LInk Court Claim/Case to Be Struck Out??.. Maybe!

[spyray]

Hi there

 

Would love some advice on my situation..

 

Link initiated court proceedings against me for an alleged debt of £9k.

 

 

I asked for a copy of the CCA which this failed to provide.

I mentioned this in my registered defence to the court.

The court went on to demand that the DCA provide the court and me with a copy of the CCA

by a set date otherwise the judge stated that the case would be struck out.

That date passed 3 days ago. I didnt receive a copy of the CCA.

 

 

My questions are:

 

Should I call the court to ask whether they received a copy of the CCA?

 

If the court hasn't received a copy of the CCA, am I supposed to apply for the case to be struck out some how,

or should I leave it to the judge to make good on his stated intentions of striking out the claim?

 

If I am supposed to apply for the case to be struck out and I dont, what could happen?

Could the DCA apply for more time?

 

If the court has receive a copy of the CCA,

given that I have not,

is the DCA still in breach of the courts motion,

in which case should I tell the court that I haven't,

and would this result in the case still being struck out?

 

And I guess an obvious question is,

in my particular case,

should the claim be struck out by the court,

can the DCA have the claim reopened if they eventually find a CCA?

 

Things get abit more complex.

 

 

After the DCA originally failed to provide a copy of the CCA within 12 working days as required by law,

I issued them with a Section 10 data protection notice.

This means that they must delete any details they have about me from their systems,

and are not permitted to sell my details to another party.

I sent a copy of the notice to the court.

 

 

In this case, even if they had managed to send the CCA to the court and I by the date demanded by the judge,

aren't they in breach of the section 10 notice for still having data about me on their systems (e.g the CCA)?

And if this is the case, doesn't this invalidate this and any other claim they were to try and make against me

re this alleged debt so the court would have to strike the claim out?

 

 

If they are in breach of the section 10 notice,

 

 

what further action can I take - especially in the case that they may sell on the alleged debt to yet another party?

 

I know there are a lot of questions here, and I really appreciate your input.

[fkofilee]

Oh look Link Financial...

 

I think you may have to apply to have it struck out. But check with the site team.

[dx100uk]

simply ring the court and ask. prob stayed or struck out.

 

 

if they latterely find the CCASe they can have another stab.

 

 

as for the section 10

to be honest we tend to find that had/has little effect anyway

 

 

what about the new FCA CONC stuff?

[spyray]

Thanks for your helpful responses guys.

 

dx100uk, I'm new to the CONC legislation, and having had a look at the source book info, I'm not sure whether it applies to debt buying companies like Linc. Any idea?

 

To be honest what I think it totally unfair and a complete waste of court time, not to mention causes massive amounts of stress to the defendant of a claim is when companies like link initiate proceedings without already having a copy of a CCA. So effectively I've been through 3 or 4 months of stress without them having the most basic documentation. Would this, together with the fact that they havent supplied me with a CCA as demanded by law, and the section 10 breach form a basis for CONC legislation?

[fkofilee]

The CONC legislation does apply to DCAs especially!

[SabreSheep]

"The court went on to demand that the DCA provide the court and me with a copy of the CCA

by a set date otherwise the judge stated that the case would be struck out."

 

That would appear to me to be an invitation to apply to have it struck out if they have failed to comply

BUT then they might apply for a stay if you make the application