Cash Genie ongoing Saga

[deeps1964]

Hi, i have received a CCJ Claim form form Northampton County Court for a £150 payday loan i took out with Cash Genie which i could not afford to repay when it was due. I obviously owe the money and i want to sort it out but this claim form has large amounts of interest which take the amount due from £150 to £1052. The particulars on the claim form are:Deposited £150Charges £182Interest £720Payments £0Can they charge me this much interest when the term of the loan was only 30 days? Obviously i have a limited time to deal with this so any help would be greatly appreciated as i am unsure what to do next. Thanks.

[dx100uk]

nope they can only charge the loan sum [minus your repayments] + 1 months int

 

see the payday loans forum for posts by sillygirl1

 

the troops will be here tomorrow

 

dx

[havinastella]

Can you post up the POC in full.

[deeps1964]

Thank you for your replies, how do i put up my POC in full? i have included the amounts quoted on it in my 1st post, what other info do you require? Am new to this and not particularly clever where computers are concerned.

[42man]

It would be good if you can type out the particulars of the claim on here - but don't be specific with the dates, amounts.....

[deeps1964]

Hi, the specifics are the claimant is cash genie UK Limited. The total of the claim is £1052. The breakdown is Loan £150, Charges £182, Interest £720. Do you require any more information. Unfortunately i work nights so can only reply in the early hours. Some information on what i should do would be greatly appreciated as i need to reply to the claim form. Thanks in advance.

[dx100uk]

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

d

 

should you wish to post them up

 

dx

[deeps1964]

thanks dx100uk, but thats a bit beyond my computer expertise and i don't have a scanner. is there any other way i can get help without doing this??

[havinastella]

Hey Deeps.

 

Its not really needed, it just helps with the defence.

 

Firstly have you acknowledged the claim online, do so and tick you will be defending in full.

 

And then read and do the same as this thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?315129-Bryan-Carter-and-PayDay-Express-court-papers%281-Viewing%29-nbsp

 

 

JOgs

[deeps1964]

Hi havinastella and thanks for your time. I have acknowledged receipt of the claim on line and in the defence box which allows for 122 words i have put "defending in full". Do i need to send a letter as per your link to Cash Genie? What happens next? Thanks again.

[havinastella]

Deeps, read the thread I posted, send the CPR request as in the thread!

 

Whatever happens, don't worry, this will go away.

 

JOgs

[deeps1964]

Have done the CPR request and will post it recorded delivery on way home from work this morning. You have been a great help and feel a lot better that something has been done now. What happens next?

[deeps1964]

Hi, sorry for not posting recently but have been away. I have received a reply from the court saying the court is unable to treat my response as either a 'defence' or and 'admission' it says it has therefore been treated as and 'Acknowledgement of Service' which allows 28 days fromthe date of service for me to file a fully particulised defence. What am i to do now please???Thanks in advance.

[deeps1964]

Hi, I recently posted a thread and received some very useful advice especially from havinastella. Thank you. Since my post i have received a letter from the court saying:

 

The court is unable to treat my response as either a 'defence' or and 'admission'.

 

My response has therefore been treatedas an 'acknowledgement of service' which allows 28 days from the date of service for you to file a fully particularised defence.

 

I have been away so am not sure how long i have to file a defence and what i should do next.

 

I would appreciate any help please.

 

Many thanks.

[dx100uk]

threads merged

 

dx

[deeps1964]

Thanks for merging threads was unsure how to do that.

[sillygirl1]

Defence is as follows (this is a particularlised one as their claim is faulty, you don't need 'legal' stuff here - they have lost four times so far this year to CAG....

 

Number each paragraph when you cut and paste it.

 

I xxx, dob xxx am the defendant in this case. The particulars of claim are vague and misleading and cite no cause for legal action. I am a litigant in person with no recourse to legal help and any costs in this case should be borne by either side.

 

History of loan

On xxx date I borrowed XXX from XXX company, this company is a payday loan company and has a very high interest rate, the amount was due to be repaid on xxx.

 

I made xxx in 'rollover' payments, these being the required amount to let the loan be repaid at a later date. (List any repayments with dates of repayment and have your backup info in order).

 

On xxx date I communicated with the company and let them know I was experiencing financial difficulties and tried to come to an arrangement with them (list the correspondence trail - very important this)

 

The company were also sent a CPR letter on xxx date - although under Section 87 of the CCA Act they do not need to send a default letter as the loan has automatically defaulted by not being repaid at the end of the initial term. They have yet to respond.

