Injunction on a house.

D

delboy159

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Recently the field around my original family home was sold to a developer to build houses (not our land - just beside us). As part of the legal process my father had to clarify some boundry issues - no hassles, just their wall was on our site at one point other part of the site we infringed on theirs and such.

Anyway - when the builders solicitor was finalising things she found an injunction had been taken out on the house in 1989 due to a defaulted loan of £10,000. My father was shocked as he hasn't ever done business with this bank and has never owed money in his life.

The solicitor informed the bank by post and within three working days the bank apologised for the error and retracted the injunction...
However, I (and my father) are very annoyed by the whole thing as he takes pride in paying people straight away - and he hasn't even borrowed money in the last 20 years as he hates debts - if he had tried to take out a loan he would have been refused anyway because of the injunction.

We are considering taking legal action - as a letter was never sent to our address of the past 17 years to inform us of the injunction, we do not know how it may have effected our credit history in the past etc (I was refused a credit card from the bank in question a few years ago - was always surprised at that...)

Does anyone have experience of this or know a legal professional who deals with these types of cases.

Any advice would be great.
 
I'm not really sure what you would sue the bank for ?

Have you or your family suffered a financial loss as a result of this injunction ?

Have you or your family been injured mentally or physically by this injunction?

In fairness to the bank once the error was pointed out they did apologise and lift it straight away.

If you can show that somehow you or your father suffered in some way from the banks actions then you may have a case if not then I'm not sure what good talking to a solicitor will do.
 
Bottom line my father has not suffered financially from this - to his knowledge - he is self employed and loss of business etc may have occured without him knowing - if a potential client checked him out.

There is also the poor business practice that allowed a business put an injunction on a house without informing the residents of the house.

If this site had not been sold the injunction could have lasted for another 30 years and may not have been reversed if/when it was found due to the length of time.

Maybe I am shooting a little too much from the hip on this one, but my gut tells me that the bank in question deserves to be tackled on this - God knows how many people are in the same boat as we were and don't know about it and may have a much harder time sorting it out in the future.
 
You complained, bank accepted it was a mistake (mistakes happen) and it was rectified. As you say your father didnt suffer financially from this or in any other way so what more do you want?
 
I think everyone has pretty much answered the question. But just to say also that it is not an injunction on the house but more likely a Judgment Mortgage or a Lis Pendens. It is even more difficult to envisage what class of action one could take against a bank when not even sure what it is they have/had against you!

mf
 
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