Bless you - that looks FANTASTIC PT!!!!! OMG - I never thought Id see that title - YeeeeeeHa!!!! How do I thank you??!! How? My verbal thanks almost seems insignificant in a way, but believe me its far from that. If I could go around hugging & squeezing you all I would!! Here's huge breastical huggles to all those who want them - tee hee!! ...and platonic ones to those that dont!! Yeeha! Yeeha! Yeeha!

Hi Everyone, I HAVE SOME NEWS!!!!!!!!!!!! Today I received a letter from CL's solicitors which says........ ....."After further consideration our client has decided not to pursue this matter any further, therefore the Claimant is prepared to withdraw their claim against you"!!!! It is of course based on the premise that I withdraw my Counterclaim, and they have sent copies of documents for me to sign which state. 1. The Claim against the Defendant be discontinued 2. The Defendants Counterclaim be discontinued 3. There be no order as to costs. These are stated as a Consent Order, of which there are 3 copies for me to sign & return to them which would then be lodged at the court asap. OH MY GOD!!!! Is this really true & happening???!!! The stress, the sleepless nights, the migraines, the hellish worry & unimaginable hard work of not ever knowing if what I was doing was 100% good enough or right (other than the amazingly superb advice from you all here). I can hardly believe it. I wept when I received & read the letter. Its been a hideous & all consuming battle, but it seems that Ive almost come through. Feel that, that should read "We" really after the immense, immense, immense, immense & superb, brilliant help received here :0) Thank you all, my God thank you, for the unconditional support here that has undoubtedly assisted in a positive outcome. I shall at the earliest possible moment contribute appropriately to CAG, & will always be available to anyone that feels they may benefit from my own experiences from the past 15 months. I still would benefit from some advice however, just to doubly check that I am still on the right course, as I really would like to say to them that I would actually like them to remove all/any negative data they put on me because of all this. Can I request that they do this or is it naturally deleted by them? It does however look good doesnt it?! Luuuuurve, A very smiling & beaming & happy Electric Lemon tonight!

When I handed it all in I gave them a copy for CL finance, but didnt send them one. I wish they would hurry up & contact me! I'd be more than open to negotiation but for some reason they have never ever offered me anything. All I ever got from them was a court letter - nothing before not even a courtesy letter suggesting I make offers of payment. They just went straight for the jugular. Ive always wondered why as Ive seen many here that have payment plans with them??????

Hi Guys, Not heard a flamin bean?! However, I realise that I omitted to send a copy of the amended defence & CC tp CL's solicitors. Was this an imperitive or was it something that may have sped a resonse up from CL? I wasnt under the impression that it was a 'must'? Can anyone clarify please? Many thanks, Leccy x

Ive not been around for a while - been working on other threads. Today is certainly a positive step in the right direction, but could takes another couple of years though coudnt it? Anyway, can I ask - I was only 3 weeks away from getting settlement in August last year. Had the verbal offer, but then the Judge said it would have to wait till this test case outcome. When things do, & I believe they will, get sorted, how does this affect my particular outcome. I put in a claim which was due to be heard 3 weeks before the S*** hit the fan last year & all payments were stopped. My claim accounted for the past 6 years, but when claims are paid off, that will still stand wont it? They wont try to weedle out of it & say...make another claim base on the past 6 years from whenever it may be will they? Cause if that were the case then I wopuldnt get a bean!!

When I say limited knowledge...I mean mine, not anyones on here:)

Thanks Caro. I dont know if Ive done enough?? However, I have done my best with the limited knowledge I have. Hope Ive at least made some kind of mark. Heres hoping.

Thanks so very very much Chris for being there for me today. Honestly, honestly, dont know what I would have done without you today. Wish we werent always having to be anonymous then I could buy you a large one at the local! or take you for a bite, or send you some flowers, or buy an enormous box of choocies!!!!! That goes for everyone to be honest! Im off to the Courts now - Gulp! Its now just a case of waiting & seeing. Feel like Im going to sleep for a week!

