From the RLP website: http://www.lossprevention.co.uk/court%20cases.aspx

Old Snowy, have you any more details on this - I'd like to read up on it. Thanks, Mike

Thanks, Rebel, interesting reading, but not as positive as I'd hoped. This bit of law: Social Security Administration Act 1992 Miscellaneous Certain benefit to be inalienable quote in reply 14 of the thread you mention seems to be largely ignored by the banks. Their excuse being that they weren't to know it was benefit money as they weren't told. A letter of appropriation seems like it would stop future charges being taken from benefit money, not get a refund of amounts taken in the past. Have I summarised the situation properly? Thanks, Mike

Hi, Are banks allowed to take charges from benefit money? I have a friend (suroprising I know ) who has had bank charges applied to her account for exceeding an agreed overdraft limit. She has no overdraft facility, so the "crime" was to go overdrawn. She is a single mum with two kids under 3 and currently get £140 every two weeks (IIRC). The bank Abbey, now Santander, then take £30 from this causing the cycle to continue. This has been going on for a couple of years, so my friend is now hundreds of pounds out of pocket. I remember reading on here that abnks aren't allowed to touch benefit money. Is this true? If this is true, what is the best way to get this money returned? If it isn't true, what is the best way to get this money returned? Kind regards, Mike

Thanks for the suggestions - it is appreciated, though I feel completely out of my depth with it all, even after I have read other threads - its hard to know which bits are relevant to my situation. Sigh. For what its worth, we're working hard at changing our circumstances - I've recently started a new job with a significant increase in salary and Mrs B was offered a job yesterday which will make a difference, too. We're downsizing the car, selling stuff we don't need etc., and feel somewhat under control, but still with an uphill climb. Regards, Mike

Thanks CitizenB. I don't have all the information require, and am a little unsure where to start, so those threads, I hope will be very useful. I have a couple of questions now: 1) The account is a joint account, with the lovely Mrs Bigg - court papers were issued to both of us. I responded to my letter and didn't get Mrs Bigg to respond to hers. (It seems silly to both be submitting a defence). So, judgement has been awarded in the absence of any response. Can this be overturned, set aside, etc.? 2) We're going away for a couple of weeks - as people do at this time of year. Can the procedings be made to account for this? If so, how do I do it? Thanks, Mike

Thank you DocMan - much appreciated. The SAR and CCA requests went in the post today - it'll be interesting to see what they produce anyway. I have just done the "AOS" online. I thought I had to submit a basic defence at this time, too, but from what you have said that is not the case. Now the work begins. HSBC have previously sent a letter detailing the charges they have applied to the account. You say you would ask for a copy of any overdraft letter. Do you mean a letter that they may have written when I first applied for an overdraft? What am I looking for here? I'll read up on the CPR information and see what I understand. I know I've messed this up by not staying on top of things - if I was able to do that I wouldn't be in the mess I'm in. Thanks to the people who have previously advised and apologies where I haven't followed through on the advice. Thanks again DocMan. Mike Thanks again

Further to this - and after some reading and some considerable anxiety - I will simply put in the Defence box: 1) I dispute the whole amount as it is composed completely of charges. 2) I have requested information from HSBC, but until the information is received from HSBC I am embarrassed to be unable to submit a defence at this time. In the event the information requested is provided to you, then you reserve the right to answer more fully. Will this do - or do I need to do more? Thanks, Mike

OK - so I've prepared the SAR and CCA and will put them in the post tomorrow. I really need to send the acknowledgement of service and my defence, but I'm unsure what to write. At this stage is it ok to simply state that I dispute the debt as it is made up entirely of charges and then update with full details later? Or must I fill in the whole lot now? If this is not the place to be asking these questions, please can you point me to the right place. Kind regards, Mike

Here is the Response Pack / acknowledgement of service: Here is their POC:

I'm talking about the court forms that came through to me ... Its called a response pack. (This is all so alien to me - where to begin?) It is scanned in the next post. OK - There is an acknowledgement of service form (N9CPC) on which I can: 1) I intend to defend all of this claim 2) I intend to defend part of this claim 3) I intend to contest jurisdiction I would like to defend the whole claim. I'd like to do that with a court nearer me. So, do I just tick boxes 1 and 3 and sign at this time? The send of SAR? Will all the details of the claim come from HSBC without me asking? I do I have to get them to send them to me? On the claim form (N1CPC) my with and I are named as defendants. It was a join account. She received the same paperwork from the court as I did. Does she have to fill in her own copy, or is it ok for just one defendant to respond? Thanks, Mike

