They must be sat twiddling their thumbs in the office at this quiet time

The interest is probably added in arrears at the end of the month and the ppi will accrue on any outstanding balance. You can certainly claim the charges and maybe the PPI if it was mis-sold.

Hi Jambo, If you pay off the debts your credit file will be upadated as settled but the default remains for 6 yrs. You can apply to have a notice put on explaining any default. I fthe defaults are over 3 years most companies ignore them. All the best Zoot

Hi Trasi, Was this a loan or a credit card?

I've moved your thread to the PPI forum so that you can get some more specialist help.

Hi Taiki, Welcome to the site. As the loan was over £25,000 it is not covered by the CCA but continue with the SAR. Best of luck and keep us updated. Zoot

The time for determining the market price is at the time the goods ought to have been delivered. So if you specified the earlier prices you can not now change that price.

I think you should be cautious in submitting the £7K claim until there is more certainty from the test case as this would be fast track and therefore exposing you to costs risks. With regards to the other 2 they are likely to be stayed but the costs risks aren't so great. Although you could lose your court fee should the test case go against us which hopefully isn't too likely.

It looks like Abbey's behind with its paper work and the hearing is a stay hearing. The court will notify you if there is any change to the hearing date, but you might want to phone and check if you want to make sure.

What was the date of the letter? I would imagine that the hearing is for the stay because it refers to it being an application hearing rather than just a hearing.

Act of Sederunt (Summary Cause Rules) 2002

Have they actually made you an offer since the test case?

http://www.scotcourts.gov.uk/sheriff/small_claims/forms/sederunt_small_claims_2002.pdf

Civil Evidence (Scotland) Act 1988 (c. 32)

More or less. You just need to change some of the wording to make it apply to a mortgage rather than bank eg rather than 'banking history' simply put 'account history'. The SAR does not specify any time so it should cover you for 12 years although you may want to adapt it slightly if you want it to be more specific.

Thanks for pointing that out SKB I had overlooked that point. Still theres no harm in writing and asking for a change in policy even if it isn't covered by the Act. You never know Next may be gracious enough to comply. A greater choice for the consumer has got to be a good thing

Excellent result. Really pleased for you!!!

If your claim is thrown out you can ask for nothing! If you mean if your claim in lifting a stay is unsuccessful can you add another claim to prevent charges then you could either ask for it to be given under the judges powers of discretion to award an order to that the claim be stayed under certain conditions or you can add a claim for an injunction in the alternative to the stay. Rectification generally requires consent of both parties. Lol how did you calculate £3M? If you are the claimant it is up to you prove your losses not the bank.

If the court has made an order for them to stop applying charges there is no need for any further action. Rescission of a contract is an equitable remedy which puts the parties back in their pre-contractual position which is not possible with regards to contracts of service

Yes

No thats correct you don't add the 8% before court but the other interest you can add to your prelim & LBA.

Did you make an application, if not then Abbet will have. They should have notified you of this. Its likely to be an application for a request for a stay buts its worth phoning Abbey to check. If its a stay hearing you will find all the information you need to prepare in the stickies in this forum although its unlikely that the case will not be stayed. Best wishes Zoot

Hi SweetRevenge, I see you are getting help on the other thread now In answer to the question in this thread the hazaerd arises if they offer your claim plus 8% and you refuse there is a possibility that you could have costs awarded against you for not accepting a reasonable offer. If you accept the lower sum this removes the risk but is perhaps disappointing.

Thats interesting to know. Another way for them to get money out of people for nothing. Good for you in getting the money back!

Congratulations!!!!!!! :D Thanks for the donation. Enjoy your payout