If they still cannot provide the documentation then refer the court to s.127(3) CCA etc

The costs are unbelievably high to be awarded on small claims track. If it has been then it is an error and needs addressing by the court. Eg. Travel & waiting etc will not be awarded by a court. Legal costs for advice etc are limited to £250 in small claims. It is likely that tallulah has misunderstood what was said in the court itself. She needs to ring the court and ask for clarification. She also needs to ask when the Order will be ready so we can be sure what was actually ordered. As for CAB unfortunately it doesn't suprise me...........I local CAB advised a widow with 4 children that she had to pay her separated late husbands credit card debts as she was equally liable for the debt .......she was almost suicidal as they amounted to more than £70k.:-x

Well that sounds likely to be unenforceable to me............

If it is truly no win no fee and you don't have the confidence to mount the legal argument yourself then thats your decision. However stay clear of the claims companies............

You can request a declaration as eithe part of your claim, defence or counterclaim

You can make a stand alone application for a declaration od unenforceability under s.142 (2)

Straight 40 ordinary days from Monday Unlikely to have agreement I would think from what you have told us

Once 40 day period is over send them a letter similar to this Dear Sirs Name:............................. Account No:.................. I am in receipt of your letter dated...............in response to by subject access request made under s.7(1) Data Protection Act 1998 and note the documentation contained therein. You have not included a copy of my signed original consumer credit agreement. Please either forward a copy of same or alternatively confirmation that you do not hold it within 7 days from your receipt of this letter. In the event you do not comply I will make the neccessary application to court for an order for your compliance under the Data Protection Act 1998 without further notice to you.

Statute barred is where a debt has not been paid or acknowledged i writing for six years or more. The creditor is not able to enforce the debt though there are exceptions to the general rule. It would not show on the CRA because it would be more than 6 years since the default.

Check your credit file on experian you can get it onlien for free for a 30 day trial period as long as you remember to cancel it. This will tell you when it was incurred. If its not there then it may be a statute barred debt

See above

They are correct in what they say under a request made s.77-79 CCA. Did you send a SAR request at the same time? If not send one on Monday with £10 fee and special delivery. They ahve to either provide a copy of the signed original or alternatively confirm they don't have one. From my experience I would say that when thye have an enforceable agreement Halifax HBOS normally send it with the S.78 request so you can draw your own conclusions. What date was your agreement taken out? Was it applied for online?

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What date was it taken out? Normally when they say that it means they haven't got your original because if they did they would enclose it. Did you do a SAR as well? If not do so because thats the only request they have to provide a copy of signed original under or confirmation they don't have one.