long winded story but here goes. In 2008 HSBC started proceedings to repossess my home due to arrears. At that point the oft case was underway but not completed and i had stated that the balance owing was inflated due to bank charges. (We were forced to take out a further loan in 2004 to pay an overdraft which consisted mostly of charges (£x,000's) Also in 2004 but prior to the above my wife became ill and we attempted to claim on the mortgage protection but they said my wife was not on the policy. 12 Months later i had reason to make a complaint to the bank over another matter and happened to mention this, we were then told that my wife was on the policy and that we would have to make a retrospective claim which we did, and after 12 more months of "your fault not ours" from the bank we were sent a document from the underwriters which basically proved that it was an error due to the bank. The bank then accepted full responsibility and paid out. During this 12 months we were charged over£1,200 in charges. these were refunded and we were offered £100 (1/12th of the amount we were charged) which i refused saying that if this error was "worth" £1,200 when they thought it was due to my error then it should also be "worth" £1,200 now that they know it is their error. After all if we go overdrawn we have to pay the money back plus charges, the bank are saying all they have to do is pay the money back but they would also give £100 as a goodwill gesture. Back to current day, I have written to the court stating that under directive 93/13 they have a duty to test these charges for fairness. I have stated that the charges are unfair due to schedule 2 terms which have the OBJECT or EFFECT of:- Part D - “permitting the seller or supplier to retain sums paid by the consumer where the latter decides not to conclude or perform the contract, without providing for the consumer to receive compensation of an equivalent amount from the seller or supplier where the latter is the party cancelling the contract;”. (Basically if A can charge B should an event occur then B should be able to charge A the same amount if the roles are reversed) I now need help in encouraging the court to perform this duty. Although the property was sold for more than the balance owed, the bank are claiming that the court costs have created a mortgage shortfall. Can anyone help????