Hi Selena I can imagine that the courts would not say that the case is over, but Link have never been shy of going to court previously and certainly dont usually get to the point of it being stayed. An allocation questionnaire costs them around £300 to file, which is dead money if they know that your defence requires them to provide copies of documents and orginals in court, they would have to consider if it is a worthwhile venture. It seems there hearsay arguments about documents they say they gave but cannot produce are not working so well for them anymore. They certainly cannot come up with what isnt there, so you can celebrate when you get the information from MBNA. I dont want to overide any advice here, but in my humble opinion, if they had it, Link would have certainly got a copy and sent it to you. Have you not noticed the change in their approach and tone of letters? As for reclaiming the monies paid, I dont know if thats possible, it may be opening a new can of worms, so possibly another cagger can advise. I would suggest just waiting for the SAR information and then ask for advice from other caggers. I imagine it will be a relief just not paying any more money to them. My help is readily given as I know the torchure this has caused for me and I do hope your case will be closed completely very soon. Dont worry about the SAR and the cheque not being cashed, the case has been stayed and what you require from Link has not changed and will not change. If you dont get a reply to your SAR from MBNA within 40 days (allowing time for postage), send a letter before action, giving them 7 days to comply. If they still dont comply, file that claim for damages online through MCOL. I can post a copy of my claim on line and you can adapt it as you see fit. Its one way of getting some of your money back anyway. If I receive damages, I intend to SAR Link and if they dont comply, I will claim damages from them too. Ive never paid them a penny, so it will be nice for them to pay me, especially as their claim was for a whopping £9,000 with interest etc. A complaint about link to the OFT will be on its way too. Keep going, your almost there Selena! SF2010

Thanks Bazooker! Just going to read up on here a little then and keep my fingers crossed while I wait for the info to arrive. SF2010

Selena If the time has expired for the SAR, send a letter before action to the OC, as in my post, then make your claim for damages in court. I did that and also reported them to the data commissioners office for failing to comply. Im still waiting for them to comply, but dont mind anymore as I have enough information to know they done have what they need. Happy Days !!!!

Hi Selena It means you dont have to pay a penny! Dont reply to anything they follow on with. My case was stayed too and they normally carry on proceddings and you would have got an allocation questionnaire. Although they can apply to the courts to lift the stay, they are still required to sent the documents you have asked for and the judge can say no, so its unlikely. Well done! Go celebrate, I am !!!

Thanks Bazooker I am very grateful for the advice. What I will say is that these debts definetly do not show on my credit file anymore as they were registered over 6 years ago and has dropped off. In this circumstance if they do have crap housekeeping, I dont know if I should go down a F&F route, as there is nothing to gain from giving them money. If they do have enforceable documentation then I will of course try to offer them one. I have been advised that they cannot re-register this debt.

Hi Selena DO NOT CONTACT THEM! DONT TALK ON THE PHONE AT ALL. I sent a letter in my thread which advised them that until they came up with what I asked for I wouldnt respond and would report them to OFT. They still sent a letter, but I felt I protected myself previously and didnt reply. It all sounds very familiar to me! See my thread http://www.consumeractiongroup.co.uk/forum/showthread.php?263512. Link didnt respond to my defence and it was stayed, but I had to ring them to find that out. It may be worth ringing the courts to see what they say. I did eventually receive all of teh details in relation to the Santander SAR, but this was after I had to make a court claim and they still didnt comply as conveniently the docuements showed details of another old, but live account, for which I have still not been sent any information. So awaiting a response t o my claim. The SAR didnt show any copies of the letters of assignment link say Abbey sent to me in 2007 and 'copied' to me. It didnt detail any sale of the account to Link and there was absolutely nothing apart from the CCA held. No default notice and a cancelled balance. Nothing which mentioned Link at all. Now I know why they didnt proceed, but I am conscious that the OC did appear to be obstructing and still have not complied fully. I made a complaint to the Data Commissioner too. I know each case is different, but when the tone of their letters started to change to something like, we would like you to consider this and agree to judgment, I knew there was something wrong. Previously, it was we will get this paid. Many Gaggers here were also helping me, so you are in brilliant hands!! SF2010

Thank you Harrassed Senior and Bazooka Im sorry if I am confusing things. I have been making £1 payments to 'Robbers Way' for many years, but I dont know when I actually started doing that. I think it may have been in 2006. This debt with Vilcollections, I have no recollection of what it is for, but have been giving them a £1 payment each month too. I am now tackling each of them seperately, I have CCA'd both and sent SAR to Halifax for information in relation to the debt being collected by 'Robbers Way'. As I have been making payments, its probably not statute barred as you advised, so I am tackling this from the point of view of do they have all of the information which would enable me to see if the debt is enforceable, a valid default notice, termination notice, details of payments made for duration of account and information on any charges they have applied to the account. I am (maybe wrongly) taking the stance that if they dont have all of these things, I intend to challenge them and advise the debt is unenforceable. If they do, then I will work on getting money together for a F&F. Am I doing this right folkes? SF

