Hi, I'm hoping this will help others in a similar situation. I took out a Debenhams Storecard in 1994, sometime in 2004 this was converted to a credit card. BBC NEWS | Programmes | Moneybox | Store cards may become credit cards Store Cards - Moneyextra.com guides The Office of Fair Trading: Clearer store card conversion for consumers I owed almost £8000, the interest alone was crippling. I did a CCA request to GE and they came back with the Original Storecard Appliction, it was a bit fuzzy and undated, but signed. My initial response was, they've got me! It then got passed to CL Finance and then Howard Cohen Solicitors issued a claim to Northampton Courts. I noticed on the POC that they referred to an agreement between myself & GE money under a Credit Card Reference number and not the Storecard Number on the Application. Also in the POC they refer to a "Clause 7", and their entitlement to add interest at 24.7%. No such clause exists in the Storecard T&C's. I filed my defence on these grounds. I sent a CPR 31.14 to HC. I requested a copy of the agreement they refer to in their claim. They failed to comply with my request, but continued with their claim. It's now transferred to my local court. HC then send the same Storecard Application and offer me the oppportunity to withdraw my defence. I submitted my AQ, along with a Draft Order for Directions. Last week I sent HC a letter, pointing out the difference between a Storecard & a Credit Card and that the T&C's differ. Today I recieved confirmation From HC, they have discontinued their claim.:grin::grin::grin: My conclusion.... A storecard applictation, cannot be used to enforce a credit card conversion. Marks & Spencer also did the same, they also converted Storecards. HELP Court Papers from M&S Everything I have done has been drawn from this site. What I have done is long and complicated but worth it. If anyone has specific questions that they need answers to please post here. I'll do my best to help, based on my experience with GE, CL Finance and Howard Cohen. Good Luck all Debs

Hi, same applies, they have to supply the agreement that they refer to in their claim. Debs

Hi, CL finance is the debt collection arm of GE money. They will still be adding interest & charges. The next letter will be from Howard Cohen Solicitors + fees. Resend your origonal letter to CL,Also insist the account is frozen, send it recorded . Do a CCA request, & a SAR to CL.

Hi hammyhound, just an update. I did the letter to HC, I told them that the Storecard Application they had provided was not the agreement they referred to in there claim, I pointed out the difference between a storecard & a credit card, & the T&C's differ. Letter from HC today, they have informed the courts that they have discontinued there claim. Good luck with yours. Debs

Hi, I'm also disputing a debt with Debenhams/GE Money/CL Finance/Howard Cohens. CL Finance took 2 months to respond to my CPR 31.14 request.They know they have to comply, there just playing silly bu****S with you. File your defence to Northampton, they have not complied with your CPR request & have not provided the documents that they rely upon to enforce judgement. Check the Particulars of Claim from Northampton Court, is the Agreement Reference number they refer to the same as your Original Store card Agreement, do they refer to any clauses that you do not recognise...

Hi, all looks good. Your following court procedures, & you have done everything you can. Get your defence in. The ball is now in RCI's court. There blatant refusal to communicate with you, will only strengthen your case. Good luck.

This is a tricky one. Especially when he won't give you an address. I think you need to go to CAB. They can advise not just on this but also the divorce. They could also write a letter on your behalf, confirming everything you have said. Is he paying his share of the mortgage? Debs

X sounds like a **** for not addressing this problem himself. This is his problem, he should sort it out.Doesn't sound like he wants too. Just so you know, if a creditor does get a charging order on debts in your partners name, it is only on the equity he owns. So should you ever sell the property, you don't lose your share. The concern is, if he hasn't lived with you for 5 years, is he still paying his share of the mortgage.Why is his name still on the deeds.

My understanding is also, that all hearings are recorded. It is not done at the judges request, but a legal requirement to protect all parties involved.

Just an after thought. But has it been 6 years since you last corresponded with NR ? Debs

You can request a transcript of the hearing.

Seriously, I would not discuss any option with NR until you have done the SAR & the CCA. And also, they need to apologise & reimburse you the £75 for the N244. You MUST put in an 'Official Complaint'. Do not assume, that because they are nice & polite on the phone that they are simply going to let this go. Afterall, if they Knew they were in the wrong, why were they pressing on with a charging order.If they new the claim had been granted "Unlawfully", why did they not inform the courts.They do not play fair. They now know your weakness, you have told them you will lose your job, they WILL use this to get you to pay all monies outstanding. Please do everything in writing. Debs

