LETTERS
Letter of the week
Mortgage repossessions
I
n light of the on-going political any regulatory requirements relating to thematic review on mortgage arrears
debate as to whether borrowers the loan have been complied with by the and possessions and, in particular, its
in mortgage arrears are now offered lender. A protocol of this nature should good practice guidance. It also takes
greater protection in England and
Lend
null
not introduce a further and conflicting
ers are
into account issues raised by the Finan-
Wales than in Scotland, following the layer of regulation. required cial Ombudsman, advice agencies and
introduction of the pre-action protocol, Mortgage lenders are, of course,
to have in
the courts. Our members have agreed
it is worth looking at the background to regulated in the way they conduct their
place and
to review their arrears and possessions
this measure. mortgage business across the UK by
operate in
policies in light of this guidance and
There are a number of pre-action the Financial Services Authority (FSA) to complete this process by January 1
protocols to deal with differing types through its Mortgage Conduct of Busi-
accordance
2009. This guidance can be viewed on
of civil litigation in England and ness Rules (MCOB). Chapter 13 of
with a
our website www.cml.org.uk.
Wales, which are designed to ensure MCOB sets out how lenders should treat written We do not believe the new proto-
that before legal proceedings are com- mortgage customers who are in arrears or
policy to
col introduced in England and Wales
menced all reasonable steps are taken to face repossession. Lenders are required
ensure that
places Scottish borrowers facing repos-
avoid the necessity for litigation. These to have in place and operate in accor- session at a disadvantage, as the pro-
protocols have been introduced by the dance with a written policy to ensure
lenders are
tocol simply reflects the MCOB 13
Civil Justice Council (CJC), which has that lenders are treating customers in
treating
requirements which already apply on
responsibility for the administration of arrears, or who have a sale shortfall or customers mortgage lenders throughout the UK,
the civil court system in England and are in breach of a home purchase plan,
in arrears
as does our industry guidance. In Scot-
Wales, and are very much intended fairly. This chapter also requires lenders land we do, of course, have the protec-
to ensure the smooth running of the to look at each individual arrears case on tions afforded by the Mortgage Rights
court system. Earlier this year the CJC its merits and to only repossess the prop-
null
(Scotland) Act 2001 and from April 1
announced a consultation on an addi- erty where all other reasonable attempts 2009, lenders will be required to serve
tional protocol on mortgage arrears. to resolve the position have failed. a notice on local authorities under
In our response to this consultation, We have also been working with our Section 11 of the Homelessness, etc
we broadly welcomed its introduction. members on the development of guid- (Scotland) Act 2003 when they com-
We have subsequently worked with ance to assist them in the interpreta- mence any action to take possession of
the CJC to ensure that an acceptable tion of MCOB 13 and in meeting their a home.
protocol was introduced which ensures obligations under the treating customers
that when a court grants an order for fairly principles. The guidance takes into KENNEDY FOSTER
possession it should be satisfied that account the findings from the recent FSA COUNCIL OF MORTGAGE LENDERS
>> Sexual Offences Bill that will achieve nothing but sentence the be supported in being able to avoid early
T
he highly-charged debate about child to a lifetime of problems and preju- sexual activity. We have little information
the Sexual Offences Bill is in dan- dice. My concerns are shared by a num- about what helps young people in this
ger of diverting attention from the need ber of children’s organisations. age group resist peer pressure and make
for effective, evidence-based law-making. The bizarre nature of these propos- informed choices that respect themselves
While there is general agreement about als becomes clear when we consider the and others. Consultation with them must
the aims of the Bill - supporting children discomfort I imagine most of us feel be central to any law reform.
in avoiding early sexual activity, protecting about consulting 8-12 year olds on sexual At this stage, with minimal informa-
them from and preventing inappropriate offences. If they are too immature to be tion about what factors impact on young
behaviour – there is uncertainty about given information about these offences, people’s decisions and behaviour, there is
how these aims should be achieved. then surely, they are also too immature a risk that these new laws, based on little
I’d like to be clear about two separate to be charged with committing them. more than conjecture, speculation and
sets of proposals contained in the Bill. The very small number of cases guesswork, will not only fail to achieve
Measures that will potentially crimin- involving under-13s which give real their aims but will have unintended conse-
alise 8-12 year olds for “sexual activity” (a cause for concern should be addressed quences that actually makes things worse.
clear definition of which is not provided) with a robust welfare-based response.
should be scrapped. An eight-year-old On measures relating to 13-15 year KATHLEEN MARSHALL
who has kissed another child should not olds, I want the age of consent to remain SCOTLAND’S COMMISSIONER FOR
be vulnerable to criminal proceedings at 16, and I want our young people to CHILDREN AND YOUNG PEOPLE
38
| 17 November 2008 | Holyrood magazine | www.holyrood.com |
Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72  |  Page 73  |  Page 74