Hi Bazooker Thanks for the advice. I did sent the CCA off and sent recorded delivery yesterday. I reckon I wont hear another word from them actually as the amount is so small, and I havent heard anything from them in a couple of years anyway, so they probably gave up ages ago. I will see what happens now. Still, if they dont respond, I can preserve my energy for my last 13 year old debt, which is currently being collected by Robinson Way & Co. I've SAR'd Halifax already and sent CCA to Robbers Way as Caggers call it. Im praying that they dont have all of the neccessary information, but Im stiill not leaving anything to chance. Ive never enjoyed the freedom of putting my past mistakes behind me and I have paid dearly in many other ways with high interest mortgages etc over several years, so Im fighting back now! Especially as credit for that basic essential is so hard to come by now. Thanks again!

Bazooker Sorry I know it sounds so dumb now, I could kick myself, but I wasnt at all clued up, debt is a real demon which scares people to death. As I dont even know who the OC is, im sending a CCA and let them tell me otherwise. There is no account details on their letters and no notice of who the OC is. What a thing to notice 4 years later? (Its ok Bazooker, I am slapping myself as I type!!) SF

Thanks again Bazooker and Sea Gull. I will make sure I do it properly, but will only do F&F if I absolutely have to as I really couldnt afford it right now. Its a risk as Im only paying £1 token payments, but its about the potential for upheaval later that im warding against. SF

Hi Monx Thanks for the advice, however, I dont know who the OC is. I havent a clue, so I really do need to start with Vil, but is a bank account a credit agreement? I dont know if a CPR31.14 is appropriate for bank accounts. Any advice is welcomed. SF

Hi Uncle Bulgaria If found that they dont have the required documents, I will definetly go for the hard ball approach myself! Ive been through a few months of hell with another DCA and Im putting all of those demons to rest! The stress I have endured has been so difficult for me and my children, I was considering selling my home to pay them and just give up as a ccj would result in not being able to get a re-mortgage and I was already feeling the pinch without another debt. I dont intend to continue to be emotionally toyed with, or leave the potential for that to happen later on and cause the same upset. Thanks for your support!

Hi All I have been paying a debt of £411 at £1 per month since around 2006. I actually cant even remember what it is for anymore, but I think its a bank account. I have just had a legal success with a claim for nearly £9,000 from Link Financial as the claim has been stayed as they couldnt come up with the required documents to proceed, though they treid to convince me that they had it. This has spurred me on to put 2 other debts to bed once and for all. I think this DCA bought this debt back in 2006, but I really dont know what debt they bought! I know it sounds stupid and I really am dumb to have been giving them a £1 each month without seeing what this is for. None of their letters I have state who the Original Creditor is. Do I just stop paying them and wait for them to pursue me, not my personal preference, or demand information from them about this debt with a CPR31.14? It is likely that a lot of this is actually charges if it is for an old bank account. I dont know if you can still reclaim old charges. Having had a 13 year debt resurface, I dont want to face this upset again. I would like all demons slaughtered once and for all. (Fighting talk, thanks to all you Caggers!) Any advice would be welcome as Im dealing with my letters today. Regards SF

Thanks SOD Em Grateful for that advice. I have seen on here where Caggers have done wonders just advising new DCA's that the account is in dispute and requesting all of the necessary documents from them Deed of Assignment, Default Notice, Termination notice,Statements for the full duration etc etc and they have took off running, so if this does happen, Im going to use the same tactic. After all if they dont have it, they dont have it and from what has happened so far............THEY DONT HAVE IT! Thanks so much for all of your help. Its been a long road, but I have learnt a lot and now tackling another little vulture who have been hanging around for over a decade too. Just checking they have all of the necessary docs before I continue to pay my £1 token payment for the rest of my life! At least they didnt try and make a court claim though, but who knows. Let me get in there first this time! Big Hugs Caggers!!!

Hi Nicurro Jimbo is right, good advice. Send off the SAR to the orginal creditor's asap. It will cost £10, but it will be well spent. They will not tamper with any of their documentation, but I cant say the same for the DCA involved. They seem to be pretty notorious of doing the opposite. If they resort to this though, its easily checked on here by Caggers and once they have started down that road, you will be able to gather it as evidence which makes it more likely that they will just put it to bed and chance their luck with some other poor souls. In the SAR you are looking to find all of the documents you asked for in the CPR 18 and 31.14. If they havent got them, its not likely that Link could have them. If you do find that its Statute Barred, then thats even better. I myself have just made a court claim of almost £200 due to the orignal creditor not responding fully to my SAR. I know I have 2 old accounts and only received limited info on 1. This involved all costs relating to requesting the SAR and chasing their compliance with that request. They MUST provide with all information they hold within 40 calendar days. This was not done. I can advise you about this if needed later on. I also made a complaint to the Data Commissioner on the date that I filed my court claim. After that has been resolved and I can be comfortable that I have all of the information in relation to what the OC has, I will SAR link too, using the money I claim back from the OC. It would be sweet to find that they dont comply and I make a claim in court in relation to them too. If I received any more communications from Link, I will write a complaint to FOS in order that they are notified of their actions. So, next step SAR !! Good luck!