I'm not sure what happens next. I suppose, Northern Rock will be informed, if they choose to defend your application, to stop it being granted , then there will be a hearing . If they accept your application, & your claim has merit, they won't try & stop it. He can't transfer the CCJ. Northern Rock will have to start all over again. There are procedures that need yo be followed before they can take you to court. Firstly, a letter, giving you the opportunity to pay. Then, a default notice. & then a letter before action, & then court. The default notice is an essential prereqisite, they cannot enforce the "Alleged debt" in court if you did not recieve it. This is why your N244 will be granted. If they already have the charge, once you get the CCJ set a side, it will automatically be removed.But I am puzzled by this, if Northern Rock had your address for the charging order, why were they issuing the claim to a different address:confused:.Very very naughty, & a clear breach of procedure. I am confident the CCJ will be set a side. You now have to move 1 step forward. How do you intend to defend the claim when it is issued again ? Is it a credit card or a loan ? In all probability the "Alleged Debt" will have accrued interest & charges, & of course the court fees. You can challenge these. Do a SAR. Debs

Northampton lets you do it online. Not sure about Newcastle. But you can download the forms. Best speak to them tomorrow. You might have to post it, if you do, send it special. There is a charge, it varies, between £40 & £75. As for the timescale, again that depends on how busy the courts are, again, ask the clerk, she will know if there is a backlog of claims, & should be able to give an indication of whether it is weeks or months. I also think, that at this stage, if this claim affects your job, you should write a very strong letter to Northern Rock,they will have a complaints department,send it directly to them. They HAVE to respond to an "OFFICIAL" complaint. No more phone calls, all correspondence in writing, & sent recorded. Outline EVERYTHING, & threaten them with legal action. Keep copies of everything. Debs

If you can prove, & clearly you can that you did not recieve any correspondence from the claimant, & from the courts. Then yes, apply to have the judgement set a side.TOMORROW, it can be done online. I have seen similar cases to yours, & set a sides have been granted. As, I said, speak to the courts, they will help. If Newcastle is not your local court, you can apply to have it moved to your local court, should you need to defend in person. Again, the court clerk will advise. Good luck. Keep us updated, & if you need anymore help, just ask. Debs

Sorry, weve overcrossed. Have you had anything from the courts yet.

No, your not done for. This happens alot, a charging order is given automatically. First thing to do, somewhere on the paperwork should be the claim reference number. This claim will probably have been done through Northampton courts, they handle bulk claims. Tomorrow morning, ring them to get this confirmed. If it was issued through them, they should be able to give you all the info Who issued the claim? When was it Issued? To what address did THEY said all correspondence? If the court docs were sent to the wrong address, explain this. They are usually very helpfull. They should advise you to apply an N244, an application to have the judgement set a side, on the grounds that you were denied the right to defend this claim, as the docs were sent to the wrong address. You will have to provide proof of your current address,bills, council tax, how long youv'e been there, as much as possible. Once the judgement is set a side, the charging order is automatically removed.

Okay, the notification from the land registry. Has the charge already been granted, or is it an 'Interim charging order' ? Debs

Please do it. Don't let this happen to anyone else.

So basically they have resurrected this judge. There is nothing to stop you from contacting the court & making a complaint. I had a similar experience in June, my judge... she was on such a power trip.My blood was boiling. When I contacted the courts a week later, to address some of the points she had made, the clerk informed me she was nolonger an acting judge.Seems I wasn't the only one who thought she was wrong, even the clerk agreed. Put in the complaint. Edited Debs

I'm filing my AQ, midday tomorrow. Also going to send HC a letter pointing out the innaccuracies in the claim, & again asking for a copy of the agreement THEY refer to, & giving them the opportunity to withdraw there claim. Inlight of Seriouslyfedup's success, is it not worth pointing out these "IMPORTANT" issues with Howard Cohen before they file there AQ, you never Know, they may decide not to bother, & it only strengthens your case if they choose to continue. Debs

Hi, Ive been looking through the forum this weekend, & hopefully can shed some light on your problem. GE "Upgraded" storecards, mine was a Debenhams card. M&S were also doing it, basically to get you to spend more money. The thing is,GE got a major bollocking off the OFT in 2004. & yet your card was issued 2007. (The Office of Fair Trading: Clearer store card conversion for consumers). So, to comply with the OFT, there MUST be an agreement. If they try & use the agreement for the storecard to enforce the debt, they are in effect admitting that they have breached the OFT's ruling, 3 years after it was made. Catch 22 for GE. Also take a look. HELP Court Papers from M&S Store Cards - Moneyextra.com guides Debs

Hi Alex Your not alone with this. Also had Storecard, which became credit card. Trawling through CAG today & finding many caggers with same dilhema. Store Cards - Moneyextra.com guides (The Office of Fair Trading: Clearer store card conversion for consumers). HELP Court Papers from M&S Howard Cohen are issuing claims for credit cards & trying to enforce debt with agreement for storecard. Debs Debs

Hi, I notice in post 83, they admit that the Debenhams "storecard" was upgraded. Did it become a "Credit Card" ? If so this will be really enlightning. Store Cards - Moneyextra.com guides (The Office of Fair Trading: Clearer store card conversion for consumers). HELP Court Papers from M&S hope this helps Debbie

Found this, really really helpfull. HELP Court Papers from M&S Debs