An Order from the Court enforcing the Claimant’s compliance with the Defendant’s statutory notice under s.10 and s.12 of the Data Protection Act 1998, (issued to the Claimant on 24 September 2007, a copy of which is attached to this counterclaim statement) and damages at the Court’s discretion due to the Claimant’s failure to comply with that notice; tHIS IS YOURS ISNT IT cHRIS??? Can I put in copies of the 2 x orders that CL failed to adhere to in my counterclaim package?? Thanks. This would be it & then I can go down to the courts & submit it - hoo flamin ray! Do you know I have had a cluster of 4 migraines this week beacause of this!!

Ok, Here we go last question on the defence. The only statements that CL supplied showed 4 statements with £15 charges. I presume that I put these here as detailed below?? 5. RIGHT OF SET OFF FOR CHARGES. In the alternative if, which is not admitted, the claimant has produced adequate evidence as to the outstanding amount owed, throughout the course of the agreement, the claimant added numerous default charges (amounting to £60.00 as per the attached schedule 1) to the Account for my failure to make the minimum payment on the due date and or for exceeding the credit limit and or if a payment is returned. (Particulars of those months in statements provided by the claimant are set out in schedule 1). Hope this is right as then I will have amended the amended defence! Thanks Chris - You're my saint!

Question: 6. Prejudiced caused in respect of failure to provide necessary data My right of set off exercised above does not reflect the probable charges made in November 2002, March 2003, September 2003, October 2003, March 2004, June 2004, July 2004, August 2004, November 2004, December 2004, January 2005, March 2005, April 2005, July 2006, August 2006, September 2006, November 2006, December 2006, January 2007, at current interest at the rate applied by GE Capital Bank Limited @ 27.5%, totals £1454.52. (see schedule 3 ). Accordingly, I exercise my right under s13 of the data protection act 1998 to take legal action for breach of the data protection principals. These principals require Data Controllers to retain data for as long as necessary and it has been shown above that GE Capital Bank Limited failed to do so. The claimant has purchased all rights and duties of the Credit Agreement, and these duties include statutory duties under the Data protection act 1998. I estimate these damages to be equivalent to the amount the claimant believes outstanding, and I ask the court to exercise set off in respect to this amount. Im confused here?? Should I put in the amount estimated that I have calculated??? OR Should I leave the amount out as Tomterm had thought it best that I say the amount is almost the total?? If so how can I put in a schedule?? HEEEEEEEEEElp. Many thanks anyone thats out there.

Thanks so much Chris, thats such brilliant help. Could I ask you to scan over thread posting number '521 at the top of the page here. Its the help that tomterm gave. Im so sorry if I come over as being thick as 2 short planks(!), but I cant see a divide between amended defence & counterclaim? I think it is all amended defence? Is that right? Would I put the Woodchester lease statement in both the amended defence & the counterclaim part as I would be CC'ing £1000?? Thanks so much.

Tom term, Think you may have missed this question earlier - Im confused? Where you have stated " Right of set off for charges" - Is this the Counter-Claim part? And if so shouldnt I put it in under that heading, or should it all go in together? Am I not in the position that while the claimant fails to provide statements of account for the duration of the agreement, it cant prove what the amount outstanding on the account may be, so even if all technecalities were completed, with an enforcable credit agreement provided, the Court still cant enforce the debt???? Any offers anyone Can I not include the "Woodchester Lease Management V Swain" re the Default & NOA as them being unenforcable due to the penalty charges????? How do I quote this? Also, I have looked on how I can get a % rate for PPI & there is nothing anywhere that I can go by i.e. anything stated on the agreement re % rates for unlawful borrowing. I presume then that I may as well charge at their normal borrowing rate of 27.5%. At the end of the day it will just give them an idea of what I aiming for wont it? I have to get to bed now & Im at work tomorrow - can I ask is anyone around on Weds if I need to ask/get last minute advice?

Just found this posted previously by "Kingdom" Hi Electric Lemon I counterclaimed against GE Money although against CL Finance for late payment charges and mis-sold PPI, because CL finance didn't send any paperwork in the judge through it out. I have now to take GE Money to task for the money back, they did make an offer before it went to court which I refused, so they passed it onto CL Finance to cause as much trouble to me as possible and delaying tactics. I can send you a copy of my defence if you wish how much would your counterclaim be for. Regards Kingdom Sadly I have been unable to get hold of him/her despite trying repeatedly.