Nicurro please see my thread for latest update. The court claim has been stayed, because they didnt reply to my defence within the 28 days allowed. They would now have to apply to the court for an order to lift the stay. I dont know if there is a time limit on it being stayed, before it is struck out, or if it remains stayed forever! Keep posting the latest as it transpires and I will try and help. If you need help urgently, click on the little triangle on the bottom left of your last post and ask the site team to request someone to look at it urgently for you. Wishing you well SF Just keep going and dont let them take your money without a fight.

Thanks Uncle Bulgaria and Sea Gull I appreciate the advice!!

Just a thought, if CCA isnt enforceable, why would I offer a F&F settlement? Sorry dont think Im challenging the advice, just want to be as clued up and prepared as I can be! Thanks

Bazooker Thanks My miscalculation. Im so desperate to end the misery of old haunting debts. So as its not statute barred I will await the perusal od paperwork from my SAR to Halifax. £10 paid, If they dont have the default notice, original agreement etc, then Ill ask for more advice. thanks ever so!

Thanks so much Bazooker Ive been paying Robber's Way (I like that) since 06, i think! I dont know if I paid Halifax anything after default Its long gone from my credit file now. Thats why I am just checking whats best to do about them. When I send the CCA request if they dont have all of the docs, default, termination notice etc, I intend to just stop paying my £1, but will seek advice from here first. I'll be posting this off in the next couple of days. All of these old debts need to be layed to rest once and for all. I offered them a F&F in 06 and the buggers refused it, so Im in no hurry to offer them anything now. It cant be re-registered as a default, so ill follow up on getting them to show me what they do have. SF

Hi I have an old debt with Halifax (OC) for a CCA in 1997, defaulted 2001. I dont have a default or termination notice, just details from an old credit file. I have been paying £1 token payments to Robinson Way since around 2006, exact dates unknown. Since 2008, Halifax have been sending me 'notice of arrears' letters which show the balance outstanding and shortfalls included. The shortfall of required payments exceeds the total amount owing on the account letter, is that normally the case? I have contacted Haifax by telephone in the last 2 weeks. They advised me to contact the DCA to discuss. They have not advised me that a debt has been sold to RW. RW have not advised me that they have bought the debt either. So, are they part of Halifax? I sent a SAR to Halifax 9 Aug to ensure that this debt is not Statute Barred as I didnt start getting details of arrears letter until 2 years ago. Im not sure if this is connected, but I have just received a letter from RW to ask me to increase my payments to £1.50 pm, or repay the debt in full. Whilst I have no issue in increasing payments by 50p, after a recent episode with Link Financial trying to claim for a debt 13 years old, I think it is wise to ensure that this debt is enforceable. Halifax's more recent actions with the Notice of Arrears suggests that it is, but I think its best to ask. Should I also send anything to Robinson Way at this stage? All advice welcome!! Thanks :?

I have made a claim for damages through Money Claim OnLine today for non compliance with SAR. I have 14 days in which to send them detailed particulars of the claim, which will include copies of the SAR, the LBA and a schedule of costs incurred. I also made a complaint to the Data Commissioners Office. Any further advice is always welcome. THANK YOU ALL!

Hi, does anyone know if I can do a SAR compliance court claim on line, or do I need to hand in my claim at the local county court? Im in a position to send my claim for damages and enforce compliance. SF

Hi All I have contacted the courts today and they have advised me that the claim has been stayed, as Link did not reply to my defence. I have not had any further documentation from them apart from their dodgy unsigned and indated assignment letters from themselves and the OC. I understand that this being stayed may not be the end of the road, but is there anything I can do to stop this carrying on once and for all, for example, is it worth just writing and saying this debt is statute barred, or do I just ignore them now and see if they apply to the court with an application to to lift the stay? I would rather put this one to bed as this has come as quite a shock several years later and I dont want it rearing its ugly head again. SF2010 Any advice please? Thanks SF

Hi Nicurro Sorry I wasnt in touch sooner, I have had the flu and was knocked off my feet. The letter says that it can only be used for the purpose of the CPR31.14 so dont worry about marking anything on the postal order. Hopefully you have sent it by now. if so, it doesnt matter if you did mark the postal order with CPR31.14. I hope all is coming together a little. You will get stronger as this matter unfolds and you see that there is one or two things which they usually cannot produce but are essential for their claim. Im not saying that I will win, but Im definetly going to fight and I would encourage you to do the same, rather than be easy pickings for what can be very ruthless and underhanded actions. SF