Injunction advice

[jpf104]

Hi all need a bit of info on the process of getting an injunction. Here's the story:

 

Back in 2000 my wife and I took out a joint loan from NatWest for about 10K. in 2003 my life went Ti*s up and were defaulted etc etc. Various DCA's chased both of us. Started paying nominal amounts for the last few years.

In January 08 I decided to cca them (along with everybody else!). And hey presto they wrote to me in feb stating 'As a business decision we have closed the account and will not be pursuing the matter further' no copies of documents not even an attempt to argue their case, no usual bull - nothing.

 

However the letter was addressed to me only. I wrote to them requesting that they re issue their letter with both our names on it and return my £1 cca fee.

I have subsequently written to them on 3 occassions chasing my request up, but to date they haven't responded.

 

After some thought I'm considering an application for an injuction to:

Prevent them from pursuing the matter against my wife, or indeed mtself in the future.

 

I think I need some input as to what my options on this could be.

Edited May 22, 2008 by jpf104

[citizenB]

Hi, I have absolutely no idea what you should be doing regards this. Just bumping your thread to take it to the top of the list

[majik]

Hi firstly i will state that im not legally trained but feel i mite be able to help.

 

I would do nothing to be honest, keep all your paper work etc and wait, if they choose to start procedding against you then send them back a copy of they letter they have sent you stating that they have closed the account etc and will not chase further.

 

If they attempt to chase your wife for payment again send back a copy of the letter you have and state that you believe the account is closed as per enclosed letter etc, if they then reply stating that its only closed in your name you should send them a letter back stating that you believe they are breaching the "Treating Customers Fairly Act" (i think its a FSA act but not 100%) and that should they continue to chase you/your wife for payment you will pass this case onto the FOS to look into.

 

I know it sounds silly but don't attempt to contact them again etc and hope that the 6 year period runs its course.

 

When was the last time you made a payment ?

Edited May 29, 2008 by majik

[PriorityOne]

Providing you keep hold of all paperwork, then the account will remain in dispute through non-compliance of a legal request..... whoever's hands it ends up in.

 

Without an enforceable Agreement, no-one can do a thing with it.

 

[jpf104]

Majik - Treating Customers Fairly Act? there's no such act. If its an FSA guideline its not law. Although I take your point that should they do somthing in the future I have good grounds to argue my point (again!) but that defeats all I've done to date.

As NatWest have given up (on me) I want to ensure I tie their hands at any attempt to collect on this in the future.

PriorityOne - of course you're right - no agreement end of story. But an injuction would have the effect of nullifying any claim against us by NatWest or any debt buyer.

 

All I want to do at this stage is look into the mechanics of bringing an injunction.

[PriorityOne]

The decision is entirely yours, but why waste the money when any claim would be effectively nullified by there being no enforceable Agreement anyway ?

 

I don't think injunctions come cheap.

[majik]

Treating customers fairly in wholesale markets

 

Link to the Treating Customers Fairly thingy

[jpf104]

Thanks PriorityOne and Majik. I'm now formulating a strategy to deal with this matter. I might go down the injunction route (may not have to pay legal costs - I have some very good contacts;)).

I may use the banking code, FOS, FSA or one or other route. Whatever I do I'll get these planks to reply to me.

When I've got an update I'll post again. Ta Ta for now.

Right NatWest - stand by for action!