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Repossessions swamp free lawyers

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  • Repossessions swamp free lawyers

    More people are facing repossession of their homes

    Homeowners threatened with repossession are being denied free legal advice because lawyers who provide it are being swamped, says a charity.
    Transact, which promotes effective money management, blames the credit crunch for the soaring number of cases.
    Research suggests that repossession is more likely if homeowners fail to get proper legal advice.
    The charity is calling for more expert help for people in court facing the loss of their homes.
    Increased repossessions
    Last month, the Ministry of Justice said that the number of orders made by the courts in England and Wales at an early stage of the repossession process increased by 17% in the first quarter of 2008.
    There were 27,530 orders made, up from 23,438 in the same period of 2007.
    Nazma Latif, duty scheme co-ordinator for Sheffield Law Centre, said: "The court [in this city] used to hold a session devoted to possession hearings once every three weeks, now they hold one every week.
    "Where we would help two or three clients every session, we now help five or six."

    Where we would help two or three clients every session, we now help five or six


    Nazma Latif,
    Sheffield Law Centre

    Because of the rising number of repossession orders, experts say there is now less chance of getting the help of lawyers and advisors who act for those who find it difficult to get legal aid or cannot afford a solicitor.
    The government estimates that, in 85% of cases where a homeowner has legal representation in court, they avoid immediate repossession.
    Steve Lewis from the Isle of Wight was taken to court in March this year after missing four of his monthly mortgage payments after losing his job.
    He told BBC's Radio Five Live: "When you are in front of a judge who' is making huge decisions about your life and up against the lender's barrister who knows all the legal language you feel like a 10-year-old.
    "I had no idea you could do things like ask for the interest on a debt to be suspended or make an offer of a minimum payment." Mr Lewis's case was taken up by the Isle of Wight Law Centre and he was able to come to an affordable agreement with his lender about how much to pay every month.

    Homeowners are finding it difficult to meet mortgage repayments

    Vulnerable clients
    Anthea Puran from advice centre Law for All said homeowners who are unable to get proper legal help are vulnerable.
    She said: "Lenders' agents can be quite bullying, and sometimes their legal representatives approach defendants on the day of the hearing and try to persuade them to agree to a repayment schedule with high monthly repayments they will not be able to afford."
    The Council of Mortgage Lenders - who represent firms that lend money to homeowners - say its members have to abide by a code of conduct.
    But they say that, as house prices fall, so negative equity becomes more likely.
    The Council says it is "in everyone's interest" to repossess as quickly as possible if there is no prospect of the lender paying off the arrears.

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