Injunction to prevent further charges whilst court action ongoing

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Hey,

 

Lots of people who have took the County Court action against their bank have been subject to further charges despite commencing County Court Action, I have done some research into this and believe an Injunction can be obtained in such circumstances, i have also got an Injunction hearing underway, although i can't gurantee the success of this the Practice Directions on this are quite clear, so if anyone wants to try this then your welcome to;

 

Practice Direction 2B - Allocation of Cases to Levels of Judiciary

 

8.1 Injunctions which a county court has jurisdiction to make may only be made by a Circuit Judge, except:

(a)where the injunction is to be made in proceedings which a District Judge otherwise has jurisdiction to hear (see paragraph 11.1 below);

(b)where the injunction is sought in a money claim which has not yet been allocated to a track, where the amount claimed does not exceed the fast track financial limit;

 

 

 

So how do we fill in the Injunction Form, something like this:

 

Tick the Under Statutory Provision and put PD2b Para 8.1(b)

 

This Application raises issues under the Human Rights Act 1998? Tick No

 

The Claimant ___________ applies to the court for an injunction order to the following terms:

 

That the Defendant _________ be forbidden (whether by its servants, agents officers or otherwise) from charging bank charges and interest

 

And that the Defendant stops this until the settlement of the County Court case which the Claimant took out on the Defendant.

 

And that no further charges or interest are debited from the Claimant's account until the case has been settled, or judgement has been reached.

 

Then you fill in a N1 Form and state the date you started your first case and that you were further charged some more charges, perhaps how much you were charged and why, request that money too and state you want an injunction in place until your case has been settled especially with regards to the Defendant's contention to continue to charge despite court action of a disputed account.

 

I hope this helps and i don't seem too useless on this :-| , just that it's bad enough the banks charging in the first place, then they add insult to injury by still charging us despite court action, I have not yet proceeded with the Injunction Form so if anyone thinks this is wrong, then please let me know beforehand, thanks.

[noomill060]

Not really necessary, IMHO. Any additional charges can be sorted out at settlement stage when youve won.

 

In injunction will cost you £150. Is it worth it?

[whizzkid001]

Great as such an Injunction would be, in practice this wouldn't stand a hope in hell before any judge - you forget the issue of charges has yet to be tried, tested and won in a County Court, therefore on what basis could a judge grant such an Injunction? What authority does a court have to stop a bank from imposing charges? It may be excessive, it may be unfair and it may be unlawful - unfortunately until a court rules that it is, and at what level, it could never order an injunction of the sort you describe...shame that it is!

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Not really necessary, IMHO. Any additional charges can be sorted out at settlement stage when youve won.

 

In injunction will cost you £150. Is it worth it?

 

I agree and thinking now about just forgetting the Injunction side of it and just for the record if i was to proceed i wouldn't have to pay anything because i meet the category for exemption, having done two cases so far, but i agree it will just be more forms and i'm more interested in getting money back than filling in forms all day lol

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Great as such an Injunction would be, in practice this wouldn't stand a hope in hell before any judge - you forget the issue of charges has yet to be tried, tested and won in a County Court, therefore on what basis could a judge grant such an Injunction? What authority does a court have to stop a bank from imposing charges? It may be excessive, it may be unfair and it may be unlawful - unfortunately until a court rules that it is, and at what level, it could never order an injunction of the sort you describe...shame that it is!

 

Yeah i agree mate, but hope you see my point and reasoning behind it all, i hope that it is ruled in Court though, it just really gets me that banks have been getting away with this for ages, i honestly have this site and others to thank, however im not going to bother with the Injunction now, was just one of those ideas on impulse i guess

[Advoc8]

Hypothetically speaking I doubt that an application for an interim injuction would succeed because damages would be a sufficient remedy for any further charges the bank made.

 

There's also the small matter of needing to be able to provide an undertaking in damages for the defendants costs should the case go to trial and should you lose. If this is small claims track claim that's not such a big deal, but if it's a fast track it could be potentially more of a problem.

[aqua2]

Hi,

 

I've not started my own thread because i'm really pushing the limits on what I can claim i.e. have seperated out my common law claim for charges, bank interest and contractual interest, then in part two requested an account for profits under equitable remedies.

 

Because I am pushing the envelope, I didnt want others to start following until I had some successes and I am prepared to foot the bill, for any of my own failures.

 

Anyway, as you have mentioned temporary relief, I have a hearing on 12th April, requesting just such a thing...

 

Have requested that bank desist from applying or taking any further charges from my account, that they desist from any further punitive action such as closing account, that they serve a list of settled cases and that the case be heard in my local court.

 

I also included a confirmation that I would pay any charges and interest, if the charges were subsequently found to be lawful.

 

I didnt request an injunction, I just filed an N.244 application for order.

 

I made this application as soon as I had the case reference number.

 

Naturally, once this is heard i'll post the details, so everyone can benefit.