Cash Genie Court Papers

[dx100uk]

Ok - hopefully I will have better "formatting" experiences on here today:Ok - I'm going to copy n paste the relevant parts of the original agreement - the orig loan was taken out in March 2010 - I did make interest payments (ie: £45) in order to rollover on a couple of occasions - hence the bit that I did not pay was due on 21st June 2010 - as per the original post about their claim against me:KEY FINANCIAL INFORMATIONAmount of Credit: £150.00Duration of Agreement: 31 daysTotal Amount Repayable: £195.00 to be repaid in a single payment on 22/04/2010APR: 2,100%OTHER FINANCIAL INFORMATIONTotal Charge of Credit: 30 pence for every 100 pence borrowed, per part or full month that a balance remainsoutstanding.Interest is charged at the rate of 30% per month or part thereof [fixed], and applied to the balanceoutstanding each month on the date of this Agreement.KEY INFORMATIONIf you breach this Agreement, our charges are as follows:1. If you do not re-pay the loan on time you will have to pay the following charges:1/4• An administration charge of £15.00;• £12.00 per letter or e-mail correspondence with you requiring payment;• the APR will continue to be charged from the first day that your loan is outstanding until the loan isrepaid.2. If you move or change your contact details without telling us:• our reasonable costs and expenses incurred in tracing you and verifying your new address which will becharged at £45.00 per search but is not limited to a single search if we cannot locate you or verify yournew address.3. You must also pay us all reasonable costs and expenses incurred in taking steps to enforce thisagreement against you. If we discover that your loan application is or was fraudulent we may require that thetotal amount repayable is re-paid immediately.IMPORTANT - READ THIS SECTION CAREFULLY TO FIND OUTABOUT YOUR RIGHTSThe Consumer Credit act 1974 lays down certain requirements for your protection which should have beencomplied with when this agreement was made. If they were not, the lender cannot enforce this agreementwithout a court order.This Act also gives you a number of rights. You can settle this agreement at any time by giving notice inwriting and paying off the amount you owe under this agreement.If you would like more information about your rights under this act, contact your local Trading StandardsDepartment or a Citizens’ Advice Bureau.MISSING PAYMENTSMissing payments may have serious consequences and may make obtaining further credit difficult.If you become aware that you are unable to fulfil your obligations of repayment, please contact us at yourearliest opportunity to discuss this matter, where options may be available. Any offer made will not supersedethe terms of this agreement and will be made on a goodwill basis of which we reserve the right to enforce thefull terms and remove the goodwill offer at anytime.YOUR INFORMATIONWe are the data controller in respect of your personal information. We will process your personal informationin accordance with the Data Protection Act 1998. Please read clauses 12 and 13 of our terms and conditionsand our Privacy Policy for further details of how we will use your information before you sign this agreement.Upon making a decision to lend to you, it may be necessary to contact you by telephone. Calls may berecorded for training and fraud prevention. We may send you information about our products and otherswhich may be of interest to you. We may also pass your information to other businesses to allow them tosend details of their products to you. You have a right at any time to stop us from contacting you or giving2/4details to others for these purposes by writing to us.CANCELLATION RIGHTSYou have the right to cancel your agreement within 14 days of our acceptance of this agreement by writing tous at the above address. Please see clause 15 of our terms and conditions for further details of your right tocancel.You must inform us immediately if:• You change address• You change your name• You change employment or your pay date changes• You change email address• You change bank accounts• You change any debit card information we hold.Consent to Electronic Communications:By signing this loan agreement, you agree that subject to any applicable law or regulation, any notice, recordor other type of communication / information that is provided to you in connection with this loan agreementmay be sent electronically, namely by email to the address you have provided in your loan agreement or anyother email address that it becomes apparent you have access to.Debit AuthorityWe will attempt to debit repayments agreed to under this agreement on the Payment Date. It is yourresponsibility to ensure that the full payment is made on the Payment Date. If for any reason the funds arenot available on the Payment Date, you authorise Cash Genie UK Ltd to continue to attempt repayment of theloan from any debit / credit card that we hold on your account as frequently and as often as we reasonablychoose, in any denominations up until the total outstanding balance is recovered.We may transfer all our rights or any of our rights under this agreement.ComplaintsWe hope that you do not have a reason to complain about our service, Cash Genie UK Ltd has a complaintsprocedure and in the event that you have any concerns, or complaints, please write to Cash Genie UK Ltd,Dalton House, 60 Windsor Avenue, London. SW19 2RR in the first instance. If you remain unhappy with ourdecision, Cash Genie UK Ltd is a member of The BCCA (British Cheque Cashers Association) and adoptsfully its complaint procedure. Further details can be found on their website, http://www.bcca.co.uk or telephone01244 505904, email info@bcca.co.uk or write to Chief Executive, BCCA, PO BOX 3414, Chester, CH19BF.If you still remain unhappy, you may have the right to refer your complaint to the Financial OmbudsmanService, (FOS) Quay Plaza, 183 Marsh Wall, London, E14 9SR or telephone 0845 080 1800. You wouldneed to notify FOS within 6 months of our final decision letter.English LawThis agreement will be governed by the laws of England and all communication will be written in English. Thisagreement shall be construed according to the laws of England whose courts shall be the exclusive courts ofjurisdiction.Electronic SignatureElectronic Communications Act of 2000 provides that electronic signatures on documents hold equivalentlegal status as traditional handwritten signatures. By completing this online application, I certify that my digitalsignature is the equivalent of my handwritten signature.By signing this agreement, you agree that you understand fully its terms and conditions and also agree to itsterms and conditions which are set out above and the terms and conditions which we send to you with thisagreement. In the event that any section may be classed as unenforceable, all other sections will still beclassed as enforceable unless deemed to be unenforceable by a court in England & Wales.Electronically Signed: xxxxxxxElectronic Validation Code: xxxxxxxHopefully the above is readable in a more user-friendly manner this time.Thanks for taking to time to help me.

