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Every now and then, a case comes to my attention which makes me causes me unimaginable joy. Redstone Mortgages Plc v Welch, Jackson & Jackson (Birmingham County Court, June 22, 2009, HHJ Worster) is one of those cases. It's already attracted some media...
Some of you might have seen in the news recently some rather confused reports that HHJ Halbert at Chester County Court was dealing with various attempts by people to write off debts owed under credit agreements, see, for example, this from the BBC or this...
The Observer had a very interesting article yesterday, which can be found here. It concerned the complaint by Andrew Brown (not his real name) to the Financial Ombudsman Service. Mr Brown was a tenant of a housing association who was persuaded by a mortgage...
Cheval Bridging Finance Ltd v Bhasin and others [2009] EWCA Civ 1613. Mrs Bhasin had lived at 9 Long Acre Drive since May 1975. Initially, she was a tenant of the local authority but, in c.1988, she purchased the property under the "Right To Buy" scheme and...
The quarterly statistics for quarter 4 2008 on possession claims and orders are out [pdf]. Unsurprisingly, it is the mortgage repossession figures from the CML that got the headlines, being up significantly on 2007 - albeit by less than initially forecast by...
Andrew Dismore MP (he of Chair of the Joint Committee on Human Rights fame) has introduced a ten minute rule bill entitled 'Home Repossession (Protection) Bill'. In his own words, the Bill will: amend the Law of Property Act 1925 to require a mortgagee to...
The Law Gazette this week has a couple of articles on the new mortgage repossession/money claim protocol. First is a clear and possibly optimistic outline of the requirements of the protocol from Christopher Atkinson. Well worth a read on the details and...
The FSA has issued a warning letter to all mortgage lenders and mortgage administrators advising them to get their houses in order, so to speak, over possession actions and arrears management. This is in line with the rather underdeveloped (publicly at...
We are saddened to be told of the untimely death of Bob Lawrence. Some of us knew him, some of us knew of him, but hadn't had the chance to meet him. As many readers of NL will know, Bob Lawrence was a special adviser at the DCLG and a driving force behind...
And what is promised for housing? According to this DCLG press release, the following (with my comments in brackets): * Agreement with major lenders to wait at least three months before initiating repossession proceedings, in order to explore all other...
Yorkshire Bank Finance Ltd v Mulhall & anor [2008] EWCA Civ 1156 How long does a creditor who has the benefit of a charging order have to enforce that charge? In particular, if a creditor allows more than 12 years to pass after securing the charging...
The Civil Justice Council has finally published the "Pre-action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in in Respect of Residential Property" and have done so with an array of press releases (CJC here, HM Treasury...