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HSBC CCJ and bank charges dispute

Hi HSBC bank are taking legal action to recover £2200 i have calculated approx 1500 of this is made up of bank charges, which i understand wi will probably be able to claim back once oft case is completed.In the mean time I have been paying token payments to them until i have the money to pay back . What will the courts view be on this and can i use this as a part defence?

Comments

  • dani33
    dani33 Posts: 67 Forumite
    any help thanks
  • dani33
    dani33 Posts: 67 Forumite
    ttt.......................
  • Have you put in a claim for the charges? I believe (someone will correct me if i am wrong) the advice is still to file the claim regardless of the court case
  • Well i would have thought that because Banks wont make an agreement of any claims for bank charges back ( although you can still put in a claims form) then they cannot take any charges via the court route until the OFT Case has been completed. Maybe im wrong but i would probably advice to use this in any future reference to them.

    Please someone correct me if im wrong :D
    Officially DEBT FREE as of 12/01/2010 :j:j
    Total Debt [STRIKE]£5400[/STRIKE]/£0
    Having Debts Can Make You Feel At Rock Bottom, Always Remember People Are Here To Help. Detirmination Is The Key To Your Debt Freedom
  • fatbelly
    fatbelly Posts: 23,312 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    When you receive the court claim form there is an option to counterclaim. If you do this, both claims should be 'stayed' until the current test case is resolved.

    Best of luck
  • dani33
    dani33 Posts: 67 Forumite
    thanks for your help
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