 

can i suggest you post this up as a PDF please

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

 

i will then deleted the block of text.

dx

[sequenci]

Oh except the bit about the interest section 69 interest is chargeable on the ful liablities of the agrement until judgment. no stat interst after judgenet on a consumer credit account under 5000 or over come to that

 

Rosy

 

Spot on. They cannot claim stat interest post judgment as it's not legal to do so on CCA regulated agreements.

[xXxsonya1985xXx]

hi i dont know if this is going to be any help what so ever but if you have been issued papers from court im assuming its northhampton?? if so ring the court immedietly and ask for it to be moved to your local court i havent delt with cash genie before but i have been served with paper from northhampton regarding a seperate issue and becuase i couldnt make the journey from my home town to the court i had no way of defedning my claim and a judement was registered against my name for the full amount. and i was told becuase i didint attend court they had won there case.i would also go to citizens advice ask them to a finacal statment so when you do go to court you give the judge all your paper work also take copys of your agreement and proof that you have paid .this should hopefully go in your favour.

[sillygirl1]

You took the wrong course of action, once you defend a case it is automatically transferred to your local court. You could ask for the CCJ to be set aside and defend but it may not be worth it.

 

Northampton Bulk Court can't transfer a case just because you phone up. You need to acknowledge the claim online then enter a defence and it will be transferred to your local court.

 

You also don't need the CAB to do a financial statement, you can do this yourself. One comes with the court paperwork.

[barafear799]

Hello - long time since anyone posted - but here goes:I have finally received a reply to my defence that I posted - it appears my case has been transferred to my local court - and I have been asked to complete some sort of questionnaire (sorry - left it at home - I am at work - so cannot remember exactly what it is) - however, Q1 asks whether I would like to use the Court Mediation service? It strongly recommends I do - I have not had any response from Cash Genie or Carter Forbes since I sent my defence - so I cannot see the point of contacting them directly to make an offer which they already refused before pushing through with the court claim.I only have 2 weeks (well less than that) to complete this claim and get it back to my local court - I am unsure of the process after that - I am also very unsure as to what to put in this questionnaire - other than "read the defence" (that I previously presented) - it asks questions such as "are you calling any witnesses?" - do you want to use any expert evidence?I am at a bit of a quandary - they are looking for the best part of £700 - I've offered them less than £100 (in total I offered the loan plus one month's interest - but I had already paid back more than half of that amount already).Help very much appreciated.

[sillygirl1]

The Allocation Questionnaire is quite straightforward, you do want to use the mediation service, and you do want to get it back asap, to the court only. It is also a small claim so you do not want to fast track it....

 

Once the AQ has been filed the court waits for the other side to do theirs (which costs them about £80) and usually at this point they back down and discontinue. If they do file an AQ and their fee then the court pick a date for the hearing - you must attend this with your paperwork. Again they probably will not show or use a local 'jobbing' solicitor who will have been given the case the day before. Which is your local court?

 

I am not about this evening but could help with the AQ tomorrow if needed.

[barafear799]

The Allocation Questionnaire is quite straightforward, you do want to use the mediation service, and you do want to get it back asap, to the court only. It is also a small claim so you do not want to fast track it....

