Govan Law Centre

Abbey National v. Briggs

One of the first 'section 2' orders under the Mortgage Rights (Scotland) Act 2001, has been granted by Sheriff Kenneth Mitchell at Glasgow Sheriff Court.  The order was granted after a full day of evidence and legal submissions on 18 and 20 June 2002.  The defender had asked the court to: 'Grant an order in terms of section 2 of the Mortgage Rights (Scotland) Act 2001 to continue the cause for six months to allow the payment of mortgage arrears to be made at the rate of £6 per fortnight and for payment of the defender's monthly mortgage payment with effect from 28 August 2002 and to suspend the pursuer's rights of enforcement of the standard security which arose on default for twelve months from the date of the order'.  This crave, amended during the course of legal submission, was granted by Sheriff Mitchell at Glasgow Sheriff Court on 20 June 2002. The defender had been in receipt of benefits since late last year year, but had to wait 39 weeks in terms of social security law before getting help with his mortgage interest payments. This meant mortgage interest could not be paid until 28 August 2002.  The defender could only afford £3 per week to mortgage arrears; which would clear arrears in 12 years. Evidence was led from the defender, his GP, and Ms Ailie Doyle, manager of Shelter Scotland's Glasgow Housing Aid Centre (on the prospects of securing accommodation in Glasgow in the event of repossession and homelessness).  No evidence was led for the pursuer. After the close of evidence, solicitors for Abbey National PLC said they would consent to the order if the defender would pay £9 per week to mortgage arrears, together with mortgage interest from 28 August.  This was resisted by the defender upon the basis he could not realistically afford more than £3 per week. The court agreed that £3 per week to arrears was reasonable in all the circumstances of the case. The question of expenses was reserved; the case continued for 6 months; and the creditor's enforcement rights under standard security default were suspended for one year. Act: Baat, Mitchells Roberton for Aberdein Considine Solicitors Alt: Dailly, Govan Law Centre