Hi there, Tom, Firstly, thank you for all your hard work in helping me. Ive gone through everything & I just have a couple of questions. 1. Where you have stated " Right of set off for charges" - Is this the Counter-Claim part? And if so shouldnt I put it in under that heading, or should it all go in together? The reason I ask is because I found an amended defence/CC by CAR2403 that looked very different & was under specific headings? (This is in Car2403 V HFC BANK Thread 67) 2. Am I not in the position that while the claimant fails to provide statements of account for the duration of the agreement, it cant prove what the amount outstanding on the account may be, so even if all technecalities were completed, with an enforcable credit agreement provided, the Court still cant enforce the debt???? Any offers anyone - PT are you there?? 3. Can we not include the "Woodchester Lease Management V Swain" re the Default & NOA as them being unenforcable due to the penalty charges????? 4. What about the fact that I wasnt in receipt of the default. Isnt it the case that they need to show it was sent i.e. proof of postage??? 5. When I calculate the charges Im unsure what % to show on the calculations??? There are 2 stated on the credit agreement: 1. 2.05% per month APR 27.5 for direct debit payments 2. 2.17% " " APR 29.3 for payment by any other means 6. What do I put as a % for the ?PPI charges on statements as "Account premium protection"??? 7. Should it not be quoted about the CCA S.77a CCA 1974/S.6 CCA 1996 regarding the fact that statements must be provided? Many thanks Tom, & anyone else that may be able to help. Tom, Im not disputing anything that you have very kindly written, but am trying to see if there are any suggestions of mine that may be valid options or worthwhile considering from my legal peanut of a brain!?

Tom, I could weep - Its so good to see you. Thank you for being here for me. Thank you for your help & truly being a rock. I shall go over everything in the morning. You have given me a better nights attempt at sleep tonight than I had thought possible before your posting. Thank you.

Hi Caro, Many thanks for your input. I would like to say though that I have done nothing but "self-help" since Ive been here which is over a year now. I would never ask someone to simply do all my work, but there is much regarding the legal side of things that I just dont understand or know how to do, & thats where & why people come here, to get assistance about & regarding legalities that in any normal person theyve never done before and/or frightens the pants off them! The likes of PT, Tomterm & many others have been, & as far as I am aware offer their expertise happily & readily. I dont have any level of expectation here, but am grateful for when these offers are made available to me. I have a defence that I posted up above on No '517 under No'299. This needs to be amended with the particulars that Ive posted in 518. But, I dont know how to put all this in in legal terms for an Amended Defence/CounterClaim (as Ive not done it before!), & with what may be accompanying extracts from previous cases i.e. "Woodchester & Woodchester" that may boost/assist/support my case. There may have been people here that have already had dealings with CL FInance & been in a similar position? There may be people that are real "legal Eagles " & can help with this? There may be people here that have produced an Amended defence & Counter Claim that can post one here so I at least have some idea of how to do one/see how it is formatted??? Ive even googled this & that wasnt any help at all. I have spent some nights here trawling trying to find an AD/CC & not been successful at all. However there must be loads somewhere. I would really like to see if someone can post theirs previously used so that I could adapt it to use for my case. Does this sound like a legitimate option? The thing is Caro I cant self-help you see if Ive not done one before????????? I hope you can understand. Its been such a long journey here against this company & against this flaming Judge , who many here who have read my threadknow & realise should have thrown this case out ages ago. I would also benefit from those at CAG who feel that this may not be advisable to actually go ahead & if thats the case, what would be the next step in organising negotiations. Do I call CL??? Im very tired as I have 2 babies who never seem to sleep at night & are exhausting. I work too & have tried my utmost to keep abreast/work hard on this. I really dont want to give up now, so if there is anyone there who can help I would be eternally grateful. Many thanks, Electric x

