sorry, to hear of your problems. If they have provided a valid agreement, but you can clearly prove that you were misold the PPI, then this maybe your strongest defence. I don't have any knowledge of PPI, but have seen it mentioned alot. Were GE aware of the PPI dispute when they assigned the account to CL ? I would have thought, if you can prove that the PPI effects the amount being claimed, you can prove this & have made both GE & CL fully aware of this. You will have to prove to the judge that you have made every effort to resolve this, lots of letters, + proof of delivery, if CL continue to ignore you, this will only work in your favour. Are you able to get a Doctors letter confirming your ME ? Is the stress of this affecting your illness ? You must make the courts & CL aware of your condition. I have always found the court staff to be very helpfull & understanding. The forms they provide are very confusing, I think they were designed deliberatly to confuse. I really struggled. Without this site, & help I wouldn't have had a clue. . Also, have you considered contacting CAB. They would probably be able to negotiate for you, even if, to just ask the courts for a postponement. Debs:)

With POC where a storecard conversion has taken place, the overall defence is that Howard Cohen are referring to an agreement that doesn't exist. Everything in the POC are incorrect No regulated agreement between the defendant & Santander No agreement with the ref no they refer to in the claim. And the point about "Clause 7". They did provide an agreement, but it was for the storecard, its clause 7 referrred to something completely different. It was obvious that the storecard agreement I had signed was not the one that they could rely upon to enforce the claim. All these points together, along with a letter making them aware of the OFT's ruling, forced HC to withdraw the claim. I would be careful about relying upon 1 mistake. Debs

My mum had a similar problem with a neighbour. While she was away he climbed over the fence & cut down a perfectly healthy tree. When she confronted him, he said , he thought she wouldn't mind as the tree "Wasn't doing anything" We got advice from our local police, who were very helpfull. Entering her property was trespass(Civil offence). Cutting down the tree, criminal damage.Removing the tree, Theft. He advised us to put these issues in writing, & resolve matters . But was adamant that if the neighbour failed to recognise what he had done was wrong, & made amends. To go back & make an official complaint to the police, was this process begins, there is no turning back.

Ok, there are 2 very distinct problems with the POC. firstly, Santander only took over GE last year, yours was origonally a storecard with GE. & yet the POC incorrectly state that you entered into a regulated agreement with Santander. secondly, "Clause 7". I can guarantee you 100% that this clause is not on your Storecard agreement. With my case, the storecard agreement reference number was different to the credit card reference on the claim. You must insist, in all correspondence that they provide the agreement they refer to, with the correct ref no., & "Clause 7". Debs

A DSAR , Data Subject access request. You will use this to get copies of all your statements, + all data that this company holds on you & your account,this should be all correspondence between you, your agent & the lender, whether paper files or electronic. Yes you MUST go to the police. A crime has been comitted & you are the victim. You will be given a crime number. Only go ahead with the appointment if it is at there offices. Do not under any circumstances invite these people into your home. Debs

If you have not received a NOA, then CS have absolutely no legal right to be phoning you. I will have a look for the letter, in the meantime, I suggest you refuse to answer there security questions. If you do this they will terminate the call. Keep a log of the calls, & threaten them, CAB will advise you to report them to the police. Good luck Debs

Have you considered going to the police ? Also use your CAB, they will be able to help compose letters . As an agent, appointed by this company, you cannot be held responsible for her failure to do her job. Do a DSAR, you want statements from day 1 showing just what your current balance is. And a copy of the credit agreement, showing how much you borrowed & the interest rate, & your signature. These people are below ****, don't speak to them on the phone.Insist that all correspondence/demands be done in writing.

As long as the judgement hasn't been entered, then yes you have time. If your concerned, phone the courts & find out at what stage your case is, & if HC have progressed it any further. I did this, as I didn't spot the difference until the last minute, & then faxed my defence FAO, the person I spoke to. I phoned her later, & she confirmed she had it. They are normally very helpfull. So don't panic. Debs

Sorry, but if they are saying you are a guarantor, they must have some form of legal document, that has your signature, to support this. If they are threatening legal action, you could instead of a CCA request, use CPR 31.18. full disclosure of documents they would rely upon to enforce a claim. Debs

:) debs xxxx

Hi, If the account was "Upgraded",ie, they converted it from a store card to a credit card without you signing a new agreement, the account is unenforceable in court. In all correspondence you MUST demand a copy of the agreement they refer to in there claim, that includes the reference no. they refer to, & rely upon. Attached with your AQ, you need to "Direct the Judge", for full disclosure of the documents they refer to in the claim. Don't send HC copy of AQ. Instead send letter informing them that they have failed to comply your cca rquest. Howard Cohen/GE Money discontinue claim debs

CSL are not a company that you should speak to. Do not acknowledge anything with these people, they are ****. Have you had a "Notice of Assignment" from the original lender?