 

Once the AQ has been filed the court waits for the other side to do theirs (which costs them about £80) and usually at this point they back down and discontinue. If they do file an AQ and their fee then the court pick a date for the hearing - you must attend this with your paperwork. Again they probably will not show or use a local 'jobbing' solicitor who will have been given the case the day before. Which is your local court?

 

I am not about this evening but could help with the AQ tomorrow if needed.

 

that would be brilliant!!! As I say, I do not have the AQ with me anyway - so I will remember to bring it in tomorrow - many thanks for all your help.

[cooldude1980]

good luck with this....and once again I know from personal experience that they will accept capital + 1 month interest in court so do not back down

[barafear799]

ok - tuition reqd please:I've answered the first three questions on the AQ:Yes to mediation, No reason to change court location (now that it has been transferred to my local court), Yes I agree small claims track is suitable - Q4: (or D): I am assuming given your knowledge of my defence (well Sillygirl helped me write my defence): I do not have any other witnesses to call?Q E: Do I have an expert's report? - I don't think I do.....Q F: just about availability - so I can fill that in.Q G : Any other information - do I assume that the defence I have already filed is on record and will be referred to in any court case (if it gets that far) - therefore at this stage, what "other info" would/could I be looking to include? H: Asks for a fee - but I assume as I am not making a counter claim exceeding £1500 there is no fee for me.That's about it I think - so overall, I don't think I need much help - but if someone could clarify my couple of points, I would be very grateful.

[sillygirl1]

Put No to the questions except G where you can add a summary of how much you borrowed and how much you have repaid to date, or you can answer NO, up to you.

 

Then you get that AQ back to the court, don't copy it to anyone unless it says so.

 

There isn't a fee as you aren't claiming compensation nor counter-claiming.

[barafear799]

thank you very much.

[barafear799]

Long time, no comment. But here is my latest update - and plea for help again. This has now been transferred to my local court. I did receive confirmation of this (and the date) about 2 months ago - but I "filed" the letter to come back to it later - and what with one thing and another - I didn't.Yesterday I received a Special Delivery from Cash Genie - with a copy of their "bundle" of papers - basically - a copy of orig agreement, a copy of their orig claim, a copy of my defence and then a copy of their "evidence" - and the scary thing - the court date (which I knew was in January - but assumed to be in mid-late Jan - hence I was planning to look into it next week when I have a week off work and some time.However, the date is 3rd January. So court case still not cancelled - I was intending to go to court - but I have yet to book the leave off work - however, I still intend to be there? Are CG likely to be there? Will it have any bearing whether I am there and they are not - or visa versa?Can anyone offer me some advice at this stage. I did ask for mediation - but have heard nothing.Thanks.

[sillygirl1]

You MUST go because if you don't their solicitor for rent will use it against you, stating "the lack of appearence of the defendant shows they have little regard for the processes of the law." If they didn't turn up you can use this against them in the same way.

 

You have a clear case of intimidation and mismanagement on their part and the defence should hold up - they are trying to 'unjustly enrich' themselves.

 

Don't fall for the 'offer before court' either from the solicitor on the day, they are taking the proverbial and need to have their appalling particulars pulled apart in court.

 

This might also be the mediation hearing, so you just stick to the defence. If you can take the original loan amount and one months interest in cash with you on the day you could stick that on the table and state 'here is the original loan amount and one months interest as proof of my intent and ability to repay this'. Don't worry if you can't but it would be a little nail in their coffin.

 

The case will only be heard in a smallish room with the judge, you and the other sides representative, that is it. You should state if you do not understand any 'legal' point they may throw up and state it is not stated in your defence.

[sillygirl1]

Just realised, continually state where you can in the hearing that £100 had already been repaid to them when they issued this claim, that the claim is a clear attempt at extortion and the incorrectly state 30% interest rate alone would deem the loan to be unenforceable via court. (I think that was in the defence?)

[barafear799]

thanks sillygirl.Just reading thru their folder of evidence is still quite laughable.I believe their "evidence" against me will work more in my favour than theirs.I have booked the time off work - so I intend to be at court to defend.Up until receiving this document I have had no further contact from CG.Thanks for your advice - I will follow what you say.Thanks again.

[sillygirl1]

What 'evidence' have they provided? It would be interesting to know. I think they may have just included the following documents

 

Original Loan Agreement

Default Notice (they don't need one so this is a 'false' document - payday loans don't need a formal default notice if the loan isn't paid at the end of the original term, it is an 'automatic' default)

Schedule of fees (all of the fees are unenforceable via court in view of the unfairness of their contract terms and conditions and the ultra high interest rate)

 

If there is anything else let me know, as you say it works against them rather than against you.

