Tobes' Injunction Against Nationwide

[Tobes]

The correct forms are the green Part 8 form (non-money claim) and the N16A which is especially for injunctions (your suggestion of injunction form, according to info I've found, is for use in the High Court). I paid the correct fees (£150 and £65 respectively) but used the wrong forms...She accepted them and told me they'd be checked first and returned without submission if they were wrong but my cheque has been cashed so I don't know what's going on...I think I might get rather angry at them lol

[Tobes]

Well, reading Sophie-Jane's thread, I don't think it was mentioned before that the account had to be vital to me...I was doing this for the principle of the thing and the fact that they're being unlawful...I can offer no evidence to show that it is vital because it is not my main account.

 

I don't particularly see how any account can be vital, though, because you can change accounts automatically with all direct debits etc moved across for you...

 

I have in my main claim form included the part about requesting a declaration that the relevant clause in the contract referring to fees is unlawful, which might make them sit up and listen, because I assume even if the injunction is unlawful the court still has to consider that request...

[lee6370]

Did you have your wage paid into it?

 

Did you use it for any standing orders or direct debits?

 

Just because you can move to another account doesn't mean this one isn't vital. The first thing you need to do is prove that you need this account, what did you use it for?

[Tobes]

Do you really need to prove that it's vital? Surely it's the principle of the thing lol if not, I can't really show that I need the account

[Sophie-Jane]

Do you really need to prove that it's vital? Surely it's the principle of the thing lol if not, I can't really show that I need the account

 

I agree, the principle is that they must not get away with closing accounts when a Lawful action has been taken out against them.

 

Yes we can report them to the relevent authorities, but Would that stop them, Maybe it would take longer for the relevent authorites to act than it would to close an account.

 

Getting an injunction maybe the only solution, to Stop there act once and for all, and make the financial institutions Sit up and listen for once, And hear that Customers are saying Enough is enough, and we are not standing for bully boy tactics anymore

[lee6370]

just thinking aloud here.

 

To be paid (wage or benfits) you need a bank account, so a bank account is vital.

 

Is your account vital?

because you can get another account with the same facilities does that mean it's not vital?

 

If your landlord tries to evict you but fails to follow the letter of the law you can get an injunction, yet you can go and rent another home.

 

If your employer tries to dismiss you but fails to follow the letter of the law you can get an injunction, yet you can get another job

 

Are you required to prove to the court that they are vital?

 

I know you can agrue that you may not be able to get the same home, in the same location, for the same rent, etc. but you can also argue that you can't get the same account with the same benefits, same overdraft level, etc.

[Sophie-Jane]

With Allaince & Leicester

 

Court Injunctions against Financial Institutions

 

They have publically stated that they will close accounts of successful claims

 

Is that Ammo enough for a Judge to decide to act in favour of court action

 

But I have not heard Publically that Nationwide would do so

[lee6370]

Seen your thread, do you have a link to the A&L statement.

[Sophie-Jane]

A&L to close accounts of Successful Cases

 

And there have been quite a few more in the last week - Sunday times article for example

[Tobes]

ok lol all claim forms and cheque returned to me in the post this morning...They were meant to tell me which forms to use but no, it seems Reading County Court is useless...

 

Now I suppose I should decide if I can be bothered to start the claim again...

[caro]

At least you got a cheque back too. The principle still stands that they should not take retaliatory action, but the question is really whether it is worth the hassle to fight it.

[Tobes]

I think I shall fight it, I've just got to summon the energy to do so

 

I'm still rather unsure as to the forms...I know now that it's a Part 8 claim form for the claim, but not sure about the injunction form...

[lee6370]

I hope you continue with this Tobes, have you sent a PM to bankfodder.

[Bev77]

I've been following your thread as well, and I hope you do continue with it. I was awaiting your outcome before deciding to try and stop them from closing my account.

 

I've received the letter notifying me of account closure this morning. I think it is totally out of order that they are allowed to close your account, basically because you have complained about the service that they provide. If you complained about a member of staff say, would that qualify for account closure? Surely they can't be allowed to close your account because of this? It really gets to me all this, but I don't have the money nor time (with 2 young kids) to fight them, after reading all the hassle you've had. If it were a straightforward process, then I'd go straight into it.

 

GRRR. BL@@DY BANKS!!!!

[ladymoonray]

Bev, you have my sympathy. Nationwide are already talking about me taking my business elsewhere, and they haven't even received my moneyclaim yet!

 

I don't know if I will have the time, money or energy to take them to court over closing my account (which they undoubtedly will). If I can manage it, I will. But I am also going to kick up a hell of a fuss about it with the financial ombudsman, the financial services authority, the office of fair trading, and anyone else who will listen to me. They shouldn't be allowed to get away with it.

[dolly]

Tobes, did you ever decide to continue with this?

[Tobes]

Alas, no. I had sent all the claim forms in but they turned out to be the wrong ones. Bankfodder then advised that I needed to include certain things but I wasn't confident how to do it and I was unable to do it before they closed the account, and Bankfodder said that you need to do it BEFORE the account is closed...Pity really because I really wanted to do it and was totally willing to take it all the way

 

Instead I'm going to complain to the Banking Code but that will be much less satisfying!