Natwest breach Injunction

[whizzkid001]

I have an injunction in place which stops NatWest from recording or relaying to any 3rd party, any credit information relating to 2 accounts with them. Yesterday, they blatantly breached the continuing order by registering 2 Defaults on my credit file!

 

As such, I have already sent an urgent letter to the court to inform them that they have breached the Order & fully expect they will ultimately be bought to account for the clear contempt of court.

 

However, we have literally just accepted an offer for the sale of our house, both parties want a very quick exchange of contracts. The defaults will obviously make it near-impossible now to take out a new mortgage, and worst-case-scenario, could lead to the sale falling through & our being unable to move! Given this situation, would I be justified asking the court - and would I likely be awarded - any costs/losses/expenses incurred as a result of their breach, perhaps even compensation for the distress caused?

[Guest NATTIE]

now this is interesting because breach of injunction will lead to damages if house sale does not go through. How did you get the injunction?

[whizzkid001]

The Injunction was applied for last November, after they first threatened to default our accounts - having already failed to respond to a s10 Notice to desist from processing personal data. The hearing has been adjourned twice since then, the next hearing is in mid-February but in between each hearing, the court has continued the original order that they are NOT to process any data to any 3rd party. This they have now done & are in clear breach of a continuing court order & now I guess subject to contempt of court!

[Guest NATTIE]

this will be interesting, can you PM bankfodder as I am sure he will be interested in this one

[c_allen]

this will be interesting, can you PM bankfodder as I am sure he will be interested in this one

 

as will we all i'm sure

[BankFodder]

I have pm'd you.

Thhis is a very serious thing for them to do and I suggest that we talk.

 

I think that you should download, complete and file an N255 first thing on Monday at the court office.

 

I think that also a complaint to the IC should be made.

I think that your application should ask for enforcement action to be taken and also for the injucntion to be extended to the credit reference agencies not to disclose the information to any third party.

 

I can imagine that the CRAs will be very annoyed with the NatWest with this.

 

Respond to my pm as soon as you can.

[Glenn UK]

I know some people who wil be interested in this Marc, if you want me to drop them a line let me know.

 

Glenn

 

PS I would have dropped you a pm but I cant right now.

[thecornflake]

I would say you would definitley have a strong case to claim if you can't get a new mortgage as a direct result of the default(s), bu tI'll leave it up to the ore knowledgeable people who seem to already be looking at it for you.

 

I'd be very interested in how you got the injunction, as I presume normally you can't sotp them from putting information on your credit file. Could you elaborate what a s10 notice is and the basics of how you did it?

[whizzkid001]

Should have some news by Monday concerning the breach, I suspect it may be quite explosive - watch this space!

[JonCris]

whizz this is appalling but not surprising

 

They obviously think that because they are faceless employees they don't have to worry about the law. I suspect someone at Nat West will be ordered to attend the court to explain their breach........should be fun to watch.........Make sure you have a name to give to the judge

 

Also depending on what happens with your house you would appear to have a very good claim for damages particulary if it falls through because you are unable to buy another or have to use an expensive sub prime lender to obtain a mortgage.

 

The banks seem to be losing it. We have a DJ threatening to issue an arrest warrant. Baillifs going into a busy London branch & removing goods & now a bank ignoring a court order an act whether by mistake or not which might have caused you a lot of problems

[Black Rat]

Just subbing in to a fascinating post

[JonCris]

bumpty bump, bumpty bump, bumpty bump bump bump.

[Guest peed orf]

Are you going after the Director/s as it's supposed to be his/her responsability to see that everything's done legally, above board and proper?

[itsamomentintime]

I think that you should download, complete and file an N255 first thing on Monday at the court office.

 

 

what is an N255, and why file one at court, anyone?

[whizzkid001]

Ok, ex parte application ready for court in the morning. The fuse has been lit........!

[Spiceskull]

Whizz - when you texted the other night I wasn't quite sure what you meant...that NatWest have done this is irresponsible in the extreme. Not quite sure of the nature of the injunction (clearly this a two-way confidentiality issue) but as BF says, you really have to get an injunction on all parties, not just NW, ASAP...

 

If you want a court buddy (again!) then give me a shout...

[JonCris]

Great can't wait Will be watching the news for a big white van with little windows leaving the court with at least 1 passenger

[whizzkid001]

And it WON'T be me....lol

[Spiceskull]

Hope it all works out today...

[petrafyde]

Good luck! About time they got their just desserts, per se.

[whizzkid001]

Saw the judge this morning who was NOT amused! He has bought forward our case from 3 weeks to next week, where they will now have to explain to the court - and us - why they breached the order. s10 Notices have all now duly been sent to the CRA's, informing them that they too are now in breach of the injunction. Their barristers will have just received from me the most indignant (for want of a better word) email regarding their bank's action. I think, to quote the saying, 'The sh*t has hit the fan'!! Watch this space !!

[Spiceskull]

Ooooohhh goody! I love a good spat. You go in there and kick them whilst they are down...

[Mindzai]

You go in there and kick them whilst they are down

 

Damn right, give em one from me too.

[CrispDust]

Jeez who needs Big Brother when there is this much excitement intrigue and downright dastardly shinanigans by the banks.

Perhaps we could sell the idea to Channel 4 for lots of dosh?

[demon_x_slash]

I hope it gets press coverage when it blows up in NatWest's face...

 

Yeah, Crisp, lock all the bank MDs into a great big glass aquarium, starve 'em for a few days, then watch them fight over a thrown-in packet of out-of-date Monster Munch