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AHIPP decides against legal challenge

26 May 2010
Written by rosalind renshaw

The Association of Home Information Pack Providers has decided not to mount a legal challenge to the suspension of HIPs.

Government lawyers  responded to AHIPP’s lawyers in respect of the grounds for a legal challenge and robustly rejected them.

AHIPP director general Mike Ockenden told his members: "This does not mean that the grounds claimed do not have merit, but it does signal that the Government have taken detailed legal opinion before satisfying themselves on the basis for laying the suspension order."

He said that any legal challenge would be strongly contested and the outcome not certain. The action could also be extremely expensive.  Even if it succeeded, the Government would "take an aggressive path" to laying an amendment that would have the same result as the suspension.

Furthermore, a successful outcome would plunge the market back in turmoil, and there would be extensive non-compliance. "Perversely, those agents complying would be at a considerable disadvantage to those not complying. This would be like to affect the corporate agents in particular – and some of these are AHIPP members," Ockenden advised in his email.

He went on: "Taking all this into account I cannot recommend that AHIPP enter into a legal challenge, particularly when it is impossible to accurately assess the cost of such an exercise. Many members have indicated that they would not support any action and indeed in some cases they would strongly oppose it."


 

Comments

  • icon

    So as I think EAT reported a while back, AHIPP is broke and in respect of a legal challenge, Mike turned out to be full of...himself.

    So in the history of AHIPP, thankfully about to draw to a close, Mike threatened to sue just about everyone but actually ended up suing...er, noone.

    There's a word for people like that.

    Perhaps those considering aligning themselves with his next ego trip will take note.

    Nothing personal, Mike. You were fine in a back office capacity I'm sure. And Ashley hardly did you any favours did he? Still, you live and learn.

    • 26 May 2010 18:49 PM
  • icon

    Sorry for those who lost their jobs. Nevertheless, much of the HIPs industry was ROTTEN

    I endured a succession of Providers all telling me we could flog their packs for as much as we could get away with and keep the difference - "Not bad for a phone Call"

    The poor vendor would be footing the bill for this secret commission - non the wiser.

    When I challenged a provider, he simply said "Its up to you - but is easy money"

    Good riddance.

    • 26 May 2010 16:05 PM
  • icon

    the world is full of "ifs" the concept of HIPs was a good one; however it came in; in a mess and left in a mess; if things had been handled better they may have worked! the fallout is all those people that took a challenge and tried to make it work. The cost of searches went down with HIPs, no idea where the media get the price of a HIP at £500+, but you can be sure that now in the hands of solicitors give it 6 months and the media will be saying that the public are now paying more than ever. My main comment is - we should never trust a politician; Grant promised the industry a consultation, he lied. He still has a job; but for how long; what goes around comes around.

    • 26 May 2010 15:45 PM
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    "Perversely, those agents complying would be at a considerable disadvantage to those not complying." Clearly, Mike Ockenden has no faith whatsoever in the ability of HIPs to succeed in a free market on their own merits! What a pitiful end to the whole sorry saga.

    • 26 May 2010 09:48 AM
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