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    • It’s all unsecured loans and credit cards. Mainly loans now though as most credit cards are paid off.   so 95% unsecured loans.   I just don’t know my situation job wise it’s almost impossible to say whether it’s likely or not just don’t want to be caught out by it. My mental health trying to pay this off has taken a huge hit also if I’m being honest. I feel like mentally I need some kind of respite and the credit file cost is something I can accept also. 
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    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
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Natwest breach Injunction


whizzkid001
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I have an injunction in place which stops NatWest from recording or relaying to any 3rd party, any credit information relating to 2 accounts with them. Yesterday, they blatantly breached the continuing order by registering 2 Defaults on my credit file!

 

As such, I have already sent an urgent letter to the court to inform them that they have breached the Order & fully expect they will ultimately be bought to account for the clear contempt of court.

 

However, we have literally just accepted an offer for the sale of our house, both parties want a very quick exchange of contracts. The defaults will obviously make it near-impossible now to take out a new mortgage, and worst-case-scenario, could lead to the sale falling through & our being unable to move! Given this situation, would I be justified asking the court - and would I likely be awarded - any costs/losses/expenses incurred as a result of their breach, perhaps even compensation for the distress caused?

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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now this is interesting because breach of injunction will lead to damages if house sale does not go through. How did you get the injunction?

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The Injunction was applied for last November, after they first threatened to default our accounts - having already failed to respond to a s10 Notice to desist from processing personal data. The hearing has been adjourned twice since then, the next hearing is in mid-February but in between each hearing, the court has continued the original order that they are NOT to process any data to any 3rd party. This they have now done & are in clear breach of a continuing court order & now I guess subject to contempt of court!

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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this will be interesting, can you PM bankfodder as I am sure he will be interested in this one

 

as will we all i'm sure :rolleyes:

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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I have pm'd you.

Thhis is a very serious thing for them to do and I suggest that we talk.

 

I think that you should download, complete and file an N255 first thing on Monday at the court office.

 

I think that also a complaint to the IC should be made.

I think that your application should ask for enforcement action to be taken and also for the injucntion to be extended to the credit reference agencies not to disclose the information to any third party.

 

I can imagine that the CRAs will be very annoyed with the NatWest with this.

 

Respond to my pm as soon as you can.

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I know some people who wil be interested in this Marc, if you want me to drop them a line let me know.

 

Glenn

 

PS I would have dropped you a pm but I cant right now.

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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I would say you would definitley have a strong case to claim if you can't get a new mortgage as a direct result of the default(s), bu tI'll leave it up to the ore knowledgeable people who seem to already be looking at it for you.

 

I'd be very interested in how you got the injunction, as I presume normally you can't sotp them from putting information on your credit file. Could you elaborate what a s10 notice is and the basics of how you did it?

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Should have some news by Monday concerning the breach, I suspect it may be quite explosive - watch this space!

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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whizz this is appalling but not surprising

 

They obviously think that because they are faceless employees they don't have to worry about the law. I suspect someone at Nat West will be ordered to attend the court to explain their breach........should be fun to watch.........Make sure you have a name to give to the judge

 

Also depending on what happens with your house you would appear to have a very good claim for damages particulary if it falls through because you are unable to buy another or have to use an expensive sub prime lender to obtain a mortgage.

 

The banks seem to be losing it. We have a DJ threatening to issue an arrest warrant. Baillifs going into a busy London branch & removing goods & now a bank ignoring a court order an act whether by mistake or not which might have caused you a lot of problems

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Guest peed orf

Are you going after the Director/s as it's supposed to be his/her responsability to see that everything's done legally, above board and proper?

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I think that you should download, complete and file an N255 first thing on Monday at the court office.

 

 

what is an N255, and why file one at court, anyone?

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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Ok, ex parte application ready for court in the morning. The fuse has been lit........!

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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Whizz - when you texted the other night I wasn't quite sure what you meant...that NatWest have done this is irresponsible in the extreme. Not quite sure of the nature of the injunction (clearly this a two-way confidentiality issue) but as BF says, you really have to get an injunction on all parties, not just NW, ASAP...

 

If you want a court buddy (again!) then give me a shout...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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And it WON'T be me....lol

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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Hope it all works out today...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Saw the judge this morning who was NOT amused! He has bought forward our case from 3 weeks to next week, where they will now have to explain to the court - and us - why they breached the order. s10 Notices have all now duly been sent to the CRA's, informing them that they too are now in breach of the injunction. Their barristers will have just received from me the most indignant (for want of a better word) email regarding their bank's action. I think, to quote the saying, 'The sh*t has hit the fan'!! Watch this space !! :D

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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Ooooohhh goody! I love a good spat. You go in there and kick them whilst they are down...:)

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Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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You go in there and kick them whilst they are down

 

Damn right, give em one from me too.

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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I hope it gets press coverage when it blows up in NatWest's face...

 

Yeah, Crisp, lock all the bank MDs into a great big glass aquarium, starve 'em for a few days, then watch them fight over a thrown-in packet of out-of-date Monster Munch :D

-----

Click the scales if I've been useful! :)

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