http://www.digitaljournal.com/article/261623
Banks using Obscure Laws to Confiscate Homes
Banks and credit card companies in the UK are on the prowl, exploiting loopholes in the law to repossess the homes of people who default on payments.
The practice of serving defaulters with charging orders, allowing creditors to force the sale of property, has been around for some time. In fact, the rate at which the courts have been granting charging orders has increased greatly in the past two months.
However, it has not come under the scrutiny of the media until recently when Yvette Cooper, chief secretary to the Treasury, called on banks to do more to help people keep their homes.
Ministry of Justice records show that 97,026 charging orders were granted by England and Wales courts last year. This is a ten times the number granted in 2000.
Mark Sands, head of accountancy firm KPMG, said: âThe power of a charging order can come as a horrible shock to someone. When they took out the loan or the credit card, they were almost certainly not told that their home was at risk if they failed to keep up with repayments.â
Banks look set to continue the practice. From next year on, they will no longer have to obtain a county court judgment against a defaulter before seeking a charging order. Direct action can be taken after a few months of missed payments.
âNo one should be allowed to lose their home simply because of a credit card debt. More needs to be done by the government to ensure that lenders simply do not act overzealously, and only take possession of properties as a last resort," said Vince Cable, Liberal Democrat Treasury spokesman.
"The fact that banks can now kick people out of their homes for not keeping up with their unsecured debts is very worrying,â he continued.
According to Alex McDermott, social policy officer at Citizens Advice, the government is a co-conspirator in this issue. Homes repossessed due to defaults on payment do not appear in official statistics posted by the Council for Mortgage Lenders.
Northern Rock, a bank that has been singled out as being particularly aggressive in serving charging orders, insisted that the practice is lawful. "Any application for a charging order on an unsecured loan is in strict accordance with the Consumer Credit Act.â
However, it did not disclose the number of homes it had forced people to sell.