Judge asks "what are excess bank charges"? !!!!!!!1

Herbie21

Have a friend who had an HSBS bank account and credit card. Due to many charges put on the account when she went overdrawn, the bank eventally closed the bank account over a year ago. Her credit card was also cancelled. Her overdraft facility was approx: £5k and with charges now stands at around £11K. Credit card part of HSBC are owed £3K

Debt sent to DCA's. They issued proceedings for recovery of the credit card debt and as she was abroad did not receive the writ. On the 14th day DCA obtained Judgment by default. She has applied to have Judgment set aside etc. In the meantime she has sent a subject access for her bank charges.

In the application for judgment to be set aside she said that the amount of excess bank charges that she will be claiming far exceeds the amount of the debt to HSBS card.

The judge considered the application and wrote back today to say......."What do you mean about "excess bank charges", what are excess bank charges"? ....please explain".

Any suggestions for a reply?

lindilou39

He,s basically asking you to submit further as to what you consider excess bank charges....what you should be saying is I find the charges incurred on the account to be punitive and not to the true cost of the bank...while your at it, ask the judge to request a full breakdown of the cost incurred to the bank. There is a statement written in post 14# in the reclaim bank charges helpthread to assist you on this.