cash genie and Carter Forbes

[timmydust22]

Just got a reply from my local council.what happens now, little bit nervous

[sillygirl1]

Not sure what you mean by a reply back from your local council, what is that about, you should have sent defence to the court who sent it to you... what was the reply?

[timmydust22]

i havnt actually read it, my dad has opened it for mei think its basically letting me know they recieved my defense and that it is now being held at my local county court.He says ive got to answer some questions

[sillygirl1]

That will be the Allocation Questionnaire, you answer the questions, Yes to small claims, Yes to Mediation (this is where they have caved in before) and any questions you don't know get back here. Get that back to the court it came from ASAP. It doesn't cost you anything to file the AQ but will cost THEM £80.

 

They might want to settle out of court but don't let them... they had plenty of time for that before. The judge won't like it that they used the court to try to get you to pay an extortionate amount.

[timmydust22]

thanks very muchso if this goes to court i wont have any extra charges or anything. is there a chance i may lose and owe lots with court costs

[sillygirl1]

No, because in the defence we put costs to be borne by either side, they are stumped on that side!

 

The judge would only make you repay at a level and amount he feels is reasonable so their charges would have to be explained fully, as would their interest rate.

[BornThisWay]

I am very interested in this thread as they are threatening me too! Is there any evidence that a Court will make a judgement for the original capital plus one month's interest only, as I have paid that back and more but apparently I still owe them hundreds of Pounds.

[sillygirl1]

There is plenty of evidence, you cannot have a specific piece of evidence in this case to cite as all their particulars of claim have been very flawed, this alone is enough to upset them.

 

Stop worrying about what MIGHT happen and stick to your own thread. UNTIL you receive court papers which HAVE to go via post they are just threats.

[sillygirl1]

In your case the fact that the original loan has been repaid and interest (was this via rollovers?) that can be used against their claim, and they would have to discuss all the charges etc - which they haven't to date.

 

They have no case to answer IMHO.

[timmydust22]

hi silly

 

ive got my reply it basicallys says that my hearing has been made and the claimont must pay some moneys for that but also mentions a medetion service

 

what do i do now

 

thanks

[sillygirl1]

Yes, they must pay their allocation fees - about £80 or so - I bet they thought this would be one where they won by judgement by default!

 

I would check with the court to see if mediation is available otherwise stick to the hearing date, when is that?

[iaintw]

why they charging letters for?

[timmydust22]

Hi guysIt mentioned on the letter i recieved that there is a free mediation service. Is that down to me or Cash Genie to useRegards

[timmydust22]

anyone please thanks

[sillygirl1]

Its for both and is offered via the courts, that is what the letter was about.... I advise you to accept mediation.

[timmydust22]

if anybody would like to inbox me i can inform people how i got on with my court case with CG

[BRIGADIER2JCS]

UNLESS there is a restriction on you discussing this,

it would be beneficial to other site users to know the

successes or failures of such actions.

[timmydust22]

well basically my original loan was £150 id try to get them to accept 180 which they wouldnt. Id already paid £45 and also a seperate 30.Cash Genie took me to court for 1500 roughly.2weeks before the hearing they changed the amount to 1000 and apologised for the mistake they had made. the judge brought this up but wasnt bothered and i now currently owe 900 after court.I am tempted to appeal. Just wish i had more evidence of phone calls and emails which they show that id sentI said from the outset i would pay the amount plus 1 months interest

[sillygirl1]

You should appeal, it was a disgrace that the judge allowed them to continue with amended partciulars without giving you a chance to resubmit a stronger defence - clear abuse of process here.

[asmilecostsnothing]

Thank you Timmy, this is very brave of you to share in helping others - Every respect to you and I hope you do decide to appeal x

The above views are my ownEdit - wish I had your strength, may need a dose!!! my mind is set to on what I need to do

Edited January 3, 2012 by asmilecostsnothing

[timmydust22]

the rep who had turned up was rubbish, hardlys knew anything when he was asked things. To be honest after a few minutes i could tell that this judge looked at me as if he was my head teacher and that i a pupil. Stuff it im going to appeal