Duty of Care

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Can anyone tel me if there is any act which states that B/S have a duty of care in the selling of repo properties. Thanx in advance.

-- Adam (adam.frost@hotmail.com), January 29, 2003

Answers

Hello Adam,

Under the terms of the B.Soc Act 1986 the B.Socs had a LEGAL obligation to obtain the best price reasonably available.(In your public library have a look at this act - Sale of repossessed land/properties, Schedule 4.)

To the best of my knowledge there is now no longer any LEGAL obligation - that schedule appears to have been repealed ! Apparently the moral and legal responsiblity of the B.Socs has been shunted sideways under the 'umbrella' of the Council of Mortgage Lenders. It is now what I personally consider to be a diluted requirement of 'a duty of care'. (Since 1997 I believe.)

If the Societies always obtained the 'best price',(and who so loudly protest their 'innocence' when challenged), why repeal that schedule? What was so wrong with having a LEGAL requirement if they were complying with it? What did they fear?

This is a question I raised many months ago and I believe that Mark Amos included it in his letter to the Treasury Minister. The answer should be interesting - if the lady concerned deigns to answer. I'm not familiar with your case Adam - so I hope my info. will be of help to you. My advice to you is to uncover every bit of evidence that you can. Please e-mail me if you wish, if I can be of further help, I will gladly oblige.

Good hunting, Joy.

-- Joy Harker (admin@harker.go-plus.net), January 29, 2003.


Apparently they are still underselling. A friend of mine at work has just told me he has managed to get a flat for his daughter at 7,000 less than market value as it is a repo!! Although this is not as big a gap as the 40,000 less they sold my fiance's flat for back in 1992 I still find it disgusting behaviour.

-- Chris (chris@anon.co.uk), January 30, 2003.

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