Martin3030 did you manage to ask any other moderator with regards to my query? Thanks in advance.

Help required before its too late... Following many months of a financial slaughtering (charges) we felt cornered and sold our house to repay mounting debts. In summary some months the banks charges equated to more than our mortgage repayment and meant we were in threat of reposession. Sadly our mortgage was with the HSBC (as was our account) and we were pretty much at the banks mercy. We still bitterly feel that if it wasn't for the banks extreme charges we would have been able to stay in our home. We now cannot afford to get back on the property ladder. Does anyone know if it would be possible to sue the bank for putting us in such a position or if our loss could be claimed for in law??? Court date for HSBC is 9th July and we are out of our depth.

Stick to driving Stig.....lol

cheers milktrayman

Millymollymo we are in a similar position athough we were actually forced to sell our house to repay the increasing debts. Our mortgage was with the HSBC and some months their charges were more than the mortgage repayments which they were sending increasingly menacing letters about. We feel that we were forced to sell and to date we have been unable to get back on the property ladder. As you are further down the line than us please keep us updated on the progress. Any chance on a copy of the letter you sent to DG?

and to be fair Milktrayman a complaint will follow for DG's litigation procedures because quite clearly suggesting they will defend as a matter of course wastes everyones time.

Given that DG have been through this process many times I am of the opinion that to file to defend the entire amount of my claim was complete rubbish and a waste of court time. Once I have won I intend to complain about the litigation process and the courts time wasting by GD and suggest everyone should do the same. DG must be earning a fortune themselves from the HSBC. I wonder if DG employees are paid hourly? lol

Having read many, many threads it would appear that some people manage to get paid out much sooner than others. Also Courts seem to be different in their responses and actions too. Those that for instance just received their cash sooner may have taken a different approach with letters. Could be they said pretty please...lol The long route it is then.......but thanks everyone.

Thanks for the morale boost Milktrayman.... I merely meant that the banks may defend larger sums with more vigour whereas with smaller sums they may settle sooner if you took a certain approach.

Any tips mars32? We have just posted looking for the winning formula. With such a large win you must have done something right. WELL DONE.

We have written to the nationwide (3 times) requesting that they reimburse us our charges. Naturally we have been stone walled. Has anyone managed to find a quick route in getting the Nationwide to settle?? Much obliged to anyone with information.

All courts should adopt this attitude as it is clear that the banks only use the system as a stall in order to make additional interest on their cash to pay out the claims.

Does anyone think the FSO would be the best people to contact with regards to this matter.

Oldham County Court

By the 9th July the defendant must file and serve a comprehensive witness statement from a responsible employee with a statement of truth explaining the banks charging regime and exhibiting all relevant documents justifying it; and if they are discretionary, the decision to apply the charges the subject of this claim to the claimant. In default of compliance by the defendant the defence is struck out on the 10th July 2007 and the claimant may apply for judgement.

Hi All Our first letter from the court stated the AQ had been dispensed with. The second court letter notice of allocation to the small claims track (hearing) orders the defence to file and serve a comprehensive witness statement etc but makes NO mention of what the claimant should do. I have not seen any other thread like ours...is this unusual or what???

What we would dearly love to know is if there is anything we could do about the fact that we were literally manouvered into having to sell our house. If it was not for the bank charges we may have been able to afford to keep up our repayments. Some months the charges were more than the mortgage repayments. Hate the bank with a passion.

It sounds logical however.....if it wasn't for bad luck, WE would have no luck at all......lol We have started and so we will finish. In the interim there will be much knee knocking and biting of nails etc.

There seems to be such a wide variety of responses and approaches from Courts that it is difficult to know what looks good and what doesn't. We have so far not been requested to fill any AQ or submit anything to the court which seems unusual. We are geared up to have our day in court as to be honest the HSBC forced us into a corner both financially and with regards to having to sell our property. We are still suffering today and cannot get back onto the property ladder due to the sharp rises in housing costs. Tell it to the Judge..you bet we would.

Some years ago (2004) the HSBC destroyed our lives as we knew it. We had fallen on hard times (both of us redundant at once) and were financially embarrassed. To cut a long story short the HSBC (and others) were less than helpfull and their charges some months equated to more than our mortgage. Needless to say we ended up selling the house in order to get ourselves out of debt. We have never been able to get back on the property ladder since. We like most people believed that nothing could be done other than pay up. Sadly our mortgage was also with the HSBC and they had us by the short and curlies. This site gave us the courage to at least make an effort to fight back. We are currently at the court stage with the HSBC defending all of the claim. Today we received a letter from the court stating the following.... By the 9th July the defendant must file and serve a comprehensive witness statement from a responsible employee with a statement of truth explaining the banks charging regime and exhibiting all relevant documents justifying it; and if they are discretionary, the decision to apply the charges the subject of this claim to the claimant. In default of compliance by the defendant the defence is struck out on the 10th July 2007 and the claimant may apply for judgement. Has anyone else had this happen or been beyond this point????? Your help would be much appreciated. Dinkydoo

Some years ago (2004) the HSBC destroyed our lives as we knew it. We had fallen on hard times (both of us redundant at once) and were financially embarrassed. To cut a long story short the HSBC (and others) were less than helpfull and their charges some months equated to more than our mortgage. Needless to say we ended up selling the house in order to get ourselves out of debt. We have never been able to get back on the property ladder since. We like most people believed that nothing could be done other than pay up. Sadly our mortgage was also with the HSBC and they had us by the short and curlies. This site gave us the courage to at least make an effort to fight back. We are currently at the court stage with the HSBC defending all of the claim. Today we received a letter from the court stating the following.... By the 9th July the defendant must file and serve a comprehensive witness statement from a responsible employee with a statement of truth explaining the banks charging regime and exhibiting all relevant documents justifying it; and if they are discretionary, the decision to apply the charges the subject of this claim to the claimant. In default of compliance by the defendant the defence is struck out on the 10th July 2007 and the claimant may apply for judgement. Has anyone else had this happen or been beyond this point????? Your help would be much appreciated. Dinkydoo