Cash Genie ongoing Saga

[deeps1964]

thank you for your prompt reply i take it i include the last sentence as well? I will get that in the post today. Thanks again will keep you posted.

[sillygirl1]

Yes, CG might agree on the grounds that 'their costs' be reimbursed, but they did not need to incurr those costs.

 

I think they are starting to feel the pinch from this site, they keep changing their particulars of claim (which is okay as each case is different) but for people to start following these PDL claims as you would a bank charge claim is wrong.

 

The high interest rate and short term of the loan is the key here, technically (so I have been told) once the loan term has ended contractual interest of 8% should appply only from day of default... but it still is a grey area of the law).

 

I would ring the court and see if there has been any later developments - claimant might have been sneaky and tried to get a judgement by default. We can prove this should not be the case here so you would have grounds for a set aside of the judgement if that has happened 'by error'.

[deeps1964]

ok thanks again, you have been an absolute star and will let you know how i get on.

[deeps1964]

UPDATE

 

I sent a CPR request letter dated 17 August 2011 requesting a copy of the original agreement.

 

This was received from them on 7 September 2011.

 

I then filed my defence on 7 September with the help of one of the people on here wish i could remember her name!

 

the defence was that the interest and charges are way too much for a £150 loan I requested the case go to mediation

or the claim be struck out.

 

My defence was acknowledge on 15 September 2011 and transferred to my local court.

 

I received a "Standard Order for stay for settlement with consent of all parties" dated 31 October from my local court stating the claim is stayed until 12 December 2011

to enable the parties to attempt settlement.

 

I sent a letter to the court dated 8 November 2011 stating i had attempted to settle the matter many times with CG,

accepting the £150 debt plus 1 months interest, and enclosed a letter dated the same day that i had posted to CG in an attempt to come to an arrangement to repay.

 

Naturally i never received a reply from CG.

 

I rang the court on 9 December before the Stay deadline and was informed they had heard nothing from CG.

 

Was told to ring back w/c 19th Dec which i did and they had still heard nothing.

 

I rand on 4 January 2012 and was told to write to the judge asking for direction.

 

I posted letter dated 19 Jan 2012 asking for this to go to mediation or be dismissed on the grounds the defendant cannot properly particularise the claim.

 

I heard nothing and assumed this was the end of the matter.

 

Today i have received a "General Form of Judgment or Order" dated 26th September 2012.

 

IT IS ORDER THAT the matter be listed for a Preliminary Hearing to consider in particular the breakdown of the claim to interest and the evident required.

 

The hearing is set for mid NOvember.

 

What does this mean please and what action do i need to take??

 

Any help appreciated.

 

Thanks.

Edited October 2, 2012 by MARTIN3030

[MARTIN3030]

I found your original thread and have merged with the new one using the new thread title.

[deeps1964]

Thanks for that Martin

[MARTIN3030]

Looks like a case management/directions hearing where the Court will look at everything.

I will flag this up to site team for help.

[deeps1964]

Thanks again Martin, appreciated.

[deeps1964]

Can anyone advise on this please?

[MARTIN3030]

IT IS ORDER THAT the matter be listed for a Preliminary Hearing to consider in particular the Breakdown of the claim to interest and the evident required.

 

Is that the exact wording you were sent ?

[deeps1964]

Hi Martin yes that is the exact wording

[deeps1964]

Can anybody shed any light on this please??

[Nao]

What it means is the Court acknowledged that the mediation you had requested failed, so there will be a hearing.

 

You don't really need to do anything, just get all paperwork you want to present in Court at the hearing in order and make sure you have at least two copies of each document.

Also if you feel a need to do so, discuss the case the with a Solicitor, its up to you if you do that or not, but he might be able to give some specific pointers where you can attack CG from.

[deeps1964]

Thanks for your reply Nao, I am finding it difficult to arrange time off work to attend this hearing, can i send the documents by post or can i request another date?

[sillygirl1]

There is no real need to discuss this with a solicitor, these are the main points against CG

 

1. This was a short term loan for an amount of x over x days

2. They already factor in the 'alleged loss' in their ultra high interest rates

3. You have already come up with a repayment plan which they find unacceptable

4. They have repeatedly flouted the OFT Guidelines in Debt Collecting

5. They have ingored mediation and are clearly using court to unjustly enrich themselves

 

No point getting a solicitor involved, it would be additional expense and many solicitors don't have the knowledge of the way payday loan companies repeatedly flout what little legislation is around to curb them.

 

Phone the court and explain your situation and ask for another hearing date, you may need to do an 'official' letter for this, which simply states the fact.

 

Stick to facts and you should be okay.

[deeps1964]

Thanks SG1 was hoping you would come to my rescue again!!!

[sillygirl1]

I don't post much on this forum now but do keep an eye on cases I previously helped with.

 

Good luck, sounds like Cash Genie are hoping for a victory, it is a pity you can't draw the judges attention to the fact that they did not go for mediation.... should be cause for an immediate strike-out in my opinion.

[deeps1964]

I will put the fact that i offered a reasonable repayment option and i put forward my defence for mediation and was more than willing to attend. Would hazard a guess that they won't show for the hearing for the relatively small amount of money they are claiming. Really do appreciate you help, you've been a star.

[deeps1964]

UPDATE:- Could not attend the court hearing due to work commitments however CG did surprisingly send a representative. The Jude considered the case suitable for mediation, using the Small Claims Mediation Service. I have received communication from the mediation service and have accepted this. They are now looking to set up a date to discuss the case with both parties. Has anyone had experience of using this service and what should i expect/say during the conversation. SG1 would appreciate your views once again.