Scottish homeowners remain victims of aggressive lenders

| April 9, 2009
Scottish homeowners remain victims of aggressive lenders

A BBC Scotland investigation has suggested that Scottish homeowners struggling with mortgage arrears are more likely to be repossessed than their English and Welsh counterparts.

A programme screened on BBC One Scotland yesterday compared the legal measures available to prevent repossession in Scotland with those covering the rest of the UK.

The programme makers claimed that Scotland’s failure to adopt the same measures as England and Wales put people at greater risk of repossession.

In England and Wales a measure known as the pre-action court protocol, which obliges lenders to negotiate with borrowers before taking court action, came into force in November.

The Ministry of Justice estimates that the scheme has reduced the number of repossession cases going through county courts in England and Wales by 50%.

However, Scottish borrowers have been left out of the loop and housing charity, Shelter Scotland, says it has evidence that lenders are still acting aggressively and that secondary lenders in particular are “putting people under pressure and causing greater distress”.

According to the charity, Scotland expect to see at least seven and a half thousand repossessions this year.


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  1. Lynn says:

    Hi there

    I am a single mother and have been facing a neverending struggle to sell my house following a slit up from my soon to be ex-husband. Recently I have been paying a small amount of money to Lloyds TSB to freeze my loan and my credit card with them. My mortgage lender is Lloyds TSB but the administers are C&G. I have been in constant contact with Lloyds TSB since my mortgage break ended October 2008, giving them paperwork to show I was doing all I could to sell the property. I also changed my mortgage after being advised on the phone to go from a 6.4% fixed to a 2. something % variable and due to the credit crunch this would be my best option so I agreed. At the same time I advised them of my change of address, which they sent me a letter to confirm that they have changed the database and that they would also inform C&G of this change (letter dated Oct ’08). Anyway after being in contact with Lloyds numerous occasions, the latest being when I advised them that the minutes of agreement had been signed, I travelled almost one hundred miles from glasgow to castle douglas to get my house finally ready for the sale on the 19th July 2009. I also collected mail of which I had received one letter from Lloyds TSB advising me to contact them. On Wednesday 29th July my partner travelled to Castle Douglas to pay £345 (to Hewatts solicitors) for a homereport to be carried out. The following day on Thursday 30th July 2009 I received a phone call from Hewatts to inform me that she couldn’t make the payment to the surveyor because they had the keys to my property (GM Thomsons) and my home had been repossessed. I was in work at this time and was totally shocked to hear that what I had been working so hard at for 1 year and a half had been taken away without warning and to make matters worse I was told by someone who didn’t know me or vice versa. I immediately called Lloyds TSB very distressed and was passed from pillar to post, finally after Lloyds TSB taking no responsibility and C&G taking no responsibility either I spoke to a woman in the complaints dept. She was the only helpful person throughout the hour long wait on the telephone. I was told that I may not get my home back due to abandonment. Apparently my neighbour downstairs found out who my creditor was, phoned them and told them that I had abandoned my home. After many hours on the telephone during working time I called Lloyds TSB when I arrived home to find out their definition of abandonment. I spoke to an employee that said “stop playing games with me” now this infuriated me as I had lost my home, and was in debt well and truely over £100,000 with a husband that couldn’t have cared less. Please note during the past year and a half I have visited the doctor on numerous occasions due to heart palpitations which was a direct consequence of the stress of my divorce and debt situation. After spending all day Friday in my new job which I started on 13th July 2009 on the phone I finally got my keys back verbally at around 1700 hours. They did not apologise due to negligence of not ever passing on my address change or not ever changing my mortgage from fixed to variable or not acting lawfully during the repossession process (not serving a warrant or writ) there was never any warning and if I hadn’t tried to pay for that home report I would never have found out that my house had been taken away from me. I feel so sickened and shocked that a company you are meant to trust can act so inappropriately. I will be legally persuing this case against Lloyds TSB and C&G. I now need to wait until Tuesday 4th August until I can retrieve my keys (due to Hewatts being closed) in order to inspect any damage done to my new pvc door or my beautifully newly refurbished flat. I will never trust another bank or company as long as I shall live, and now I must take more time off my new job in order to visit the doctors to stop the heart palpitations that have returned as a direct consequence of this huge incompitant, negligent error of a company that is meant to help you. If there is any good lawyers out there that would like to help me please contact me via email. Kind Regards, Lynn