my bank charges are stayed but now hsbc threatening to sue me!!!

blondebirdybird

HELP!!!! I had a claim against hsbc issued in march 2007 which was eventually stayed in sept 07 even though i am in financial hardship (benefits inc disability elements due to illness/lack of mobility) The bank and their solicitors are refusing to acknowledge this situation - even though i have pointed out that even with the stay in place they should still deal with genuine cases( they have also continued to take my benefits in charges each month leaving me without funds for care etc). this caused my overraft to spiral upto £1600 in bank charges and this is since my original claim! they sent me a letter yesterday saying they are going to take me to court as i am refusing to pay it on the grounds they havnt looked at my claim and i then told their solicitors i would be more than happy to see them in court as maybe i could issue a counterclaim against them?? does anyone understand how this works and what would be the likely outcome ? also do i need to start a new claim aginst them for the charges since march 07 or can these be added onto the existing claim??