Briefing on the Home Owner and Debtor Protection (Scotland) Bill, Stage 1 Debate

Shelter Scotland strongly supports the intention behind the Bill: to provide additional protection for struggling home owners.

There is a compelling case for the Bill. Despite a downward revision in forecasted repossessions at a UK level to 48,000, this figure is still three times as many as the 17,000 repossessions as recently as 2006, and more than six times higher than the 2003 figure of 7,630.

The foundation of the Bill is section 4 (pre-action requirements), which should act to ensure that every possible alternative to repossession is considered by the lender before court action is taken.

With or without the current recession there is still a strong case for the Bill. The Mortgage Rights Act 2001 has not proved as effective as it could be.