Cash Genie ongoing Saga

[deeps1964]

Hi sillygirl1, thanks for replying. Yes it was the aq form. I have sent it all back and am awaiting some sort of confirmation and hearing date from the court. If they have not returned theirs and i attend court even though i have admitted the debt and am happy to pay the debt and reasonable interest do i have grounds to have the whole thing struck out??

[sillygirl1]

If they don't return the AQ form then the court can't give you a date, they need to know what the other side want as well - so they will sometimes allow extra time to get the form in, or automatically stay it - which means it can't progress - or strike it out.

 

If you turn up and they don't you can still appeal to have it struck out on the grounds mentioned, or on the grounds that is is now proven to be a vexatious and litigatious case.

[deeps1964]

ok thanks again, i will wait for the next development and keep you posted, will owe you a large drink at end of all this!

[Ell-enn]

Hi sillygirl1, thanks for replying. Yes it was the aq form. I have sent it all back and am awaiting some sort of confirmation and hearing date from the court. If they have not returned theirs and i attend court even though i have admitted the debt and am happy to pay the debt and reasonable interest do i have grounds to have the whole thing struck out??

 

.....Ring the court and check that they have received it - if it's Northampton, they get so much mail there's always a chance it could get lost.

[deeps1964]

Hi all, just a quick update, i posted back all the required forms after speaking to my local court on 4th October by registered post (still have receipt) it is nearly a month now and i have heard nothing, is this usual??

[deeps1964]

ok, guess i tempted fate there, in post today was letter from my local court. Basically it says the claim is stayed until 12 Dec to enable the parties to attempt settlement. On or before 28 Nov one of the following steps must be taken: either - the claimant must notify the court that the whole of the claim has been settled, or the claimant or defendant must write to the court requesting an extension of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert, or other person helping with the process. The letter should confirm the agreement of all the other parties. OR all the parties must file a completed allocation questionnaire at the court. Where a settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed questionnaire. The list must be agreed with the other parties and must indicate that it has been agreed.Now i am seriously out of my depth what do i do now???????? Help anyone.

[sillygirl1]

Simple.

 

Write back to the court saying you have already attempted to come to an arrangement with the company, include your correspondence on this as an attachment, and state that you have returned the allocation questionnaire.

 

State that you DO NOT want an extension or to allow expert witnessess etc as this is not necessary.

 

Copy the letter to Cash Genie and also write a separate letter offering a settlement at the rate you can afford ie the original loan and interest ONLY and copy in the court.

 

That is it.

[deeps1964]

Once again thanks for your great advice will get onto that tonight and post it in morning. Will keep you updated.

[deeps1964]

All letters sent will await replies and then update you. Have offered the original amount plus 1 months interest at a rate i can afford.

[deeps1964]

Hi, just an update, i have heard nothing from Cash Genie since posting them my offer. I rang the court on 9th Dec to let them know i had heard nothing and they said that the stay was until the 12th. They have noted my call and said they had heard nothing from Cash Genie either. I was advised to ring back in 2 weeks to see if CG had contacted the court.

[sillygirl1]

DO NOT leave it two weeks, ring back on Tuesday, if you leave it two weeks you might find somebody 'slips it under the counter' and you get a judgement by default. Play it safe and ring Tuesday, you could of course ring about 3pm tomorrow to see if they have received anything (wouldn't mind betting they receive it last minute).

[DonkeyB]

Stick to the court order rigidly, even if they do not.

[sillygirl1]

A court order has not yet been granted, they are waiting for Cash Genie to return the allocation questionnaire (something they try not do to cos it costs them more money.... they always hope for judgement by default and when they don't get it they like to string things out).

 

Abuse of court processes here by Cash Genie will be also reported to the OFT in due course.

[DonkeyB]

No, there is an order of the court telling the parties what to do - details given above. There is a deadline of 12 Dec and a negotiation deadline that has been missed.

[sillygirl1]

They are the ones who have missed the deadline.... the poster has sent stuff back to the court as instructed and stated that they tried negotiation before it got to court and the other side did not respond.

[DonkeyB]

Exactly - my point was that there IS a court order to be followed! You said there wasn't.

[sillygirl1]

I thought you meant court order as in ccj issued......

 

We've follwed the instructions and said the firm should not be given more time to fill in and file their AQ. OP tried to negotiate before court but they did not want to know. This has been stated in defence.

[DonkeyB]

Your advice is spot on SG. And yes, force the issues - keep the pressure on.

[coledog]

And make a compliant to OFT about all this - these companies are getting away with far too much, just send an email complaint with everything that has happened.

 

http://www.oft.gov.uk/contactus

[deeps1964]

Thanks for all your help sillygirl1 i would have been lost without all your help, will keep you informed of any developments.

[deeps1964]

Sorry i have failed to update but here goes. Since my last call to court i did ring on the day the stay expired and they had heard nothing. I have rang again today to see what happens next. It is now 4th Jan and the stay is well past, they confirmed to me on the phone they had heard nothing from CG. I asked what i was supposed to do wait forever?? They said i could write to the judge for direction. What does this mean and has anyone got experience on what may happen when i write to the judge? What should i ask for? Thanks in advance.

[sillygirl1]

Writing to the judge for direction means you can write and ask that the case be dismissed as it is without merit, there is a particular form of wording for this which I will dig out.

 

CG have been to court twice lately, one outright win due to judge not being very clued up on PDLs and the other one (heard yesterday) telling them they can only have 24% per ANNUM interest on a loan in arrears... could be VERY useful for future cases. ApparentlyCGs rep waffled on about costs so we need to put in more about costs in a defence and have a costs summary just in case.

 

I will get back as soon as I find the proper wording for a dismissal..

[deeps1964]

Many thanks once again SG1 i will await your advice.

[deeps1964]

Hi SG1 have you had chance to find out anything yet? Sorry to be a pain but would like to get things moving on this. Thank you for all your help thus far.

[sillygirl1]

I think the wording should be

 

"I am asking the court for this to go to mediation as there are charges and interest issues which need to be resolved before a final settlement figure is reached.

 

If the claimant does not return their allocation questionnaire then I request that the court dismiss this case on the grounds that the defendant cannot properly particularlise the claim as they do not have recourse to professional legal help.

 

No costs should be discussed as this is a low claim and the defendant is a litigant in person.