Abbey National Mortgage and how to value claim

[Andyorch]

Not sure if you already have the following may be of interest :-

 

https://goughsq.co.uk/wp-content/uploads/2020/02/PLC-Jan-20.pdf

 

Andy

[Andyorch]

Following with interest Mary despite the lack of responses from users 

[Andyorch]

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Also Court fee : I've paid approx £34k , thats what i want back. If i want it back with 8% simple interest do i need to calculate that Number of days yes the court calculates up until judgment, maybe £80 K and also if i wanted  damages that would be £34k at 8% compound that could come to £120k? I'd imagine it would need an Actuary to calculate it.

 Compound Restitutionary Damages would have to be included in the amount fee and equated in the particulars but not the interest amount as that is at the discretion of the court.

[Andyorch]

Section 69 interest @ 8% is not included in any claim total but stated within the particulars of claim and requested on the net amount claimed.

Therefore it has no affect on the fee for the net amount claimed (capital only)

 

Once you opt for interest on MCOL it will automatically calculate from the date you state in your particular's (start) up until the day of judgment the amount is then added tot he judgment amount.

[Andyorch]

Particulars are a bit sparse perhaps a further para relating to why you are quoting the relevant legislation. Costs are later in the process.

[Andyorch]

Not sure if you have read the following 2.10 onwards.

 

Quote

Mortgage lending is no longer regulated by the Consumer Credit Act (CCA) 1974. Agreements that were CCA regulated at the point of execution retain some of the provisions of the Act.22 Mar 2021

https://www.fca.org.uk/publication/corporate/review-of-retained-provisions-of-the-consumer-credit-act-final-report.pdf

[Andyorch]

2 hours ago, marylikes said:

The case is we don't have any agreement, neither an original nor a modyfied one.

And as the agreement was modified from a Regulated to unregulated they cant use a reconstituted version for either.