MoneySavingExpert.com homepage
Cutting your costs, fighting your corner
Founder, Martin Lewis · Editor-in-Chief, Marcus Herbert
Search bar closed.
MSE News

Repossession protection plan announced by Government

for_sale
Guy Anker
Guy Anker
Deputy Editor & Head of Operations
5 February 2010

The Ministry of Justice has announced plans that could prevent you losing your home if you fall behind on credit card or loan payments.

A minimum level of debt would be required before a judge could order the sale of your property to repay an 'unsecured' debt under the proposal, which is up for consultation.

Unlike a secured liability, such as a mortgage, this is a debt where your home is not used as security for the lender if you fail to repay (see the Mortgage Arrears and Redundancy guides).

But the law currently allows a lender to force you, in extreme cases, to sell your home to clear the balance if you're behind on payments, by applying a 'charging order' against the property.

This is a topic MoneySavingExpert.com has campaigned on. In our '50-word' Consumer Manifesto submitted to the three main political parties we call on a ban on lenders forcing you to sell your home if you're behind on an unsecured debt.

Justice Minister Bridget Prentice says: "We know that only a small proportion of charging orders result in the property being sold.

"But it's important the Government considers whether there is a risk the numbers will increase due to the current economic situation, and whether this could result in more people losing their homes because of relatively low levels of debt."

A consultation, which closes on 30 April, asks whether a minimum level of consumer credit debt should be set in law before an order for sale can be issued.

Further reading/Key links

Prevent repossession: Debt Help, Mortgage Arrears Help Cut costs : Cheap Mortgage Finding, Balance Transfer Credit Cards

MSE Forum

Repossession protection plan

Forum image
MSE Email icon 26 November 2024

For all the latest deals, guides and loopholes simply sign up today - it’s spam free!

Cheap telecoms deals
Broadband, Sims & mobiles
Longest definite 0% debt shift
29 months
Martin: Aged 66+ and ill/disabled?
See if you're due £3,800 a year
Free letters from Santa
See full info
Fix energy at 9%
LESS than new Price Cap
Energy standing charges cut?
Read Martin's new blog
The Scams Epidemic
Martin's podcast special
Tools and calculators

Clever ways to calculate your finances

Find your odds of getting top cards
Find your odds for getting a cheap loan
Compare broadband, phone & TV deals
Compares thousands of mortgages
Eight calcs to help you work out the cost
We ensure you’re on the cheapest tariff