The main issues are as follows: 1. That CL finance have failed to produce all the statements pertaining to the account, of which 19 months worth are still missing. 2. There are charges on the account which come to approx £200. Interest of course would have to be added to that. 3. In addition there are 19 months of statements missing of which one would have to assume all have charges as they are unable to prove otherwise. Going by their charges these would have to be £15 unpaid direct debit, £15 late payment charge. That would make 19 x £30 = £570 + interest going back from between 2002 - 2007. 4. In addition there are some weird charges which I believe are PPI. They appear on statements from 2002 - 2004. These amount to £200, and are shown on statements as "Account Cover Premium". There would be interest on this too, & of course one might have to consider claiming back monies for the statements that are missing making this go up further. 5. There is the fact that they failed to adhere to 2 x judges orders for the statements. 6. They admitted in Court that they were no longer able to obtain the missing statements. 7. There is the fact that they didnt put in theire AQ on time & had to be threatened by the court & were given another date to do so by. 8. There is the fact that the NOa & DOA figures are not equal - there is a £1 discrepancey in the amounts. 9. There is the fact that the NOA was not sent to me & I had to be sent a copy by the judges orders. 10. There is the fact that the NOA is invalid because the amount is wrong on it as it has penalty charges on it. 11. There is the big fact that the NOA was sent to me on the friday & the claim was made against me on the Monday rendering the claim made against me before the NOA could get to me - loved this one as the judge got the eebie-jeebies about this one! Phew! Ive got all the facts - I just done know how to put it all together guys :o) Thanks so much for your help. Leccy xx

Hi there everyone, Can I call upon PT & Tomterm particularly for your assistance for my amended defence & Counterclaim. I remember that PT very kindly offered to assist with preparing a "Stonking" defence!! Would be so grateful & Im grossly lacking in confidence here :o( Here are a couple of reminders of the case: Here are some details from the beginning though it may be in stages: From page 2 The particulars of CL's claim are stated from them as follows: 1. The Claimant's claim is for the sum of £**** being monies due from the defendant to the Claimant under a regulated agreement between the Defendant & GE Capital Bank Ltd under reference **** **** **** ****, and assigned to the claimant on the &th March 2007 notice of which has been given to the Defendant. 2. The Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon Defendant pursuant to section 87(1) of the Consumer Credit Act 1974. 3. Pursuant to clause 7 of the agreement, the claimant also claims contractual interest at a rate of 24.573% per annum from the date of these proceedings to the date of judgment, or sooner payment, accruing at a daily rate of £1.57. Please also remember that I have in my hand a written letter from the solicitors dated 9th March 2007 saying that they hereby give notice that GE Capital Bank have by an assignment dated 7th March between GE Capital & CL Finance assigned the debt & that I am to pay CL Finance. Oh & also the solicitors told me when I called that the claim went to the court on the 6th March. Despite me having until the 8th!!!!!!! Just to remind...A S.A.R - (Subject Access Request) went off on the 12th March to GE & also I requested all transcripts of conversations made on the same letter. They said there were no records of this! ##299 ( permalink) electric lemon Gold Account Customer Join Date: Feb 2007 Location: South West Posts: 529 Re: ILLEGAL CCJ on ACCOUNT - DESPERATE! A). Default Notice was issued on 22nd March by ...Letter says, GE Money, with address at bottom as P.O. Box 700, Leeds, LS99 2BD. States GE Money is a trading name of GE Capital Bank Limited. B) Unfortunately, all name & address of mine is correct as is account number. C) The default notice was issued before it was assigned to CL Finance. D) I received NO NOTICE from GE Capital that the a/c was to be assigned. One day I had a normal statement & the next day I recieved a default notice from GE Capital! E) The Default Notice state that I had until the 8th to pay in full or call with payment proposals. F) I have written evidence from the solicitors headed - Notice of Assignment, dated 9th March. It states that they have an assignment dated 7th March made between Cl Finance & GE Capital Bank Ltd & assigned to CL Finance for the said sum of £**** G) I know that this probably cant be submitted as its classed as 'heresay', but for what its worth, a girl whom I spoke to at Howard Cohen Solicitors the day that I received the CCJ, said that GE had passed the debt to Viking Debt collectors on the 6th March, before the said time that GE Capital had given me to respond/pay!!!!! She was quoting from paperwork in front of her, & I would presume that as they have to show all paperwork pertaining to this situation in Court it would show up. H) There have been charges to the account for returned cheque/late payments etc. Gold Account Customer Join Date: Feb 2007 Location: South West Posts: 529 Re: ILLEGAL CCJ on ACCOUNT - DESPERATE! This was my defence: On the 30th March 2007, the Claimants received by guaranteed next day delivery, a written request for a copy of the credit agreement the alleged debt refers to. The Claimants were advised that as this matter was subject to legal proceedings, the information requested must be furnished by the 8th April 2007, to enable me to file a complete defence and counter-claim. The Claimants have failed to produce a credit agreement to substantiate their claim that monies are owed under a regulated credit agreement.Therefore I do not acknowledge that any debt is owed to CL Finance. The Default Notice dated the 22nd February 2007, was not received until the 3rd March 2007, which failed to provide the requisite fourteen days to remedy the alleged breach of contract, as required under the Consumer Credit Act 1974. This renders the Default Notice invalid. Additionally, the amount requested in the Default Notice was in excess of what was actually required to remedy the alleged breach of contract. The amount claimed contains penalty charges, which are unlawful at Common Law, under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999. The Default Notice had to be accurate to be enforceable, the inclusion of penalty charges renders it legally invalid. The assignment of the alleged debt from GE Capital to the Claimants is unlawful, as I have never been provided with written or verbal notice of the assignment, despite the Claimants assertion to the contrary. I put the Claimants to strict proof that notice of the assignment has been furnished to me. I dispute that the Claimants are legally entitled to claim contractual interest at the rate of 24.573% per annum, accruing at a daily rate of £1.57, from the date these proceedings commenced, to the date of judgment. The Claimants have not proved that any agreement exists and what the terms and conditions of any such agreement are, which precludes them from claiming contractual interest. I would respectfully ask the Court to stay these proceedings until such time as the Claimants provide the information I have already requested, or the Court orders the Claimants compliance with the same. I will seek the permission of the Court to amend my defence accordingly, should the Claimants provide the information they have to date failed to furnish.