No opinions here? Regards, Mike

Please can someone point me in the right direction as to what to put on the forms I return? Thanks and regards, Mike

Hi, I'm looking ahead for once. I have a mortgage on my home which is due for payment in 12 months time. It was an endowment type mortgage, so the loan was interest only. The endowment policy matured recently and there was a shortfall leaving about £15k to repay next year. I have another mortgage with them for about £30 on the same property whcih is a repayment type due to complete in 2020. My initial lthinking was that HSBC would just extend the mortgage, but is this likely with a trashed credit history? What are their likely actions? What options do I have? Thanks, Mike

I stopped paying because I couldn't afford to pay anymore. This isn't the only debt I have - at one point my salary was basically paying the minimum payments on several credit cards all of them were calling at all hours of the day putting me under immense pressure. HSBC cancelled all my standing orders etc. I changed banks so my salary was paid elsewhere and I managed to keep the credit cards at bay with advice gleaned from here. I was hoping for better from the court case, but it seemed to go the wrong way and I again got despondent and was unable to deal with things. Sigh. (I've always considered myself to be a strong person, but this seems to bring me down quite easily). Mostly, I stopped paying as I don't think the charges applied to my account should stand - £3000+ in charges against a £2500 overdraft. The whole debt is made up of charges. In the claim for HSBC state that the overdraft agreement said they could ask for the whole amount back. They did. I didn't pay. So they are taking me to court. As I see it now, I have lost the opportunity to negotiate anything with HSBC. So I can either: 1) Submit and pay up (if I had the money available). I can probably get the money, so this seems like the least risky, but most expensive option. At least in the short term. 2) Submit and ask the court to determine a repayment plan. Is this wise? Will it be affordable? 3) Submit a defence based on some of the writings here. This seems to be risky. Not only may I lose the case, but they'll start adding their costs onto my account which I'll have to pay off at some point. Have I got the gist of it? Can I avoid getting a CCJ now I've got to this point? My credit history is completely trashed, I'm not sure having a CCJ will make much difference. Thanks for your help with this. Regards, Mike

Anyone care to advise on my last question? Thanks and regards, Mike

Hmm. I'm thinking I'll just pay up - sticks in the throat, though - thieving ba*st*rds! So, is it possible at this stage to pay up while still leaving me room to make a claim at a later date? Thanks, Mike

Anyone? What are the options available to me at this time? To be honest I'm thinking I may just as well start paying something - it'll be cheaper in the long run! Regards, Mike

Well, I hoped I would be able to avoid this. I have an overdraft with HSBC. I exceeded the overdraft limit and started to get charges applied to my account. Currently the balance is about £2500. The agreed limit was £2000. Charges have totalled about £3200. So, the whole outstanding balanced is made up of charges! I was hoping the court case would help, but it didn't. I'm in the middle of drafting a letter to the ombudsman, but a claim form from Northampton arrived on my door step yesterday, signed by DG solicitors. Its a joint account, so the lovely Mrs Bigg is also named as defendant - I could do without her being involved with all this? What options are open to me now? Is it too late for the ombudsman to be involved? Is it too late to negotiate a monthly amount with DG without a ccj being involved? Thanks for your help, Mike

LOL - thanks for the unique perspective on this. Mike

OK- file and ignore. Thanks, Mike

I recently requested a CCA from Moorcroft. They sent back a letter saying they have requested the CCA from their client and accordingly the debt is on hold. However their letter included the following: It seems like a trap to me. I'm tempted to replay along the lines of: "Let's see what your client come up with first", but there maybe something else that is appropriate. What should I do? Thanks, Mike

He would be foolish not to declare his earnings - its not cash in hand, it is traceable from the DCA he's working for. I have done some doorstep collection work in the past - the money is not always pitiful, some of the work can be paid well. It does depend on the nature of the work and he company. Regards, Mike

Thaks Raymond. She has gone to PAYG now. Interestingly, T-Mobile now a a rolling 30 day contract with a cap on bills. The cap being at the level of your monthly payment. When you have used your 300 (or whatever) minutes, you can't make any further calls. To my knowledge T-moble are the only company that do this. Unfortunately, my daughter is so disgusted with T-Mobile, she won't go back to them. I think all phone contracts should have a user settable credit limit or calling cap to protect them against their own stupidity and the implications of the theft of a handset. Thanks again, Mike

Thanks, CBJ, I don't usually talk to them on the phone. You say "they should . . ." Is this a legal requiremnt, standards laid down by an official body, best practice, company policy or what? If they don't take me through security questions, who is the right person to complain to about it? Regards, Mike