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    • if you type in auxillis is our search top right in the red banner you'll see this con over auxillis and supposed courtesy cars , but it's not its an HP agreement is well known here.   9/10 it's ends up with you fronting a court claim out of your own pocket for auxillis against the other parties insurance company that you don't stand a chance of ever winning for a claim against them for the excessive HP hire car costs you got scammed with.   may i be frank that whomever told you looking at the circumstances of you incident that you'd ever win a claim and it not be 50/50 was wrong.   you were in a narrow road in a housing estate with cars parked down one side on a blind sweeping bend exceeding the speed you should have been doing for the stated weather conditions. running into someone's side that pulls out infront of you in such an area and it being where you live too so you know it well would never be the other parties faulty even without the poor weather. if this were to go to court you would lose.   sadly shows you were not driving with due care and attention.
    • I did see not to give those details out, but as these could wind up official court forms, I dont want to be on the wrong side of it.   the areas in boxes D and I, is it ok to say ""refer to appendix A, refer to appendix B"? There s a REALLy long list of "what the hell" I want out of them as this is making zero sense. Not only that, I've got a long list of "this is the hell" I need to send back in the dispute too.
    • the debt has been sold not passed on and yes there is no legislation that prevent a disputed debt being sold.   as for your other questions go read post 4 of that thread again carefully it's all there.   dx  
    • Can talktalk pass on a debt that was in dispute?   Is there a template I can send back? They shoulve have ALL the information anyway seeing as they took the debt over.   Not only that, I didnt get notified by talktalk that a debt was being passed on.   I'm looking over it now and will do it this weekend.   The parts asking for phone number and mail, I dont specifically want to give those out as they're for family use only.. Can I forgo those?
    • follow post 4 here:   The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice. 1st Oct 2017 - Legal - Consumer Action Group
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies
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LInk Court Claim/Case to Be Struck Out??.. Maybe!


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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.

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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?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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?

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"The court went on to demand that the DCAlink3.gif 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

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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