They only backed down at the very last moment. I suppose IF you accepted the £25, you would in effect be admitting the debt. once that happens they can go for more. Good try by HC. Debs

I accept this, & totally agree with you. But this is from someone who tried to do the right thing, made payments for over 7 years as required, even when times were really hard. Only to be totally & utterly treated like **** when I felt I'd paid enough...£30K. At the charging order, morally the judge accepted this , but legally had to grant the charging order. So, consider this. ok, you can afford to pay now. But what if, a few years on, your circumstances change. Will they be as understanding as you are, will they consider your situation, or will they do whatever it takes to extract as much money from you as they can, whether you can afford it or not. Debs

I would resend the CCA, with a NO I won't correspond via email.How dare they refuse to comply with your request. Enclose the "Debt in Dispute" letter which includes the " I'll have you for Trespass if you darken my door......" Debs

Hi, this will help. Howard Cohen/GE Money discontinue claim Let me know if you need anything more. Debs

Hi, When you say Debenhams Store Card initially (from 1995) Was it "Upgraded " to a credit card. Debs

I'm sure others will confirm,& from my own experience, HC will keep going until the 11th hour, in the forlorn hope that you will back down. Did it include a letter advising you to drop your defence, & threatening high court costs if you lose. When HC did exactly the same to me,a few statements, the NOA,but they failed to provide the agreement they referred to in the claim. I sent them a letter, I gave them the opportunity to withdraw there claim, I would be claiming all my costs. They discontinued the claim. Don't be intimidated by these people.This is how they win. Good Luck Debs

Well for a start, you have the right to know who exactly owns this debt. This would be a letter to you, headed "Notice of Assignment". They cannot play Ping Pong with this account, you need to contact all the relevant parties involved, the origonal CC company, the DCA & the Solicitor, do DSARS, to find out: Who owns this debt. Where have your monthly payments been going. Are your payments decreasing the account balance.....you see each time they write to you, pass the account, it incurrs charges. Its time to take control, let these people know that you are fully aware of your rights as a consumer, & there obligation to follow the correct procedures. Good Luck Debs

If or when they try to make a claim in court, they will refer to your agreement under reference number xxxxxxx. In order to enforce there claim they will have to produce this document. Any agreement/document with a different ref no. will not be accepted. Good Luck Debs

Hi all, having same problem. Howard Cohen/GE Money discontinue claim I am now getting daily calls from Santander. They say : They are GE money (Nothing in writing). They have bought acc back from Link ( No NOA/DOA recieved from Link/Howard Cohen). Have stated that because of Data laws they cannot ask Link for details about this account. I should request & forward it on to them. Debs

They need to come up with a CCA with this account number. As this is the reference they will refer to if they attempt to make a claim. Have you done a CCA request? Debs.

I love the confidentiality clause. They really really just don't get it. Your made of stronger stuff then they have encountered before. Debs x

In my case, they failed to respond in time. The case was stayed, but only for a month. They then continued with the claim, even though they had not responded to my CPR 31.14, full disclosure of all documents. Howard Cohen, only withdrew the claim, after the case had been transfered to my local court,I had filed my AQ, & importantly asked the judge to force HC to provide the documents they refer to. I was able to use the storecard conversion as part of my defence, because they did produce an agreement, but it wasn't the agreement they referred to in the claim. Your case is stronger, they haven't come up with anything. They will continue, & will only withdraw at the very last moment. They will assume wrongly, that by applying undue pressure, & threats you will back down first.

Sometimes, its the simplest things, that are initially missed, which can be your strongest weapon. CL must produce an agreement, but also one which contains "Clause 7". They refer to it in their initial claim, & are therefore legally obliged to produce it. Debs