 

3rd Jan is my birthday so it would be a good present to hear of a win in this farce of a case.

[Jamie Kingston]

happy early b-day silly girl!!

[sillygirl1]

Thanks Jamie, nice to see you back posting on the PDL forum... you have been missed.

[Yorkmackem]

What 'evidence' have they provided? It would be interesting to know. I think they may have just included the following documents

 

Original Loan Agreement

Default Notice (they don't need one so this is a 'false' document - payday loans don't need a formal default notice if the loan isn't paid at the end of the original term, it is an 'automatic' default)

Schedule of fees (all of the fees are unenforceable via court in view of the unfairness of their contract terms and conditions and the ultra high interest rate)

 

If there is anything else let me know, as you say it works against them rather than against you.

 

3rd Jan is my birthday so it would be a good present to hear of a win in this farce of a case.

 

I'm involved in Court action myself with a PDL company (Sillygirl has already helped me out with the defence) and I'm intrigued to hear about the lack of default notice requirement, which I was intending to flag up - the company I'm dealing with also allege that no formal notice of proceedings is required (in my case the company issued a Claim Form the day after the loan period elapsed). Are they correct ?

 

Cheers

YM

[sillygirl1]

Yes, with a payday loan the loan term has already elapsed and you are in automatic default, issuing court papers the day after though is absolutely disgusting, have you let the OFT know about that... http://www.consumerdirect.gov.uk as they are actively investigating payday companies.

[Yorkmackem]

Hiya, yes have now informed the OFT and also Stella Creasey's office. Will let you know how the case transpires....

[philoopa]

hi cooldude i owe cash genie and couple of other payday loans which i cant afford to pay back i know its my fault for taking them out but whats done is done , how do i go about dealing with cash genie ?has i have read lots comments about them taking people to court and charging lots of money back , i had £150 off them ! thanks

[sillygirl1]

These cases you read about are not ones where a defence was put in, it is called judgement by default - and I think it should be dismissed if neither side shows.

 

However there is a Cash Genie case in court tomorrow, actually in front of a judge so fingers are crossed he will see their £1,700 claim for a £150 loan where £90 had already been repaid is a scandal.

 

We are hoping for a favourable outcome as they will have to explain why they have charged £12 a time for an email/letter as well as the interest, which is just stated without an interest rate in the particulars of claim.

 

With many of these payday loan companies they are hoping people WONT defend as 'you borrowed the money', yes money was borrowed and in many cases under duress from other creditors, and the fact that some of these companies seem only to exist to 'unjustly enrich' themselves over others misfortune is easily pointed out in a simple defence.

 

Most of the time their particulars are so flawed that they are easily dealt with by a straightforward simple defence, pointing out there is no legal claim on the defendant and the case is dismissed by the courts before it goes anywhere.

 

Again some of the companies do not pay the Allocation Questionnaire fee and the case is also dismissed.

 

It is NOT automatic that a judge will grant the company the right to take all the money they claim, only if the case is not defended.

 

I can do a simple defence which stumps most of these sharks, and within that defence you can put the loan history, correspondence history (has proved vital) and the fact that the particulars of claim are very very rough.

 

Hello to the two guests at 8.45 this morning...

[philoopa]

Hello sillygirl thanks for that i owe 5 payday loans together WONGA , PDUK. WDA, 24/7MONEY and CASH GENIE .I emailed them all last nite asking for a repayment plans , i only work part time so its not big amounts i can offer them . If they keep refusing the offer what are my next steps ???? thanks ( also my wife has one with quick quid and they sent email saying they don't offer repayment plans so not sure what to do now !!!)

[barafear799]

What 'evidence' have they provided? It would be interesting to know. I think they may have just included the following documents

 

Original Loan Agreement

Default Notice (they don't need one so this is a 'false' document - payday loans don't need a formal default notice if the loan isn't paid at the end of the original term, it is an 'automatic' default)

Schedule of fees (all of the fees are unenforceable via court in view of the unfairness of their contract terms and conditions and the ultra high interest rate)

 

If there is anything else let me know, as you say it works against them rather than against you.

 

3rd Jan is my birthday so it would be a good present to hear of a win in this farce of a case.

 

Hi, sorry for delay - not able to get on computer until today - thanks for all the help - and let's hope Jan 3rd is good for you (your birthday) as well as me (the court case). Rather than clutter up things on here - I have sent you an email with details of their evidence. Hope that's ok.