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Courts are having to delay adoption hearings and personal injury claims to deal with a surge in mortgage repossessions.
County courts in England and Wales issued 28,658 repossession orders between April and June as banks and building societies clamped down on borrowers who fell behind with mortgage payments. The volume of repossessions, up 24 per cent on the same period last year to the highest level since 1992, at the end of the last recession, has alarmed judges.
On a single day this week, Judge Stephen Gerlis, a district judge at Barnet County Court, in North London, heard 45 repossession cases. His court has appealed for additional part-time judges to help with the caseload.
“The only way that extra cases can be accommodated is by squeezing out less urgent ones,” Judge Gerlis told The Times. “They have been steadily increasing for at least the past two years and are now accelerating at an alarming rate.”
He said that the increase in repossession applications was causing havoc with court schedules, because these applications must legally be dealt with within eight weeks of being filed.
The court previously set aside one day a week for hearing repossession orders, and two days each for family cases and small claims. Most days are now dominated with applications from people whose homes were about to be seized.
People waiting for the court to hear other civil matters, including adoption applications, contract disputes and personal injury claims, have been forced to wait hours or even days while judges deal with the repossession cases.
Judge Stephen Gold, who sits at Kingston-upon-Thames County Court, in South London, had also experienced an increase in repossession cases but so far the court had been able to cope. He said that the courts had managed to deal with other sudden “blitzes” of cases, such as the recent claims over bank charges.
Lenders issued 39,078 claims for repossession in the past three months, according to figures published by the Ministry of Justice, 17 per cent more than a year ago. Not all are granted and in some cases borrowers come to a late arrangement to pay. According to separate figures issued by the Financial Services Authority, the number of people who missed three or more mortgage payments doubled in the first three months of this year to 300,000, which suggests that many more homeowners could be at risk of repossession. So far 18,900 homes have been repossessed this year, 6,100 more than in the first six months of last year.
Housing charities have accused banks and building societies of becoming more aggressive in pursuing homeowners who fail to keep up with their payments. Andy Sampson, chief executive of Shelter, the housing charity, said that mortgage lenders were using repossession as a first, rather than last, resort.
Not all repossession orders result in borrowers losing their homes, as homeowners can still negotiate with lenders after the order is issued. Earlier this year, the Civil Justice Council, the body responsible for advising the Lord Chancellor on civil law, issued a set of draft guidelines that would require lenders to seek a compromise with defaulting borrowers and avoid legal action unless necessary.
The guidelines, which are based on existing rules that govern disputes between landlords and tenants, will be handed to the Ministry of Justice’s rules committee for endorsement in October, with a view to being implemented in March next year.
The number of bankruptcy petitions also rose to nearly 20,000 in the three months to June. More than 15,300 people petitioned for bankruptcy while creditors sought to force a further 5,625 people into becoming insolvent. The total number of petitions was 5 per cent higher than in the same period last year.
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The borrowers need to also take the responsibility the banks didn't make them borrow. Dont forget our pensions will be invested in the banks, so why should they not take action to protect themselves and our investments.
Stop blaming someone else and take responsibility for actions.
andy, winchester,
If the US system prevailed here, the onus on lending in the first place would be based on the fact that if the borrower wanted to.... he could return the keys. So the bank would have to lend responsibly in the first place. Ahh! Responsible is so old hat. Surprise, surprise, -they called it wrong
norm p, marlow, uk
I thought Ned Kelly only lived in Australia, I can now se he is alive and very well, he is now called a bank and resides in anypart of the world.
Come on you apathetic lot get off you bums and protest this rip off from the banks.
Bob Dawson, Buddina, Australia
The bank is always willing to lend you an umbrella when its not raining...funny that!
dc, nz, nz
The court's business is not confined to 10 to 4 with an hour for lunch. Judges and court staff have to deal with mountains of paperwork in addition to listed hearings. It is like suggesting teachers only work when the classroom is occupied and that preparation and marking does itself.
Peter, Birmingham, UK
Typical isn't it eh ???
The greedy banks etc will always lend you enough to get into trouble,but never enough to get out. They should be keelhauled for this horrendous mess,not given preferential treatment by the courts (govt).
keith rogers, BURY ST. EDMUNDS, uk
Why don't the courts remain open until 5pm to deal with these cases. I was recently involved in a civil case and found it astonishing that nothing happens until 10am then after a long lunch break everybody goes home at 4pm! It is all too slack.
James Gavin, Chester, England
Put the courts on shifts like any other organisation would. There is enough labour around to do so.
Dave Madley, Alicante, Spain
Great innit??
The banks cause the credit crash then, victimise the innocent borrowers who they have landed in trouble and now need their help. A brilliant capitalist system.
I don't hear any politicians making noises about it, just too busy sorting out their own expense gravy train.
Dave Madley, Alicante, Spain
I am an Estate Agent , it is true to say that the level of repossesions in my area have increased , according to my figures 70 % of the repossessions we are asked to attend are cancelled normally on the day . A lot less than during my firms last slump in 1992
james , Essex,
God help uk I can see two headlines on this page
1 How to cut your inheritance tax
2 Repossessions orders up 24%
Do we still need this Goverment?
dipak raval, leicester, uk
What never ceases to concern me in this Country is how they bleat that the Court's are independent, yet the Courts give preference to the "monied" people, i.e. the rich people in preference to everyone else. Why too are Foreign utility companies allowed to use Magistrates Courts to collect debts ?
John, woking, surrey
They are not, I believe, "repossession orders" the lender has never had possession. They are "possession orders".
David, Southampton, UK
What could be less urgent than pandering to the whims of HBUST and the rest? They got themselves into this mess and now seem to have the influence to have courts jumping through hoops for them. The 'eight weeks' rule should be scrapped and the banks made to stand in line.
eric campbell, harrogate, uk