Monday, 30 June 2008

Are subprime solicitors very stupid?

Every Monday morning I help run our CABx Court Desk scheme.

Every week I seem to have a mortgage possession case in which there is plenty of equity in the property that involves me making an offer of repayment that would clear the arrears in about 3 to 5 years where on average there is about 20 odd years remaining on the term as the defendant would prefer to clear them much sooner than the whole of the term.

However every week having put this reasonable offer to the claimant's representative the rep will call the claimant's Legal Department and some cretin will say the offer is unacceptable as they want the arrears cleared in a year or two. WHY! WHY! WHY do they do this? Have they never ever heard of Cheltenham and Gloucester Building Society v Norgan [1996]. Are they just being deliberately obnoxious and / or stupid or am I missing something?

I've never ever seen a Judge agree with the claimant in respect to the repayment of the arrears so why do claimant's solicitors persist?

1 comment:

Ethan said...

...because they are idiots, and I think it is a natural reaction to any question a tenant solicitor gets to say "no"...

...Are we just being cynical?? lol