"A sheriff will look at all the circumstances, including the conduct of the lender." | |
It is not the case that homeowners in Scotland will somehow have less protection than south of the border and I don't think it's right for anybody to make that suggestion Nicola SturgeonDeputy First Minister | |
In England and Wales the tougher rules are to be brought in through a "pre-trial protocol". | |
This will state what the courts should expect of lenders bringing repossession cases. | This will state what the courts should expect of lenders bringing repossession cases. |
The aim is to ensure lenders have demonstrated to the courts that they had exhausted every avenue before resorting to repossession. | The aim is to ensure lenders have demonstrated to the courts that they had exhausted every avenue before resorting to repossession. |
However, the process would not work north of the border where pre-trial protocols do not exist. | |
Scottish Labour and the Scottish Liberal Democrats called for Scottish law to be changed to allow the prime minister's plan to go ahead north of the border. | |
However, Ms Sturgeon said: "It is not the case that homeowners in Scotland will somehow have less protection than south of the border and I don't think it's right for anybody to make that suggestion." | |
Banks' role | |
The UK Government is also proposing that firms involved in sale-and-rent back schemes should be regulated by the Financial Services Authority. | |
Labour's Cathy Jamieson said banks should also play a greater role in preventing repossessions by setting up home ownership schemes. | |
She said: "The banks could take a stake in homes and if, at a later date, those homes were sold they would recoup the money." | |
The Lib Dem's Ross Finnie said: "I think there is a question about making an absolute requirement on banks that they've taken every possible step to try and do some alternative structuring to the loan before they have a recourse to repossession." | |
Publicity campaign | |
The Scottish Conservatives said there should be more dialogue between borrowers and lenders. | The Scottish Conservatives said there should be more dialogue between borrowers and lenders. |
Shadow Scottish Secretary David Mundell said: "Both the government and the banks do have a role in helping people get through this situation." | |
The Scottish Government said it had programmes in place to help people experiencing mortgage difficulties. | |
This included a £25m home owner support fund which aims to allow home owners in serious financial difficulties to retain ownership of their house. | |
It is also planning to launch a publicity campaign urging people to seek help through Citizen's Advice Bureaux and Debtline. | |
Scottish Government officials are to meet the Council of Mortgage Lenders to discuss the prime minister's new guidance. |