Bank Demanding I pay my overdraft off, I have a claim on hold for charges

bpd1

Hi everyone,

I have just recieved a letter from my bank saying they will take legal action against me if I have not paid my overdraft off, £900, within 5 working days. Just over a year ago I put a claim in with the bank for almost £3,800 which is on hold. Is there any way of having their claim of £900 put on hold until the court case is finally over and the hold on my claim is lifted so that they can be dealt with at the same time?

I have not been using the account since I put the claim in and have a standing order set up paying money into the account each month.

The bank is HSBC by the way.

All advice would be much appreciated.

Orford

Just over a year ago I put a claim in with the bank for almost £3,800 which is on hold.

Have you actually filed a claim at court which is now stayed or is it just on hold with the bank

bpd1

It is just on hold with the bank

Orford

Write and tell them that the account has been in dispute since xx/xx/xx (enc copies of letters), that resolution is dependent on the outcome of the OFT test case, that your claim far exceeeds the existing overdraft, that should they file a claim at court you will file a counterclaim and that should they enter any default on your credit record it will be in direct contravention of the Banking Code and you will file a complaint with the FOS

13.6 We may give information to credit reference agencies about the personal debts you owe us if:

• you have fallen behind with your payments;
• the amount owed is not being disputed; and
• you have not made proposals we are satisfied with
for repaying your debt, following our formal demand

bpd1

Thank you for the exceptionally fast advice. I will do that now and post any response.

Thanks again