Hi there everyone, Can I call upon PT & Tomterm particularly for your assistance for my amended defence & Counterclaim. I remember that PT very kindly offered to assist with preparing a "Stonking" defence!! Would be so grateful & Im grossly lacking in confidence here :o( Here are a couple of reminders of the case: Here are some details from the beginning though it may be in stages: From page 2 The particulars of CL's claim are stated from them as follows: 1. The Claimant's claim is for the sum of £**** being monies due from the defendant to the Claimant under a regulated agreement between the Defendant & GE Capital Bank Ltd under reference **** **** **** ****, and assigned to the claimant on the &th March 2007 notice of which has been given to the Defendant. 2. The Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon Defendant pursuant to section 87(1) of the Consumer Credit Act 1974. 3. Pursuant to clause 7 of the agreement, the claimant also claims contractual interest at a rate of 24.573% per annum from the date of these proceedings to the date of judgment, or sooner payment, accruing at a daily rate of £1.57. Please also remember that I have in my hand a written letter from the solicitors dated 9th March 2007 saying that they hereby give notice that GE Capital Bank have by an assignment dated 7th March between GE Capital & CL Finance assigned the debt & that I am to pay CL Finance. Oh & also the solicitors told me when I called that the claim went to the court on the 6th March. Despite me having until the 8th!!!!!!! Just to remind...A S.A.R - (Subject Access Request) went off on the 12th March to GE & also I requested all transcripts of conversations made on the same letter. They said there were no records of this! electric lemonView Public ProfileSend a private message to electric lemonFind More Posts by electric lemonAdd electric lemon to Your Buddy List 21st February 2008, 20:58 #299 (permalink) electric lemon vbmenu_register("postmenu_1390653", true); Gold Account Customer Join Date: Feb 2007 Location: South West Posts: 529 Re: ILLEGAL CCJ on ACCOUNT - DESPERATE! A). Default Notice was issued on 22nd March by ...Letter says, GE Money, with address at bottom as P.O. Box 700, Leeds, LS99 2BD. States GE Money is a trading name of GE Capital Bank Limited. B) Unfortunately, all name & address of mine is correct as is account number. C) The default notice was issued before it was assigned to CL Finance. D) I received NO NOTICE from GE Capital that the a/c was to be assigned. One day I had a normal statement & the next day I recieved a default notice from GE Capital! E) The Default Notice state that I had until the 8th to pay in full or call with payment proposals. F) I have written evidence from the solicitors headed - Notice of Assignment, dated 9th March. It states that they have an assignment dated 7th March made between Cl Finance & GE Capital Bank Ltd & assigned to CL Finance for the said sum of £**** G) I know that this probably cant be submitted as its classed as 'heresay', but for what its worth, a girl whom I spoke to at Howard Cohen Solicitors the day that I received the CCJ, said that GE had passed the debt to Viking Debt collectors on the 6th March, before the said time that GE Capital had given me to respond/pay!!!!! She was quoting from paperwork in front of her, & I would presume that as they have to show all paperwork pertaining to this situation in Court it would show up. H) There have been charges to the account for returned cheque/late payments etc. electric lemonView Public ProfileSend a private message to electric lemonFind More Posts by electric lemonAdd electric lemon to Your Buddy List 21st February 2008, 21:03 #300 (permalink) Gold Account Customer Join Date: Feb 2007 Location: South West Posts: 529 Re: ILLEGAL CCJ on ACCOUNT - DESPERATE! This was my defence: On the 30th March 2007, the Claimants received by guaranteed next day delivery, a written request for a copy of the credit agreement the alleged debt refers to. The Claimants were advised that as this matter was subject to legal proceedings, the information requested must be furnished by the 8th April 2007, to enable me to file a complete defence and counter-claim. The Claimants have failed to produce a credit agreement to substantiate their claim that monies are owed under a regulated credit agreement.Therefore I do not acknowledge that any debt is owed to CL Finance. The Default Notice dated the 22nd February 2007, was not received until the 3rd March 2007, which failed to provide the requisite fourteen days to remedy the alleged breach of contract, as required under the Consumer Credit Act 1974. This renders the Default Notice invalid. Additionally, the amount requested in the Default Notice was in excess of what was actually required to remedy the alleged breach of contract. The amount claimed contains penalty charges, which are unlawful at Common Law, under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999. The Default Notice had to be accurate to be enforceable, the inclusion of penalty charges renders it legally invalid. The assignment of the alleged debt from GE Capital to the Claimants is unlawful, as I have never been provided with written or verbal notice of the assignment, despite the Claimants assertion to the contrary. I put the Claimants to strict proof that notice of the assignment has been furnished to me. I dispute that the Claimants are legally entitled to claim contractual interest at the rate of 24.573% per annum, accruing at a daily rate of £1.57, from the date these proceedings commenced, to the date of judgment. The Claimants have not proved that any agreement exists and what the terms and conditions of any such agreement are, which precludes them from claiming contractual interest. I would respectfully ask the Court to stay these proceedings until such time as the Claimants provide the information I have already requested, or the Court orders the Claimants compliance with the same. I will seek the permission of the Court to amend my defence accordingly, should the Claimants provide the information they have to date failed to furnish.

