The ‘Good News’ is ;

The Government appears to have listened to SAFE at our various meetings in Westminster, culminating at lasts months AGM of the APPGAFE, (All Party Parliamentary Group Against Financial Exploitation, to which SAFE is the Secretariat, see last months minutes at www.safe-online.org ).

SAFE has been pressing for legislation to protect homeowners who fall behind with their repayments due to tighter lending for many months and now the Government has announced a ; New Pre Action Protocol Launched for Mortgage Possession Cases.

“A new set of guidelines to help resolve disputes over mortgage payments and arrears has been drawn up by the Civil Justice Council. The pre-action protocol (PAP), …….” (See attachments).

The ‘Bad News is:

Safe’s long experience of the banking industry is that the banks will now be working overtime to issue proceedings against all defaulting mortgagors on or before 18th November to beat the new protocol.

Help for Casualties

Any member of the public with eviction problems should contact the SAFE office for assistance email This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

or telephone 0208 630 9990.

Related Articles:

New Pre Action Protocol Launched for Mortgage Possession Cases

A new set of guidelines to help resolve disputes over mortgage payments and arrears has been drawn up by the Civil Justice Council.

The pre-action protocol (PAP), drafted by the Civil Justice Council’s Housing and Land committee will take effect from 19 November 2008. It is designed to encourage parties to exchange information at an early stage, to encourage early settlement of cases or where that cannot be avoided, more efficient case management. It does not alter parties existing rights and obligations.

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PRE-ACTION PROTOCOL FOR POSSESSION CLAIMS BASED ON MORTGAGE OR HOME PURCHASE PLAN ARREARS IN RESPECT OF RESIDENTIAL PROPERTY

1. PREAMBLE

1.1 This Protocol describes the behaviour the court will normally expect of the parties prior to the start of a possession claim within the scope of paragraph 3.1 below.

1.2 This Protocol does not alter the parties’ rights and obligations.

1.3 It is in the interests of the parties that mortgage payments or payments under home purchase plans are made promptly and that difficulties are resolved wherever possible without court proceedings. However in some cases an order for possession may be in the interest of both the lender and the borrower.

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