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Injunction?


wemfish
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Whilst reading through the document “Statutory Instrument 1999 No. 2083 - The Unfair Terms in Consumer Contracts Regulations 1999” I found the paragraph;

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Injunctions to prevent continued use of unfair terms

12. - (1) The Director or, subject to paragraph (2), any qualifying body may apply for an injunction (including an interim injunction) against any person appearing to the Director or that body to be using, or recommending use of, an unfair term drawn up for general use in contracts concluded with consumers.

 

(2) A qualifying body may apply for an injunction only where-

  • (a) it has notified the Director of its intention to apply at least fourteen days before the date on which the application is made, beginning with the date on which the notification was given; or
     
    (b) the Director consents to the application being made within a shorter period.

(3) The court on an application under this regulation may grant an injunction on such terms as it thinks fit.

 

(4) An injunction may relate not only to use of a particular contract term drawn up for general use but to any similar term, or a term having like effect, used or recommended for use by any person.

 

 

 

 

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Does this mean that we can get an injunction to prevent the bank from applying excess charges to our accounts during and after the claim?

 

If yes, should we club together and get injunctions against all the banks for all people or does it have to be done on a personal basis?

 

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Has no one got any experience on injunctions?

 

I assume that if the bank goes to court and losses then they would have to stop the charges, but as they don’t go to court then obtaining an injunction is the only way to stop them.

 

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