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Ask Alice H Your Own Question
Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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The HSBC have put a charge on my house, I have a mortgage with

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The HSBC have put a charge on my house, I have a mortgage with them and I am terminally ill. I wanted to make arrangements to pay the card off monthly but I was in hospital for 11 weeks and there was no chance to contact them.
I think they've taken advantage of a dying man, I couldn't access law and had no idea what they were up to.
If the charge succeeds and I was endure hardship, stress, and my palliative care needs will
not be able to be met. I'm certain they have abused the court process, commercial interest
before the care of a. terminally ill Cancer man, aged 46, been with same bank 46 years, they have showed no compassion in the least. I want to challenge them in theC Court.

Alex Hughes :

My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

Alex Hughes :

Did they get a judgment against you in the County Court?

Customer: Yes but I'm not aware of when or where, or any argument they presented to the court. Sure a court would have aske where was i
Customer: and why was the application being requested etc?
Customer: I have assumed it was a CC judgement but I have seen nothing from a court?
Alex Hughes :

A charge can only be placed on your property with your consent (e.g. mortgage, secured loan) or by law (e.g. court order). If the charge has been applied as a result of court proceedings of which you were not aware your starting point is to make an application to set aside the judgment. You will need to find out the court which dealt with this and the case number ***** make an application using form N244 which can be obtained from the court or the HM Court Service website. When you lodge the application a hearing will be fixed for a Judge to consider your application. If as a result of what you say the judgment is set aside then you can take steps to have the charge removed. It is not unusual for a court to deal with charging order applications in the absence of the defendant - however the paperwork relating to the applicaiton must be served in advance of the hearing. If this has not happened then failure to serve the paperwork properly will also be a ground to set aside the judgment.

Alice H and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Excellent advice, I can now push HSBC to conduct themselves according to the necessary legal protocols and may encourage them to offer some good will. Many Thanks, I may need to come back to you.
My pleasure. Have a good day.