Troodles, I'm pretty sure there is a procedure whereby you are able to amend the details of your claim prior to the hearing - in Scotland (where my sister is claiming) is different this is called an 'incidental application'. I'm sure there is an English equivalent. I wouldn't rely upon anything that is not in writing if you have to appear in court. I'm even somewhat sceptical of emails. The Banks are big organisations that either deliberately, or by error, often give out misleading/and or contradictory information. It might be, for example, the guy you spoke to on the phone simply 'got it wrong'. Far better to carry out all communication in writing - you have a record, and the advantage of having tiome to think about what you really want to say. Probably the best thing to do to get up to speed on court procedure is get the book advertised on this site - I've got a copy but haven't got it in front of me. From what I can remember it's pretty good on small claims procedures. You are lucky that your claim is issued in England and not Scotland - the upper limit for small claims is £750 in Scotland. I can't remember if there is a cost attached to any amendments - if there is, claim that as well. There will almost undoubtedly be further forms to fill in - such is life! In the light of the recent setback at a district court in Birmingham (Lloyds Bank successfully argued that their charges were for services, rather than penalties), you should also get hold of all the details of the Terms & Conditions that Barclaycard has applied to your account since you opened it. You can get contact details etc from the Barclaycard thread on this site. The Terms & Conditions are important because it is these that allow you to argue that bank charges, and credit card charges, are penalties and not services. You need to read these very carefully and identify exactly which clauses support the 'breach of contract' argument, which ultimately is the legal principle that you are relying upon. I'm not a Lawyer or legal professional by the way . . . . so any advice given is merely my own opinion, but I hope you find it helpful. Andy Mc1

Troodles, 1. You're going to need your statements whatever happens. 2. What were the particulars of claim that you put on the papers you submitted to the court when making your claim. 3. What was the defence Barclays entered? 4. What paperwork did you receive from the court when you were informed that Barclays had entered a defence? 5. Has a date been set for a hearing? If so, which court. Andy Mc1

Hi Troodles, Don't panic! Is your claim in England or Scotland? I am currently helping my sister persue a claim against Barclaycard in Scotland, and they put in a defence. My sister went to court on the day of ther hearing to find that no-one from Barclaycard, Barclays Bank or their solicitors turned up. The Sheriff issued a 'decree' in my sister's favour. Apparently, she may have to back to the court to have the decree enforced should Barclaycard not pay up. From what you say in your post you need your statements. Often you can get these by going into your branch with your SAR (& the £10 maximum fee). If you did not have your statements at the time you issued your claim, how did you calculate how much you were claiming for? I think you need to look at your N1 carefully (or did you do this on-line?). Then read the guidelines of making a claim available from the courts (or probably on-line). You may wish to pay particular attention to anything that mentions 'amending your claim'. If you wish to calculate interest from the date of each charge then take a look at the spreadsheets available on this site. Bear in mind you need to be able to justify in court why you are entitled to thedse amounts. In the alternative, you are able to claim statutory interest at 8% - not both. Barclaycard appear to be reluctant to settle claims outside of the courts. Look at the material on this site that is relevant to 'wasted time'. If they fail to turn up at a hearing, or you have given them ample opportunity to settle with you - you might want to consider using the phrase 'vexatious litigants' I think this is the correct term. Hope this helps Andy Mc1

Hi, Just heard from my sister - Barclaycard failed to show up at the Glasgow Sheriff court today. The judge has issued a decree in my sister's favour. Apparently, if Barclaycard fail to respond my sister will have to apply to the court once more to have the decree enforced - but Barclaycard can still defend the action at that time - is this right? Barclaycard surely are `vexatious litigants' in this instance (they failed to show up) so should have no right to have a second shot at defending their position? Or is this one of the differences in Scots law compared to English law?

Hi, I've been trying to assist my sister in her claim against Barclaycard, which is due to be heard in Glasgow & Strathkelvin sheriff court tomorrow. Barclaycard have made a payment of the difference between the OFT 'guide' price of £12 and the actual charges that have been imposed. My sister didn't accept but Barclaycard put it into her account anyway. She is pursuing Barclaycard for the remainder. My sister does not have a computer, and so is unable to participate in these forums. Does anyone have experience of suing Barclaycard through the Scottish courts? Are Barclaycard likely to settle at the 11th hour? Or will this be the one case where Barclaycard actually defend? Andy Mc1

Result! Got no reply to my letter - but got £259 refunded on 20 Dec, then another £10 on 11 Jan (which actually totalled £3 more than I was claiming).

