Abbey National Mortgage and how to value claim

[BazzaS]

Excuse my ignorance of detail of law regarding mortgages, but I don’t know why the Ombudsman is wrong.

Since they’ve set out their reasoning (as to why MCOB and not CCA applies), on what basis is this wrong?, and since it is a provisional reply, can you point this out to the Ombudsman?

 

If you do go to court the mortgage company may highlight the Ombudsman’s reply over this, so you are going to have to be able to show why this approach is incorrect to either or both of the Ombudsman and the court.

[BazzaS]

You can request a SAR (for “all documents” relating personally to you) leaving aside the prospect of the claim.

Once into the claims process disclosure (and the degree to which it happens) is determined by the court, and would usually be dealt with at the “directions” stage once the case has been “allocated” to a “track” : This is because the disclosure process is different in the small claims track.

 

CPR 31 deals with disclosure.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31#31.10

“standard disclosure” is likely to apply, except for in the small claims track (where the majority of CPR31 doesn’t apply, as stated in CPR 31.1(2) )

Edited August 16, 2023 by BazzaS