Cash Genie taking me to Court

[sillygirl1]

Yes, that is a good idea, I can get something drawn up for you by lunchtime tomorrow - you will need the paperwork ready ie bank statements and emails, have you got the emails for the arrangement - this is why I keep stating DO NOT PHONE as phone calls are hard to provide evidence for in court.

 

I've also let the site team know the reason for the PM and for doing a defence offline. We also need to confirm the timeline of events for this vexatious case.

 

Carter Forbes have been seen off several times now and they won't like the defence that goes in.

 

Did you get a 7 day notice of legal action from the company other than the notice of default sums.

[johealey]

Yes, that is a good idea, I can get something drawn up for you by lunchtime tomorrow - you will need the paperwork ready ie bank statements and emails, have you got the emails for the arrangement - this is why I keep stating DO NOT PHONE as phone calls are hard to provide evidence for in court.

 

I've also let the site team know the reason for the PM and for doing a defence offline. We also need to confirm the timeline of events for this vexatious case.

 

Carter Forbes have been seen off several times now and they won't like the defence that goes in.

 

Did you get a 7 day notice of legal action from the company other than the notice of default sums.

 

Bank statement showing all payments since May 2010 are shown - I cannot go any further back on line than that. I also have a copy of the email from them that confirms the settlement figure.

 

To be honest alot of the emails I received from them were the standard ones about being in default, you can pay 50% etc., but I have one where I replied asking them to contact Cash Genie as I was paying direct via standing order - never received a reply from them - that was dated July 2010.

 

In July 2010 I received another standard email from them and replied asking for a breakdown in charges, etc., and that was ignored too!

 

Jan 2011 I received an email offering a goodwill settlement figure - again another one of their standard emails. I replied saying I had sent emails asking for a settlement confirmation as £250 had been agreed - again another email ignored.

 

The email that confirms the settlement figure is dated October 2010 and says "the balance is currently £647 but you do indeed have a settlement figure of £250 as long as payments are maintained. You have so far paid £92 towards this settlement as other payments collected were collected prior to the settlement being offered" IS THAT NOT OBVIOUS ENOUGH FOR THEM TO SEE A SETTLEMENT FIGURE WAS AGREED?!!!

 

Yes I did receive a notice of intent from Carter Forbes but they quoted £1100 to which I replied that i have no knowledge of this - hope that was the right thing to do as I am not admitting to them that I owe that money!

[johealey]

PS: have never dealt with anyone by phone - learnt that VERY early on

[johealey]

Is it worth emailing them and offering to clear the remainder of the £250 that is owed?

[johealey]

Just a thought but is it worth emailing them and offering them a settlement figure of the remainder of the £250 that is owed?

[Blossomandebony]

Hi Johealey,

 

I don't think there's a chance in hell that these cowboys will turn up in court, they're just trying to shock you into paying whatever they can get. You have acted as genuinely and honestly as anyone could in this situation and they have treated you like ****, basically.

 

The quote below is the important point here as there is established case law against companies who try to charge EXTORTIONATE INTEREST rates. I don't believe any company has succeeded in court in explaining an APR interest rate in the 1000s - in fact I could only see the judge being enraged by this fact.

 

[i]ok the agreement was attached to the court papers - it shows the APR as 2,100%, interest[/i]

 

Read up as much as you can on law regarding Extortionate interest rates and use it to defend yourself. When they realise you're going to defend on this basis they will discontinue their action and you can claim,mmm, let's say 400 - 600 in wasted costs. Keep your nerve and you will be rewarded.

 

BAE

[s4ddys]

BAE please be cautious when giving out advice, as Cash Genie can and will turn up in court. (Not personally but they will pay someone to go on their behalf). They have done and will continue to do so. There is no doubt in my mind that JoHealey is in the right and will more than likely win should the case go to court as she can prove she had an arrangement and has kept to it, but believe you me I know from personal experience that Cash Genie will turn up.CG also monitor these forums so be very careful what you say - they will use anything they can including transcripts from this site in there claim.Jo have you tried emailing their head of Litigation - Jane Blowers - to see if you can come to an amicable conclusion?Also, the password you refered to earlier was for the MCOL from northampton, you cannot access it online once it has been transferred to your local court.

[robjam1969]

Cash Genie are one of the few of these companies that will follow through on their court threat along with the likes Tower Capital and debit card loans. Having said that they may be willing and prefer to settle out of court. Court is not such a bad thing and I think CG would look quite stupid to argue you had no intention of paying. I would prefer to take my chance in court than pay nearly a grand in interest on a small loan like yours.

[sillygirl1]

Defence already organised and being kept off the site for various reasons.

 

Last time one of the PDL companies mentioned the person was seen on the internet saying not to make contact and not to pay we printed out the whole thread and included it as evidence, including highlighting the 4 guests who seemed to be permanently watching! Included that in the defence as evidence to the contrary! Said company caved in during mediation hearing but asked to keep the details off the site - cheeky whatsits or what!

[Jamie Kingston]

try and offer a settlement figure, of full loan and initial interest only, dont give card details EVER

[Blossomandebony]

So . . .it appears that this company are one of the rare payday animals who will go all the way to court, then? Even better . . . Use the provisions of the CCA to defend on the basis of extortionate credit and the honest fact you have agreed to pay the loan sum plus a reasonable sum for interest. See below and research, research, research . . .

 

The Consumer Credit Act (s137-140) defines a credit bargain as extortionate if it requires the

debtor or a relative to make payments that are ‘grossly exorbitant’ or it otherwise contravenes

the ‘ordinary principles of fair trading’.

