Tobes' Injunction Against Nationwide

[Tobes]

New thread forf new issue to as not to confuse issues, forgive me mods if I'm being in any way naughty

 

Nationwide settled then sent me notice of account closure - so I sent them an LBA today threatening them right back with an injunction :D

 

Are there any mods willing and able to help me with this???

[Tobes]

No reply as yet to my LBA for an injunction, so I faxed a copy to Charles Bacon ...I still would really appreciate any help mods can give me on this, the deadline is friday/monday at the latest...

 

I would also be interested in hearing opinions about my also including in the claim a request for the judge to declare the charges clause in the terms and conditions as unenforceable, as is suggested in this site's example particulars of claim 'if you're feeling brave'...I feel this would help the matter get to court whether they then turn around and agree to keep my account open or not...But I have obviously already made a similar claim re the refund of my charges...Though I have signed nothing to state that it was a full and final settlement ofthe matter and they did state in the notice of account closure letter that their reason was because I would not obey the terms and conditions, so it IS relevant, I think, and it's not identical to my original claim...What do you think?!?! Alan, are you thereeeeeeeeee??

 

Cheers,

 

Toby

[alanfromderby]

Tried to reply to your PM but your inbox is full. This is an area that I am not familiar with, and am seeking input from elsewhere.

[Tobes]

Ahh apologies alan, inbox now cleared

[caro]

I'm afraid I can't add much to the thread except to say I presume that nothing has changed in the T's and C's, and presumably they were not proved lawful or otherwise in court. Therefore they are still trying to bind you to unlawful (in your/our opinion) t's and c's. You were claiming on the basis of there unlawfulness and that has still not been exhausted, although the financial (small claims) part has. In other words I agree with you as to relevance. I have no knowledge or experience of injunctions so can't add more.

 

Except you are now seeing why this is for the brave! Good luck. I will certainly follow your progress and chip in if and when I can.

[Tobes]

Hi Caro thanks very much for your post, I really appreciate it

[caro]

Hi Caro thanks very much for your post, I really appreciate it

I only wish I could have offered some help.

[Tobes]

You did help to confirm my opinion of being able to include the 'brave request' though

[Tobes]

Holy Mother! I've not received anything from Nationwide so I have now completed my N244 and N1 forms and am going to take them to the Court shortly before the end of business tomorrow if I receive nothing in the post tomorrow!!!!

 

I really hope I've done everything correctly, but I haven't had that much to go on so I have a major suspicion that it's all a load of rubbish and I shall be laughed out of Court if not ritually humiliated in some officially judicious way...

 

On the N1 form I have related my previous claim, stated that Nationwide now wishes to close my new account that has had no breaches at all, my belief that it is unfair under the Unfair Terms in Consumer Contracts Regulations and my requests for a declaration that the contract term is unfair and an injunction to prevent the closure.

 

On the N244 form I have requested an interim injunction to prevent the closure of the account until judgement is obtained in the claim.

 

Yikes, eek and ohmigosh, support me fellow downtrodden consumers, I think I'm gonna crash and burn with this!!!!

[PeterPiper]

wow, may the force be with you!

 

i hope the Nationwide gets a smack in the teeth it deserves....

[caro]

If you are taking the paper work into the court yourself, ask the officials there to check through it for you. I have read quite a few posts where they have been very helpful, so try and make sure you get there early enough for them to do that for you. This might sound daft, but do you understand the things you are quoting and what they actually say? If you need any of the Acts or Regs they are in the Statutes Library. I firmly believe that the more you understand, the more confident you will be.

 

You are a real trailblazer Tobes, and I'm proud of you giving it a go like this. Crash and burn? No never.

[Tobes]

Thanks again guys I appreciate it

 

I went into court today and submitted it but it looks like they're the wrong forms (naughty Bankfodder! ) though what I'd researched seemed to tie in at least with the N244...Oh well, the nice girl said she's send them to the judge to be checked before they were issued and so if they're wrong they'll send them back without a claim being made so I can rectify the error...I also had to pay £150 + £65 as well...The girl seemed to think it should be a part 8 request not an N1...Oh well, I wonder how long they'll take to tell me if I'm stupid or lucky

[caro]

On a learning curve eh Tobes.

[Tobes]

Always!

[caro]

It isn't really all bad news when I think about it you know. At least you didn't walk away having not got anywhere. It sounds at least like you know what your next moves need to be and that you might be able to put it right. As you are after an injunction I would have thought you should hear quite quickly whether it is OK or not.

 

And you certainly aren't stupid so no more of that kind of talk please.

[moxie]

Good luck, you're braver than me! Nwide have now closed my account, I didn't feel brave enough to do the injunction malarky, but will be following this with interest, and cheering you on!

[Tobes]

hehe thanks guys...An injunction is actually quite a big deal so I'm not entirely sure that it would be granted, but as I've said elsewhere I'm a bit of a psycho so I don't mind being the test dummy

[ladymoonray]

Go Tobes! I'm going to be following in your footsteps if Nationwide try to close my account, so I'm watching your thread with great interest. Keep up the good work!

[caro]

Any news from the judge or court official Tobes?

[Tobes]

No, nothing as of yet!

 

I did finally get a letter from Nationwide saying that they think they're perfectly entitled to close the account, that it's non-negotiable and that they will contest any action...

 

I'll let you know when I hear from this leisurely judge/court!

[Tobes]

checked my account and the cheque for the court fees of £215.00 has been cashed....Because neither i nor the girl at the court was sure about the forms she said she would have them checked first and the cheque sent back if they were wrong...I suppose the forms could be right and everythings ok, but i somehow think they've just ignored her note and i'll have wasted the money because it will be struck out...I will be so angry if that's the case but i don't want to shout at the people who could be handling all my claims!!!!

[dave]

I think you will probably be ok to be honest. You can ask for an injuction at the same time as a money claim on an N1, so I don't think it's quite that serious.

[Tobes]

It's not a money claim, i've already done that part and been refunded - that's why they're closing the account!

[BankFodder]

I'm afraid that we are all on alearning curve on this.

 

Part 8 is correct and £150 fee is standard.

 

If the injunction was sought as part of a money claim then you would have a chance of getting away on an N1 and possibly a reduced fee.

 

Where are you on your claim? Can you let me kinow what you put in your application. It may need to be amended.

 

In my view there is a set list of points which you need to make in order to satisfyt the judge that you have a good basis for the injunction.

Could you scan me a copy of what you submitted?

[BankFodder]

Also, have a look at the ongoing discussion with user Sophie Jane in geneal on this matter.

She has also discovered another injunction form - FP3 which we are trying to find out more about.

I suggest that you pm her so that you can exchange info