Natwest breach Injunction

[whizzkid001]

Ok, make this shortish.....they sent a barrister against lil ol me (no surprise there). She made it clear in a chat prior to the hearing that they would NOT wipe out the debt we owe nor pay any compensation/damages......

 

Inside, as I expected, she completely deflected the issue of their breach at every turn (& succeeded), instead making the issue being trying to get us to agree to a Tomlin order today re the money we owe them.

 

Unfortunately, turns out the judge too seemed to want some sort of closure on this (4th hearing already) and in doing so, seemed not to want to do anything re penalising their breach, or even hear our reasons for disputing the facts in their Witness Statement!!

 

So, to cut a long story short, it was a victory, but a hollow one - we got what we always sought, but they got off scott free....

 

The upshot is that we DID agree to a new Tomlin Order, which effectively gives us everything we had wanted since the start of this, and conversely they too are bound not to default us or disclose any credit info to the CRA's.

 

There is more I wish I could say presently, but let's just say this is only round 1!

[Joa]

OK, it looks like we've had few incidents where judiciary seems not be too bothered by breaches and slipages of the big financial firms...the sharks are still getting off way too easy...what can be done about that..

 

 

Nevertheless; good show, whizz, you must have been sweating adrenaline. well done!

[demon_x_slash]

Aw, well, at least you can dream about NW directors meeting Mr Big and Mr Fluffy - they can't take those! Seriously though, you got what you mainly went there for, right?

[ladybird17]

if you got what you went there for - then it was a victory - not SO hollow. I would progress from your cuppa to something a little bit stronger, if that takes your fancy, - relax over the weekend, try & put it to the back of your mind and revisit next week if you feel like it. I think you done GREAT!! More power to people like you who stand up to the big guys, and stand up for your principles.

[TANZARELLI]

Well done anyway whizz at least you made them spend some dosh putting in the firm (legals) and got what you went for at start.

[whizzkid001]

There will be further very important updates on this matter in the very near future. At this moment in time, I am unable to divulge what

[JonCris]

Bump

[Sparkie1723]

hey whizz,

what you got remember it must have cost the Nat West in the region of 10K in legal fees so they paid a bit didnt they ?....Whoopeeeeeeeeeeeeee.

 

I,m fighting RBOS (same firm really) ( Cobbetts of course)and so far their estimate in legal fees is £7,800 and it hasnt got to court yet!!!!!

 

sparkie 1723

[darling1]

Did you have to pay any costs? - was this a small claims case??

I was suprised when I was taken to the small claim court last year tht the Judge didn't really care two hoots about the rights and wrongs of the case, Just kept refering to a contract that I had never signed and saying I should have known about it (?) as I had signed a different statement on the back - regarding a different subject!! - I lost and had to pay the costs.

I think some judges just cant be bothered with justice - just the law.......as they interperate it.

 

So well done wizkid - at least you won...still awaiting the next installment

[JonCris]

darling Hi

are you saying that they didn't have a properly executed

agreement (signed etc:) yet the court still found against you.........Can you explain a little more?

[darling1]

sp

[pmhcfc]

There will be further very important updates on this matter in the very near future. At this moment in time, I am unable to divulge what

 

subscribing -- well done whizz btw--VERY well done

[gaz2006]

S10 & N255 Can you please tell me where I can see details on what these are and give me some details how you managed to do this ? Regards Gary

[fbnts]

Subscribing and watching with interest

 

Tom

[crusty git]

subscribing

 

John

[xfox]

I have an injunction in place which stops NatWest from recording or relaying to any 3rd party,

 

How did you obtain the injunction in the first place?

 

Was it just a case of filling out the N1 form?

[whizzkid001]

An injunction is not given very lightly by the courts, by it's very nature, any type of injunction is serious and almost only given as the last resort, where clear harm can be shown to be caused if not granted, and when all other avenues are exhausted (except of course in emergency cases of physical harm etc)

 

In my case, the bank had not only failed to comply with a number of statutory duties and obligations over 6 months, but our circumstances - in being in the middle of a house/mortgage move - were also crucial in persuading the judge to grant it.

 

For a lot of you, this won't be the case and I would suspect going for an injunction would be either premature or inappropriate and indeed unsuccessful - at least not until every avenue (and there are a number) has been explored and are exhausted, and your particular circumstances warrant the granting of an injunction.

[xfox]

My case is very serious, so please tell me how you obtained the injunction in the first place? Was it just a case of filling out the N1 form?

[whizzkid001]

I don't doubt it, but as I said above, there is no point in explaining my own circumstances & how I obtained the injunction because it simply won't apply in your case, or anyone else's for that matter, and cannot be used as a sort of template!! I can tell you the form is on N255, not N1.

[xfox]

I don't doubt it, but as I said above, there is no point in explaining my own circumstances & how I obtained the injunction because it simply won't apply in your case, or anyone else's for that matter, and cannot be used as a sort of template!! I can tell you the form is on N255, not N1.

 

I have the same problem as you but much worse. maybe 3 of my hsbc accounts will be closed and i'll get a default for each if u don't tell me.

 

can u jusgt tell us how you did it and let me decide if it's relevant to my case.

 

thanks

[whizzkid001]

Listen, feel free to take my advice or not - you are extremely unlikely to get an injunction firstly against account closure/s (not least because they have every right to give you 30 days notice of closure), to my knowledge noone has yet successfully even undertaken or succeeded down this road. Complain to the Ombudsman and let them be fined if they close it as a retalitory measure, fine - but that's vastly different from asking a judge to prevent them doing so, or doing so just to avoid default action!

 

As far as I'm also aware, I am the only 1 who has successfully been granted an injunction to stop a bank from passing specific Default information, due not only to a number of specific DPA failures by the bank over a 6 month period of time, but then also to a number of very extreme circumstances (moving house and mortgage being only the main one) and at the end of the day I was fortunate to get a very sympathetic judge - most I suspect may not have done.

 

Don't let me dissuade you from trying if you want to, but your circumstances are wholly different from mine, I cannot 'tell you how I did it' because it simply wouldn't help you - you can't just adapt my circumstances to yours and hope it will work.

 

I suggest if you're determined to go down this route, speak to a mod who may be able to advise you more generally and to your case specific.

[xfox]

Well it all sounds a bit fishy to me. I don't know what the big secret is.

[isidore]

your circumstances are wholly different from mine, I cannot 'tell you how I did it' because it simply wouldn't help you - you can't just adapt my circumstances to yours and hope it will work.

 

Three times he's told you why?

[ladybird17]

xfox - you are looking at this from the wrong perspective - whizzkid is doing you a favour and trying to help you! You cannot possibly interchange one case for another. There is loads of advice in the FAQ's and the library/templates etc. It's a self-help site - why are you expecting someone else to tell you exactly what to do? Whizzkid is absolutely right, nothing "fishy" about it whatsoever.

[JonCris]

Sorry to get involved on this but I feel I must say something

 

Whizz may have 'told' him but I don't agree.

 

Of course xfox can adapt whizz's circumstances to suit. We amend cut & paste POC including draft orders all of the time.

 

Also Its clear xfox has circumstances in which account closure could cause him grave harm (xfox is the best judge of that not us) & if that be the case the court just 'might' depending on how well he pleads grant a temp injunction.

 

It's his dime so let him find out lets not prejudge what a judge might or might not do. Members on this site should know better

 

As for interchanging one case for another not being possible........as I have already stated we do cut & paste all the time.

 

It's clear to me, at least, that xfox lacks confidence & just wants help in preparing his N255 application

 

This site is about helping one another so tell him what he wants to know (by pm if necessary) & let him decide