 

BAE

[robjam1969]

You are right BAE

 

If you have the patience and time to defend you can take your chances. Always better settled out of course if possible as even the best defended case is at the mercy of the district judge on the day. This works both ways of course.

 

Ultimately if they won't be reasonable court is not such a bad thing, especially when you can demonstrate that you have tried to reach a settlement and CG are having none of it. Courts don't like these companies clogging up their lists for the sake of it.

[johealey]

Sorry for the delay in replying and thank you to everyone that has contributed. To date I have heard nothing! I have sent all my forms to the Court, which was second week in May, have had no acknowledgement or letter or phone call or anything to say its being reviewed/seen or whatever!

 

having checked my bank statement the last two payments to Cash Genie have been returned - have just rang the bank and it turns out CG have closed their account so that is why the payments are being returned to me!

 

Now what do I do! They haven't even emailed me or contacted me via letter to say that I need to send payments to a new account!!!

 

Thanks

[sillygirl1]

Interesting they have closed their bank account, maybe they have been closed down. I have a phone number for them and am tempted to try it to see what happens....

 

I would phone the court and see what the status is, if you have it in writing that the CG bank account is closed that HAS to be part of your evidence.

 

Keep us posted on this interesting development.

[johealey]

Hi thanks for your reply. I do not have it in writing, but what i do have is a bank statement showing the payments being made and the on the same day they are returned!.

 

I have just rang their 0845 number on their website and it does work unfortunately

[Fagin61]

Johealey, phone the court, they will tell you what the status is. Keep us informed.

[cooldude1980]

Any update on this? How far did Cash Genie get? I really can't stand this ****

[cooldude1980]

There seems to be an increase in Cash Genie and Carter Forbes taking people to court....and update on this woukld help fellow Caggers

[johealey]

I am so sorry for the delay in getting around to responding to this!

 

Basically I had a further letter from CG and even though my couple of hundred quid debt turned into nearly £1600 full of their interests they settled out of court for £80!!!!!

 

The matter is now closed.

 

I think they just wanted the original monies back that were borrowed!

 

Funny that eh!

[sillygirl1]

Settling out of court is naughty, you can now report them to the OFT and Trading Standards for misbehaviour, as well as the Ministry of Justice, who do not like the court service being abused by the 'solicitors for rent'.

 

Also complain about Carter Forbes to the Solicitors Regulatory Authority as it is not on for solicitors to act as 'debt collectors' and add fees etc to an already over the top loan.

 

Your complaint could be the complaint that stops this bunch of jokers renewing their credit licence.

[johealey]

Hi Sillygirl

 

Thanks for your post, however, if I report them for misbehaviour sure the debt the Courts tried to get me to pay will then become owed or am I thinking this totally wrong?

 

Also I know many companies that settle out of Court as people pay up because they don't want anything affecting their credit rating.

 

Excuse me for being a bit blonde on the legality side of things but not sure what the next step is.

 

Happy to complain about these idiots if its puts them out of business - any letters/templates would be helpful too as I have no idea what I need to do, thank you

[sillygirl1]

Stop worrying about what MIGHT happen and concentrate on what IS happening, they are out of line and you HAVE to report them, your report could be the one that makes the authorities act and close them down. You will be told they can't act on individual claims but if they have enough of the same type of claim then they can act.

 

If it goes to court you can defend yourself quite simply as you have made every effort to try to come to an arrangement and they have refused, that is basis alone for your defence, you don't need to know any legal stuff to do a defence, all a defence is for this type of loan (bearing in mind it was meant to be short-term) is the truth and fact. I've helped several CAGGERS win in court with this type of defence.

 

Even if an out of court settlement happens (~and one company recently claimed £1800 on a £150 loan and settled out of court for £80 - being the balance of what had been paid and the one months interest) it will still be on your credit rating as you borrowed the money from the company and didn't repay on time. You can request it be marked as settled in full as part of the defence.

[andy2carp]

Hi I am just preparing my defence for court with these lot ! not a clue what i am doing and hope i have some success any advice this late in the day would be great

[johealey]

Since settling this out of Court back in October 2011 over the weekend I received a Judgement for the FULL amount from Carter Forbes!

 

I have emailed them stating that this has been paid and settled out of Court for £80 so am waiting to hear back!

 

I now have a CCJ against my name for something that was settled some months ago, I have no idea why 6 months later I have now received this! Talk about snail mail.

 

Carter Forbes have said they have made repeated requests to contact me APPARENTLY - given that I have not heard anything in writing from either CG OR CARTER FORBES they must surely be lying?

 

Any help would be greatly appreciated.

 

Thanks alot in advance

[sillygirl1]

In your defence state that it was settled out of court on XXX date for XXX amount and this judgement is ill advised and an abuse of process.

 

Then report Carter Forbes to the Solicitors Regulatory Authority for going against a settlement which was agreed, and report all parties to the OFT and Trading Standards, FOS and FSA as they are now investigating this lot properly. A complaint to the Ministry of Justice as well wouldn't go amiss.

 

This is a blatant abuse of process.

 

Defence should be as follows

 

On xxx date I made an out of court settlement with XXX company, the reference for this case is XXX.

 

Therefore this case is vexatious, litigatious and a clear abuse of court processess.

 

It should be immediately struck out with no leave to resubmit.

 

That is it for the defence.

 

What are the particulars of claim here in this new case?