Carter Forbes

[UnionCityGirl]

Carter Forbes have just told me they will not allow me to pay by standing order (for a Cash Genie loan)

and they will only freeze interest etc if I give them my debit card details.

 

Surely this isn't correct? Shouldn't interest be frozen anyway if the account has been passed over to a DCA?

[renegadeimp]

They cannot demand that at all. if they are adamant, simply get a prepaid credit card and only load it with the amount you are willing to pay. However, they are NOT allowed to demand certain methods of payment. If your only way of paying them is standing order, then thats what they have to allow you to do.

 

The ONLY reason they want your debit card details is so they can debit what they like, whenever they like. Regardless of any agreement in place. PDL's are well known for doing this.

Edited April 11, 2012 by renegadeimp

[UnionCityGirl]

Thanks renegadeimp - do you know where the legislation is stating this? I don't like the tone in their emails either.

[renegadeimp]

I think its under the OFT guidance regulations, but im not 100% certain on that. What i do know is that they are not allowed to demand your debit cards details under threat of a repayment plan not being set up if you dont. This part IS clear under the the OFT guidance regulations.

[renegadeimp]

Oh btw. I could be wrong, but i think that Carter Forbes is owned and ran by the same person. It seems they are trading under the business name of the same person. Twyford developments sure does ring a bell.

[UnionCityGirl]

Apparently they can freeze interest etc as soon as I give them my debit card details, but if I pay by standing order won't do that until they have the first payment?!

[renegadeimp]

Theyre doing their usual trick. They can freeze interest at any time. As i said, they want your debit cards so they can take whatever they like. There are reports of them trying to take the full amount owed, failing because the money is not there, so debiting in £20 transactions until the debt is recovered or the transaction fails due to their being no funds available.

 

What i would do is write a simple letter to them playign them at their own game. Why? Because DCA's have no legal powers. It's pretty straight forward to get the debt handed back to the original vendor.

[UnionCityGirl]

THey have also rung me 10 times this morning, despite me being in email conversation with them!

What would you write in the letter? Would I be best to not deal with them?

[renegadeimp]

http://www.consumeractiongroup.co.uk/forum/showthread.php?131250-Dca-Creditor-Harassment-By-Telephone-Letter

 

edit it as needed.

 

If they break it, get those complaints in so if they try to take you to court, the judge will tell them to wait until the official investigation has been concluded. You need to send that letter or email though so you have complete proof that youve asked them to stop calling and ONLY communicate in writing as per your legal rights should you need to form a defense for a court appearance.

 

Also, you can send http://www.consumeractiongroup.co.uk/forum/showthread.php?20758-Creditors-and-DCAs-Letter-Templates-amp-Budget-Planner&p=162358&viewfull=1#post162358 You can edit the wording as needed.

 

They seem to be trying to class themselves as high priority and put themselves above all other debts, which isnt allowed by law. PDL's are low priority and under OFT guidance regulations, they are not allowed to demand a repayment plan which puts you into further financial hardship, asks for payments which you are unable to meet or puts themselves over high priority payments, such as mortgage, rent, electric etc.

Edited April 11, 2012 by renegadeimp

[renegadeimp]

Theyre also called regulations. If you suspect a regulation/guidline being broken, then the OFT recommends you submit a complaint so they can investigate. As to your intial question, theanswer is yes. Evidence of this is that a whole host of credit businesses have had restrictions placed on them. Theres 1 PDL owner, with 5-6 companies, and ALL of those companies have had restrictions placed on them.

[Conniff]

Guidlines do not have to be adhered to, they are just that, guidlines, however, not sticking to the guidlines means they will probably be breaking some legislation somewhere.

 

Take the upper hand - 'tell' them, don't ask anything or use the word request. Send them an email or recorded letter saying that if they want to be paid then they 'must' provide account and sort code to do this. If they refuse then they don't get paid end of. You can also pay someone with paypal, all you need is an email address.

Edited April 14, 2012 by Conniff

[renegadeimp]

Some of the "guidelines" are obvious that they are related to law. However, we really need legislation that actually MAKES them ALL law. Theres just too many loopholes in current legislation which doesnt benefit the public, which legislation is supposed to cover, that allows big business to do whatever they like and get away with it.

Edited April 14, 2012 by renegadeimp

[UnionCityGirl]

I have offered a certain amount for a repayment plan, but they say they can only accept double that a month. Unfortunately I just cannot afford it, should I just stick to my guns?

[renegadeimp]

Yep. They cant demand you repay them a higher amount than you can afford. Theyre breaking OFT regulations and any judge will be able to see that you are willing to pay, you just need more time, and the PDL is being completely unreasonable.

[UnionCityGirl]

Are they allowed to ask for and I&E form?

[renegadeimp]

Nope. Theyre allowed the following info :

 

Total income per month: xxx

Total outgoings for utilities/day to day expenses per month : xxx

Total remaining for creditors: xxx

PDL share: xxx

 

Thats all they need to know. If they want more, then they must get a court order, and even then, only a judge will be able to see the info you supplied. Not the PDL.

[gerschamps54]

They are the same company FACT , I have prove of this

[UnionCityGirl]

They have left me alone now, not heard anything for ages.

[fkofilee]

Unioncitygirl... I would ask you to keep an eye out. CGUK and rentboys for hire will appear out of the blue.

Prepare for it to get messy.

[UnionCityGirl]

Whats CGUK?

[renegadeimp]

cash genie Uk i think

[fkofilee]

Cash genie uk

[UnionCityGirl]

I'm still fighting with Cash Genie/Carter Forbes.

My original loan was for £200, and I paid back over £300 in roll over fees. I've paid £80 to Carter Forbes, but they still say I owe £556! I just can't work it out. Any advice? I am happy to pay them another £180 which would be the loan plus 1 months interest, less what I've paid.

They seem to be very vague when I'm asking for the balance they took over from CG and what charges they have added.