Scottish Government already acting to see off repossessions

Labour and LibDem politicians have forgotten their own legislation on repossessions in light of their calls for Scotland to follow Gordon Brown's suggestion for south of the border says SNP MSP Bob Doris – a member of the Scottish Parliament's Communities and Local Government Committee.

In 2001 the Labour/LibDem Executive passed the Mortgage Rights Act which gives Scottish home owners the right under Scots Law to ask the Sheriff to give them time to pay off arrears or to find somewhere else to stay.

Commenting Mr Doris said: "Labour and LibDem politicians appear to have forgotten their very own legislation which gives home owners protection in law from a repossession order being swiftly passed against them.

"It is particularly embarrassing for Cathy Jamieson who was the Justice Minister in the last Executive. She should also know that pre-trial protocols do not exist north of the border.

"Under the Act a Sheriff can take account of the owner's circumstances and the action taken by the lender and, in the current circumstances, I would expect a Sheriff to exercise that discretion. Last night Mike Daly, head of the Govan Law Centre, described the Act as a 'fantastically powerful piece of legislation'.

"However one of the most important issues that faces us in these current times is ensuring homeowners do not get to the stage where the lender attempts to take forward a repossession order.

"The Scottish Government has programmes in place to help people experiencing mortgage difficulties including the £25 million Home Owner Support Fund to allow home owners in financial difficulties to retain ownership of their house.

"And plans are already in process for a publicity campaign urging people in financial difficulties to seek advice as soon as possible through the Citizen's Advice Bureaux and Debtline."