Help filing cpr part 8 to force bank to unblock account and funds

[daz1034]

Hi

Long story but i will shorten it

( The is NO COURT ORDER BLOCKING MY ACCOUNT )

My bank account was blocked by the bank back in feb 2010

I had a dispute with a third party over them continuing to debit my account via direct debit after are business relationship had ended.

They debited in total just over £100,000 ( One Hundred Thousand ) in the space of just over a month. ( This company have a history of doing this )

After having no luck in resolving my problem with them direct and after taking legal advice and being at the massive disadvantage of being so much out of pocket and all the implications that had for me.

It was decided the best action would be to submit a direct debit indemnity claim to recover the funds. This worked better and fast that i had imagined and i was fully refunded with in 24 hours.

Sadly a few days later my account was blocked by the bank do to the third party disputing my claim and making a counter claim via the direct debit system.

The third party counter claim was rejected ( I am not party to way ). Despite this my account remained blocked .

There was a brief police investigation which was thrown out. The bank had stated once the police investigation was over if i had not been found guilty or no charges where not brought they would unblock my account this did not happen.

Know the bank say they can only unblock my account if the third party remove there claim on the funds OR i get a court order forcing the bank to release the funds.

So i am going to issue a cpr part 8 claim requesting an order against the bank to release my funds.

My question is how do i go about filling in the Details of claim. As it seems to me that you need to quote under what section of law you have been wronged. I have no idea is it trespass or some thing else

Any help would be gratefully received

[bottomburp]

Re: Help filing cpr part 8 to force bank to unblock account and funds

Personally, and others may disagree with me here, I would issue a CPR Part 7. This is because if the Defendant does not file an Acknowledgement of Service within 14 days and a defence within 28 days you can apply for a default judgment. You cannot get a default judgment with a CPR Part 8.

For A CPR Part 7 claim you need to complete an N1 claim form - you can do this on line and then print it off here - http://www.hmcourts-service.gov.uk/H...t_forms_id=338

You also need to write a Points of Claim. I haven't quite got to grips with the circumstances of your case. Forgive me but can you tell me who the account was opened by. When, where etc. Was it just in your name. Why has the 3rd party got access to this account? What agreements have you got wtihthe third party?

It sounds as is the 3rd party is obtaining funds by deception (otherwise known as Fraud). The Fraud Act 2006 is here - http://www.legislation.gov.uk/ukpga/2006/35/contents

I don't know whether it is relevant but the Theft Act is here - http://www.legislation.gov.uk/ukpga/1978/31/contents

Have you spoken to the Banking Ombudsman about this? It might be worth giving them a call, they can be quite helpful. You can telephone them on:

• 0800 0 234 567
  free for people phoning from a "fixed line" (for example, a landline at home)
• 0300 123 9 123
  free for mobile-phone users who pay a monthly charge for calls to numbers starting 01 or 02

Hope this helps and don't hestitate to ask if you need further help.

BB