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CML: New possessions guidance applies across the UK

5 November, 2008

We have re-assured the secretary of state for Scotland, Jim Murphy, that our recent guidance to members – reinforcing the use of possession only as a last resort for home-owners in difficulty – applies across the whole of the UK.

We met the minister last week after concerns were expressed that the new pre-action protocol affecting the use of courts to seek possession in England and Wales did not apply in Scotland. We re-assured him that we were happy to work towards developing a pre-action protocol for Scotland if that is what the Scottish government wants.

After we met him last week, Mr Murphy described the discussions as “constructive.” He continued: “The CML assured me that the guidance they issued recently applied throughout the UK and that lenders aim to treat their customers fairly and exhaust all alternatives before considering re-possession.

“I was re-assured to hear that if it is considered appropriate to have a pre-action protocol in Scotland, the CML and its members would be more than willing to work together to achieve that.”


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