Subscribing........ Me, you & Goldlady presently with ongoing heavy cases against CL & Hc's. Best, Electric x

Hi there Goldlady, I just wanted to send big hugs to you from another defender of CL Finance/Cohens....Yuk! I have been having an ongoing battle with them court wise for over a year now & have had horrific luck regarding a very biast DJ. I am about to put in my amended defence/Counterclaim, of which there are 2 main points. 1. That despite 2 judges orders they still werent able to provide all the required statements pertaining to the account, of which there are almost 2 years worth missing. Oh, and in court 2 weeks ago their solicitor stated that they would not be able to obtain any more as they couldnt find anymore!!! and 2. Because the NOA was not sent by CL until after the claim was issued against me. Therefore the legal assignment was invailed due to the Law of Property Act. I believe that you may be in a similar situation?? Anyway, its ggod to touch base with you! Best Electric x

P.S. that silly face above Tom, was put in as a nice smile???!!!!

Hi Guys, Have been busy researching & getting ready to put in my amended defence & counterclaim, which has to be in by next Wednesday. Many thanks Tomterm for your input so far :o) Needed to ask what this will cost & what specific form I have to do this on? Have seen N149, N150 bantered about - are these the docs I need??? Can it be done on-line or do I take it down to the court? Ive been looking around here & as long as its ok with everyone feel that my AD/CC will be a mixture of others previously put in with my own personal details pertaining to the issues, but will need the experts here to cast their eyes over it please. Hope all is well with you all. Much love, Electric x

Thanks Tiglet, But I dont have any confidence at all really. Im unsure about it all & thats what this dreadful judge has done to me. Can I ask those that know, as CL have stated that there are no other statements, & that there are just under 2 years worth missing out of 5 years worth, where do I stand???? Does just that in itself warrent much for a dismissal of their claim? Thanks. ELs