I would be one of the 50,000 Brendan and I need to keep our home, Im not suggesting that the way it was done then in the UK is right for the times now.
After that first experience I worked for a loan company in the UK and trained in their legal department, going on to represent them in court hearings on unsecured debt only, not mortgages. All cases were done in the same way behind closed doors. Did every one attend during the 4 yr period I worked there, yes. I do not recall a case with none attendance. We were trained to always keep communication open and not disrespect the defendant.
Going into open court does have a serious effect, it can seem dikensian being far closer to those old debters prisons than the 21st century. People who are struggling with their only asset , their home, are not criminals and the issue should never be compared to the criminal court in any way. Whilst I do not want to be there at the same time I find the court system fascinating perhaps from my previous training.
I have attended twice and seen barristers or solicitors, not too sure, stand up and not have the answers for the registrar, confuse their paperwork as are up and down all morning with different cases. From just observation it seems there is no standard guidlines to follow it is all very confusing. Looking around the court I saw an elderly couple holding hands clearly mortified at sitting there, I saw a young woman alone who was on the verge of tears after I had stood up to state my case and worried I had in some way made it worse for her. Their was a guard their presumably because their were protesters on the steps outside.
I would feel that their should be some sort of last resort or even first step of the court system mediation in a private room, cut out all the complication and have bank official, home owner and maybe court official/mediator. work out a plan that MUST be followed protect the home owner from the banks DO IT OUR WAY aproach, assess everything and then have it followed up in writing and even stamped by the court as a final option.
Thereby everyone truly knows where they stand and then if default occurs the home owner will go into the court system and risk repossesion.
Out of the 87 cases listed the day I attended in January presumably some may be able to be sorted out with a mediation system if that was available and not ever have to attend court unless they default.