Cash Genie/Carter Forbes

[Jon1965]

Help guys I need advice.

 

I had a £150 payday loan with cash Genie,

 

unfortuneatley I lost my job.

 

I emailed them right away and arranged payments of £25 per month.

 

That was in may.

 

I have not been able to get another job,

partly because I am not well and changed my payments to a token £1 permonth.

 

They passed it on to carter forbes who are now harrassing me but will not answer any questions by email such as how much I owe,

how it is made up etc etc. I reply to each email, always from someone different.

 

My last offer was a £60 full and final, seeing as I had 40k of unsecured debt with assests of approx 6K over 18 creditors ( dont preach...I know)

and that I had paid them already about £45.

 

They keep threatening court action but the time scale always varies.

 

Today I have emailed complaints and filled in a form with the CSA complaining that they are not following the guidelines.

 

Any helpor advice would be appreciated.

 

I have searched carter forbes and they are part of twyford developments which has assets of £100 so it all seems fishy to me.

[Jon1965]

Are Carter Forbes and Cash Genie part of the same group? Just I called the carter forbes phone line, was put on hold then got someone answering "cash Genie" . Also I have tried to get a copy of my T&C's but can not log into my cash genie account. CF actually emailed me one finally but to be honest I am not sure it is the same one that I signed

[sillygirl1]

Carter Forbes are part of the same group. What you MUST do is get a new bank account set up ASAP as that way they can't raid the account, the Post Office or Co-Op are good options, Halifax Easycash is another.

 

There is not much they can do at the moment other than keep threatening you. If they do send court papers these can easily be defended and you would only pay a maximumof £5 out of your benefits.

 

Have you tried the CAB who might be able to give more advice on your other debts.

 

Keep everything you send them and everything they send you. Stay off the phone as it will get you nowhere.

[Jon1965]

Thanks sillygirl. I am in a DMP for the rest of my debts but to be honest am too embarrassed to add this one to it.They are meant to be calling me tomorrow morning but on past performance I will not get a call. I see people talk about only owing the principle +1 months interest. I am not sure which bit of the consumer credit act or OFT regulations cover payday loans . Cash genie were automatically rolling over my loans each month, and it was taken out 15th Jan with first repayment 26th . If you or anyone could give me some indication as to legislation I can quote it would be of great help. They do not have my debit card details as I "lost" it in april and have been making payments by standing order, £1 per month. From memory I have paid 15 may and June and £1 each month after that. Prior to that I was paying £45 per month interest but never signed any rollover agreement, or at least I don't think I did

Maybe I should rename my self sillboy

[sillygirl1]

There is little legislation on this, Section 87 of the CCA Act has been used against them succesfully in court claims, as has the Unfair terms and conditions act, the ultra high interest rate also goes against them.

 

It is best to apply basic logic against them and give them no room to counter argue terms and conditions at you.

 

Make sure you have protected your income, simply loosing your debit card won't work, you need a new bank account with another bank to stop raids on your account, Post Office, Co-op or Halifax are good options.

[Jon1965]

My thoughts are unfair T&C's along with the ultra high interest rate. CCA act, afraid I am going to act dumb, what exactly do you.mean?

Do I keep paying the £1 per month or should I stop. BTW i pay £28 a month to my dmp where all the creditors get £1 , one of those is for 18k, another for over 6k. How do i get them to come to an agreed settlement or take me to court. Obviously the thought of CCJ's do not scare me.......whats one more.

[Jon1965]

Sillygirl, you talk about changing banks and reciprical agreements. Surely if they do not have your debit card they can not get hold of money from your bank and if they do it is a crime. If they try to set up a DD then the bank MUST repay you. Have I got it all wrong?

[sillygirl1]

Sadly the bank takes the line that you have an agreement with the company unless you inform them otherwise, the bank apparently deem it THEIR duty to enforce the collection of the agreement, so if you change accounts with the same bank the company can still claim money from you, this is why you need a 'parachute' account, Halifax Easycash, Co-op or Post Office all do good accounts with basic facilities, as does Metro bank.

 

I spoke at length about this issue with PDL companies emptying your bank account with a Halifax branch manager and she said if they do take more than they are allowed insist the local police give you a crime number as it is THEFT. The agreement is they take x amount on x day, if they take it on a different day or take more it is THEFT.