Arrangement to pay and claiming

charle1980

Hi everyone

I would love to claim my bank charges back but got so badly into debt that I now have arrangements to pay both (closed) account OD and (closed) CC with HSBC

MY question is could they retaliate if I claim by ending my arrangments and making me pay in full??

Kind regards
Charlotte

sportbeth

Short answer - no

Long answer - if you have a sum that you are paying back that is predominantly charges you have two choices. You either tow the line and continue to pay but start your claim (can get confusing as you have to start regularly deducting the numbers you are paying back from what you are claiming)

Or you write to them saying the debt is now formally in dispute and you are not paying a penny until they admit that.

By Law if a debt is in dispute then they cannot take you to court.

Depending on how much is owed (e.g. when I started fighting my bank there was £800 in charges but zero overdraft) so from that point I refused to pay until the acknowledged the problem that the debt was illegal charges. They tried to intimidate me with a collection agency so I insisted that they take me to court or bu**er off.

No Collection agency can touch you if you tell them in writing that the debt is in dispute - they will just send it straight back to the bank.

Hope that helps.

bengal-stripe

sportbeth wrote:

By Law if a debt is in dispute then they cannot take you to court.

Of course they can.

Then it’s for the judge to decide who owes whom what sum of money. It’s called a judgement.