Sent letter 29 November asking for my money back. Received a letter dated 4 December stating our charges are fair and transparent etc . . . . with offer of £76 goodwill gesture. Now proceeding to LBA for full amount. Good programme on bank charges BBC2 December 12 - expect an influx of new members!

Hi, Just an update. Eventually got all the statements from Halifax. No information on 'manual interventions' though. I'm putting action on hold for now, as I've recently been to court to get a Financial Dispute Resolution (FDR) over the equity in the former matrimonial home. One of the likely outcomes is that my ex-wife will be able to get a mortgage in her own right, thus releasing me from the mortgage covenants. Obviously commencing any action before my release from the mortgage, may prejudice being released.

Got charged recently (£38) for a cheque that was returned (cleared on re-presentation). So I tried to persuade the bank to return my money . . . . and they would have done so if I had signed a letter indemnifying the bank against any future claims on my part. I was not willing to accept these conditions and sent off my S.A.R - (Subject Access Request) 31/10/06. Got the statements within a week. Well, not all the statements. So have written to the bank (JE Tudor) once more for the remaining statements. Is it me, or am I right in thinking that banks and building societies are trying to circumnavigate the Data Protection Act by only supplying records that are consistent with the statute of limitations? Anyway, a cursory look at the statements I have reveals over £260 in charges since June 2001. Obviously not a fortune, but important to someone like me on a part-time academic contract. Once I get the remaining statements I'll be able to see the full picture. As my branch of RBS is in Glasgow (I live in England), does anyone know if I am covered by Scottish legal jurisdiction (i.e. limited to claiming 5 years worth of charges), or as long as I initiate legal proceedings in England, will the limitation of 6 years apply? Andy

Many thanks for advice - have contacted Ken Patton at HBOS with the good news that he'll have to send more statements, and that the 40 days are up.

Many thanks for posting the guidance notes for ounitive charges on mortgage accounts. I have today received a response to my S.A.R to Halifax plc - 'Further to our conversation I would apologise that the copy statements requested have not been received. Enclosed is a further copy of the statements from January 2000, and I trust that this meets with your requirements. With regard to your request for information relating to manual intervention on your account, HBOS plc is under no statutory oblibation to record this informaton and therefore, I am anable to assist with your request.' This raises two points that other forum users may be able to clear up for me - 1. Am I entitled to the entire account history of my mortgage under the terms of the S.A.R? I have received only the last 6 years worth. 2. Aren't HBOS/Halifax obliged to record manual interventions? A cursory look at the statements shows that calls are logged and actions recorded. Apologies - just very new to all this! Andy Mc1

Thanks for reply. That was my understanding also. It seems somewhat strange for RBS to tacitly concede that they have no legal right to make punitive charges (they offer to refund the charge), whilst at the same time attempting to coerce me into surrendering my consumer rights in perpetuity (to get the refund - sign a letter indemnifying the bank against my lawful rights) which requires a change in current legislation. According to staff at the bank, this advice has come from their 'legal team' - who, I presume are aware that the law making body in this country is Parliament not the 'legal team' at RBS! I could be lazy and just sign their letter and get the charge refunded, but I am more inclined to tell them that the law is clear on the rights of consumers in this instance, and that all I am asking is that they operate their business within the law. Andy

Hi, I recently discovered a £38 charge on my account for an unpaid cheque due to insufficient funds - the cheque was subsequently re-presented and cleared. I wrote to RBS seeking the return of my money on 25 September and had no reply. I phoned my branch today (10 October) and was told that the bank would return my money providing I signed a letter stating that I would not seek any further refunds for charges on my account. They would send a letter to that effect and would not return my money until I returned it with my signature. Am I right in thinking that (i) this is inconsistent with the law, as RBS have unlawfully imposed a punitive charge? (ii) Can an individual indemnify a bank when the law is clear over punitive charges? Has anyone else received a similar response from RBS? Andy Mc1

Many thanks - I'll post again when I have any news.

Hi, I am reclaiming charges on a Halifax mortgage account. I have sent the Data access letter on 06/09/06 with the £10 cheque and am awaiting a reply.