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Help needed) My husband V HSBC


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Hi all I hope someone can help.

We have tried to claim back bank charges from HSBC, after receiving all bank statements and adding up how much they have charged us we put a claim in for £2955.60. They were claiming £2660.71 from us. Then the OFT and Bank went to Court!!! This matter was then put on hold until the Judge made a decision. Meanwhile the DG solicitors put a charging order on land registry, bearing in mind the bank account was solely in my husband name and not joint but the mortgage is in joint names. (april 2007) We are currently trying to sell our property so if its sold the bank will automatically get the money! After the Court decision we received a letter from HSBC (December 2009) which seems to be the standard update letter giving us 8 weeks to respond to our complaint, if they do not hear from us then the complaint is closed. They do not believe there is any legal basis on which the amount of the charges can be challenged.

Does any one know what we should do next! :-|

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Hiya Mrs Tudor and welcome to the HSBC forum :) if your husband cant cut off a few heads you might like to look at the holding letter I wrote to them and do something similar

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2664368.html

 

we are currently waiting for the barester who has been retained by a number of the web based action groups to publish his reading of the test case judgement and give us the legal view of the way forward... this is due any day now :)

 

pete

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thanks Pete! we will get a letter sent off over the weekend. The only problem I can foresee is that we have our house on the market at the moment, if the house sells but the case is on hold can they take their money from the sale of the house? I don't understand why they didn't go down the route of putting an attachment of earnings on my husbands wages surely that would mean a quicker way of getting their money or do they realise that their charges are too high?

Thanks again

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I'm not actualy sure how charging orders work in practise (I will try and get someone who dose know to take a look) but I would have thought they would need a court order to place one with the land registry.

 

If this is the case then I would think that because the sum of money is in dispute that the court order can be set aside and the charging order removed from the land registry.

 

pete

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If the debt is solely in your husbands name the charging order will only relate to his interest in the property, ie its in joint names so only 50% of the property. Your portion will be safe as that cant be touched.

But i know thats not the issue as you want to remortgage. Here is a link to "Charging Orders" have a read through and see if you can find any grounds to have it removed or even postponed. There is a section below on sole debts and joint mortgages.

It may well be as the account is in dispute they cant act on the order, but you need to make sure before it's too late.

 

Debt Factsheets - Charging orders in the county court

If I have been helpful please tickle my scales or better still contribute to CAG.

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The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Mrs Tudor , :)

I don't understand why they didn't go down the route of putting an attachment of earnings on my husbands wages surely that would mean a quicker way of getting their money or do they realise that their charges are too high?

 

They would have to go to court to get an earnings attachment order and you would have been able to argue that the account is 'In Dispute' .

IMHO that is why they didn't go that route.... the same holds good for a Charging Order I suppose , but it could be quicker in the long run , in that they would get a lump sum as opposed to instalments ......

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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