Thanks for that info - court date is not until Feb, so I'll wait until after Christmas and then go on the offensive

I've done some reading on CPR, and I at least know what it is now! I'm just a little confused as to what I should be asking for - we basically need a copy of all documentation they hold (as per the SAR they are refusing to provide) because we need to figure out which letters/phone calls we have paid for and which they are trying to charge us for etc.. We have sent the 7 day letter, and have the claim drafted should we need to pursue that route to get the SAR. Thanks for all the help!

It was extremely clear, it had Subject Access Request written in bold large font as the heading of the letter! We didn't send a fee however, as we understood that no fee was required due to it being the subject of legal proceedings. What's CPR? I'll have to do a search for some info on that, thanks for the pointer!

Thanks for the response - I think our argument is twofold really - had they done their job properly then my wife would have recovered her £23k, which we are still fighting to recover, and secondly, had they done they job properly then the additional legal fees would not have accrued. Wife has just tried making complaint to legal ombudsman as recommended by Bank Fodder in the other closed thread (in debt collection forum), but they won't deal with it as it is over 12 months old. Have already contacted ICO, and are in the process of making a complaint in writing. Also contacted the court and informed them of the claimant's behaviour so far. Bizarre!

My wife had a solicitor deal with her divorce proceedings. Long story short, due to bad legal advice she was left struggling to get 23k of debt from her ex-husband. We ditched the solicitor and went it alone - we still haven't recovered the money yet, but insalments are being paid. Anyway, solicitor has tried to charge us for legal representation for them putting right what they screwed up, and also seem to have charged for WAY more letters and phone calls than were actually received. We asked in a face to face meeting for a breakdown of the charges, and were told this would be forthcoming. Circa 18 months or so later, we had heard nothing and then we get a court summons.... They also appear to have charged again for work which we had already paid for. We applied for mediation and sent off a SAR - the solicitors have told the mediators that they will not supply the data requested under the SAR because "it is a lot of paperwork". I really don't think this absolves them of their duties under the Data Protection Act! Anyway, the mediation has now been cancelled (because we didn't see how we could mediate without the requested paperwork) and a hearing date set, however we cannot defend this without the information requested in the SAR. Just wondering the best way to approach this

My wife had a solicitor deal with her divorce proceedings. Long story short, due to bad legal advice she was left struggling to get 23k of debt from her ex-husband. We ditched the solicitor and went it alone - we still haven't recovered the money yet, but insalments are being paid. Anyway, solicitor has tried to charge us for legal representation for them putting right what they screwed up, and also seem to have charged for WAY more letters and phone calls than were actually received. We asked in a face to face meeting for a breakdown of the charges, and were told this would be forthcoming. Circa 2 years later, we had heard nothing and then we get a court summons.... They also appear to have charged again for work which we had already paid for. We applied for mediation and sent off a SAR - the solicitors have told the mediators that they will not supply the data requested under the SAR because "it is a lot of paperwork". I really don't think this absolves them of their duties under the Data Protection Act! Anyway, the mediation has now been cancelled (because we didn't see how we could mediate without the requested paperwork) and a hearing date set, however we cannot defend this without the information requested in the SAR. Just wondering the best way to approach this?

Just got home and looked at the SD - looks like we're outside the 18 days anyway... Guess we'll just have to sit tight and see what happens..

But if they proceed to bankruptcy, they have to prove service of the SD first... I don't doubt that they may proceed, however, they have to prove we have been served. If we apply for a set aside then we are proving we received it.. We haven't so much as CCA'd them, never mind SAR'ed them yet... Cheers!

Is there any reason why someone can't just ignore any stat demand that is sent normal post? It's the usual 1st credit crap... If they can't prove it has been served, then why do we need to bother trying to get it set aside? I'm thinking of just saying we never received anything.. And another question - if my wife were to be made bankrupt for a debt that she had previous to marrying me, what would happen about our joint current account?! Cheers!

Shame... Capquests claim has been struck out... They have played silly buggers from the word go. However, they have cost me time and money - £35.00 to file my AQ etc.. Can I get any of this back?

Thanks for the reply - I've already filled out the AQ. I just don't know if I have to send a fee or not, or is it just the claimant that sends that?

I really need some help with this - I have to have this AQ with the court on Monday. I have another question - do I have to send a fee with the AQ? I am the defendant. And if so, how do I get it back when Capquest lose? Cheers..

Well... Capquest ran out of time to reply to my defence, and so the claim was stayed. However, I have now received an AQ and it's been transferred to my local court. Apparently they applied to have the stay lifted and it was granted. So I now have to fill in this AQ - how do I go about that? It's an N149 by the way - and I haven't sent them a request under CPR, so I think I need to do that also? This is all a joke, as the debt is statute barred - if I have to take time off work to attend a hearing, then I want reimbursing for the lost day!! Thanks for any help...

But you can't save it with any of the details - you can only save a blank form... Looks like I'll have to snail mail it!

How do you email the form? I've filled it out, but it's not possible to save it or anything!