 

The interest claim of XXX for a £150 loan does not make any sense, there is no interest rate quoted and their current terms and conditions cite an interest rate of XXX. This is way beyond the recognisded 'high' threshold of 35%. It is a short term loan and the company are trying to unjustly enrich themselves by this vexatious and litigatious claim.

 

I therefore request that this case goes to mediation to discuss the interest rate issue, and the fees loaded onto the account. There is no legal basis for them to charge this XXX in interest on such a small sum, the claim amount is enough for them to instigate bankruptcy should they wish, and is prejudicial to other creditors.

 

It is difficult to do a fully particularlised claim for this as the particulars give no cause for action, no letter before action has been received and I have been trying to communicate with the company to schedule a repayment program since xxx. There is little legislation available for this type of loan, and the main method of repayment is usually the original loan sum and one months interest.

 

I therefore ask the court to put this forward for mediation, or to strike the claim out on the grounds that the particulars of claim are vague and misleading and the interest claimed is unjust given the low initial sum.

 

Should the court require the company to amend their particulars of claim I wish to be able to amend this defence accordingly.

 

The above is a statement of truth by xxxxx.

 

That should do for a defence for this lot, the courts know you can't do a 'properly particularlised claim' for this anyway and as stated Cash Genie have caved in at mediation, they also have discontinued several cases and other cases have been struck out by the courts themselves once you point out the particulars are iffy.

[sillygirl1]

Send the defence to the court, do not bother about sending it to Cash Genie, you can send it to their legal lot - who is representing them by the way? Then sit back, the court will then transfer the case to a court nearer you and then allocation questionaires will go out, you fill yours out and send it back and I bet CG won't do theirs (it costs them £80 (I think)... not worth it for a £150 loan!).

 

Don't let them get judgement by default (which ought to be scrapped IMHO).

[deeps1964]

Hey thanks for the excellent advice here i am on to it now and will keep you updated, can't thank you enough.

[deeps1964]

Hi, update so far,

 

i received the CPR letter from Cash Genie on 9 Sep, their letter dated 7 Sep.

It states that as it is a small claims issue CPR Part 31 does not apply.

 

However in order to assist me in my defence they have enclosed the following:

 

My credit agreement, signed electronically,

a copy of their standard terms and conditions of business,

breakdown of my account and copy of default notice dated 28 July 2011.

 

I forwarded my defence to Northampton CC as kindly written by sillygirl1

and have now received documents from my local court which need returning ASAP.

 

It is an allocation questionnaire to be completed by myself basically asking:

A. Settlement - do i wish to use the free small claims mediation service provided by HMCS to help settle my claim with the other party.

B. Location of Hearing - Straightforward happy with that.

C. Track - Do i agree the small claims track is most suitable for claim - happy with that.

 

The rest of the form i am happy with too.

 

Do you think there is anything else i should do at this stage and am i going to have to pay all of the £1052 they are claiming for a £150 loan.

 

I am more than happy to pay the £150 and some small costs but the rest seems way excessive, getting bit nervous now.

 

Any advice from you good people out there?

 

Thanks

[martin2006]

As dx said in post #2, they can only claim the original loan, less any payments you have made and 1 months interest so forget about £1000 plus amounts.

[deeps1964]

Thanks Martin, so if i return the Allocation questionnaire do i tick i would like to use the free small claims mediatin service or just click "no" all the way throught and wait for a court date at which time i assume that cash genie will not attend???

[sillygirl1]

Yes to mediation and Yes to the small claims. You won't have to pay anywhere nnear the amount they are asking, in other cases they have given up at this stage, or caved in during mediation, you don't file a fee for the AQ, get it back today if possible, and mention to the court they claim the CPR rules don't apply, they DO apply to small claims.

 

When you send the AQ to the court send a copy of the letter they sent you stating CPR rules don't apply - the court would be interested in this document, you don't need to send the other documents (although it might help if you do - ask the court if you need to).

 

Keep us informed of the progress.

[deeps1964]

Sillygirl1 you have been an absolute star, cant thank you enough and everyone else who has helped here. All documents returned to my local court and now awaiting a reply. Will keep you updated and thanks again everyone.

[sillygirl1]

Sorry, just realised it was the AQ form you have done - I wouldn't mind betting that they do not file theirs in time - if at all (its been known in both instances).

 

If this happens ask the court for an automatic strike out on grounds of abuse of process by the claimant.