I am in the same position, have Carter Forbes chasing me now so will read with interest on this thread - oh and good luck

if you have recieved a claim pack - respond offering a reasonable amount per month and call it a day...

if you have recieved a claim pack - respond offering a reasonable amount per month and call it a day...

Be careful if you do it this way because you will be agreeing to all their charges. Worth Reading the legal forums as most will advocate defending albeit it is not fir everyone. Whichever way you must respond in the courts timescales or they may get judgement by default.

I took out a CG loan back in July 2009.

I have since been paying it off at X amount per week but they tell me this isnt enough.

The original loan was for £150.

This is their breakdown which I have received today:

Your loan is broken down into the following-

Sorry all my text disappeared!

Your loan is broken down into the following-

Original loan - £150

Interest added since July 09 £540

Late Payment £15

Letters sent £72

Debt Recover Fee £50

TOTAL £827

They are chasing for payment and have asked for me to submit a statement of means etc., way of paying this all back.

Is there anything I can do about this or have I got to pay it? They sent me the CCA but its a typed up word document that anyone could amend!

PS: I have not received a default notice nor is there any information currently being held on my credit file.

Thanks for your help in advance.

PPS: sorry some urgent assistance would help as I am off on hols on Thurs and would like to get this sorted before I go, many thanks

Hey

I also have a loan for the same amount and the balance is now £782, they've set some company called Carter Forbes on me now and they are threatening court action with a CCJ if I do not pay a settlement figure (£300) they are also asking for me to complete a statement of means

TBH though I am going to pay the settlement figure as i'd rather that than a CCJ and 6 years of struggling to get future credit, I have seen another forum (i'll try get you the link) where they have taken the debtor to court and enforced a CCJ for the full amount he owed with charges.....

Here's the link for the guy they took to court

http://www.consumeractiongroup.co.uk/forum/payday-loans/266810-cash-genie-court-summons.html

Yep that was me, wasn't good, in the process of trying to get the CCJ set aside....

My debt never went to Carter Forbes, was dealt with in house.

Would suggest starting with CCA request, as the advice I was given (which was a little to late - my own fault), was that there default notice was tosh anyway so they wouldn't have a leg to stand on in court.

Like I said I left it too late so make sure you get in there first.....

Good luck with this

** MOD EDIT ** removed info which VERY MUCH looked like touting.

He deals with payday loan companies all the time and could probably advise.

HB

Hi

I am just looking for some advice please to make sure I doing/writing the right thing regarding my defence.

In August 2010 I had an agreement with Cash Genie of a settlement figure of £250 providing I kept making payments. Please bear in mind that NO specific amount was agreed.

I have been having continuing arguments them with countless emails which are clearly automated and when I reply I get some jump start threatening me with legal action. I told them I was paying this back and that I would be willing to tell the court about their extortionate charges.

Next thing I received a Default Notice! Can they do that when I am making payments? This currently doesnt show up on my Credit File. It was a Notice for the charges they have made regarding the letters/phone calls etc., and not actually a Default Notice for the original sum borrowed.

Just before May bank holiday I received a Court summons saying they are tring to get some £1100 out of me! £945 of this is charges!

I have written to the Court and acknowedeged the paperwork and have told them that I am admitting to £250 of the claim ONLY and that I will be defending the remainder.

I have printed off my bank statement since August 2010 and this clearly shows payments being made to Cash Genie. I have also found the email that confirms there is an agreement to pay £250 back to them.

I will obviously be sending them copies of these letters to the Court tomorrow (Monday) recorded delivery to show them that an agreement has been put in place and that I am continuing to make payments.

My questions are this:

1. Do I need to send a copy of my reply to the Court to Cash Genie so that they know what I have replied back with?

2. Do Cash Genie have any fight for me to pay back the excessive interest rate charges when an agreement has been put in place - surely they have now gone back on their agreement?

3. Do I need to send a formal letter to the Court or can I just send the paperwork of the email and the bank statement showing that payments are being made?

4. Am I likely to receive a Default Notice against my credit file for this or can they not do this as I have been sticking to making payments?

Any advice would be greatly appreciated as I need to get on and send this back to the Courts this week.

Many thanks in advance.

You need to do a proper defence. Have you acknowledged this online because if you don't you could be left with a judgement by default.

Cash Genie won't be able to justify why they are charging so much on a short term loan. I can help with a defence but you MJUST acknowledge online - just writing to the court isn't enough in some cases.

Once you acknowledge and say you are defending part of the claim it gets changed to your local court.

You also need to post up their particulars of claim so they can be shown to be defective and hopefully have the case thrown out.

The default notice is a sideline rather than the main issue.

Hi thanks for your email.

I received the court summons along with the relevant paperwork and rang the courts (it is already in my local court) and asked them what I needed to do. he said to first acknowledge the claim which I already have done.

I can do this online too - where do I need to log onto to do that? Is the local court website or hmcs or something?

What information did you want me to put up on here?

Am really grateful for your help as I have been paying them so god knows why they have decided to do this.

Thanks alot

Jo

Hi have registered online but it is asking for a Claim Pack password which I do not have?

I have no idea what the password is... I think you have to do your own password.

What we need is the particulars of claim posted up, this is in the small left hand box on their claim form.

No it says on the MCOL website that the password comes with the claim forms

Ok the particulars of the claim are:

£150 being the sum borrrowed

£945 being interest up to the date of this claim at a rate of 30% per month

£182 being the charges incurred for failure to pay - which is rubbish as I have been paying by standing order!

Less £167 paid

Further interest at a rate of 8% per annum as per section 69 of the County Court Act 1984 at a daily rate of £0.24

Costs

Total - £1100

Is this what you are after?

I have received a "response pack" to which I have acknowledged and I also have an admission form to complete with asks for personal details, income and outgoing etc,. which I have completed. Also a Defence and Counterclaim form to fill in if I am disputing all or part of the claim.

Thanks for your help

I have also just noticed that no. 6 on their particulars of the claim says "the claimant believes that the Defendant has not intention of repaying the debt"! They clearly have no idea that I have been paying by standing order!

I think you need to double check the claim form to see where the password is tucked away.

Those particulars are very basic and disclose no reason for enforcement action on their part. I found a previous defence written for another CAGGER and can use some of that for this one. They CANNOT charge two diffeent interest rates, and the 30% a month rate is probably NOT what was on their original agreement. Do you have a copy of the original agreement from them?

ok the agreement was attached to the court papers - it shows the APR as 2,100%, Interest is charged at the rate of 30% per month or part thereof and applied to the balance outstanding each month on the date of this agreement.

There is nothing on the claim form about doing this on line nor is there any password. i have until Thursday to get this to them but obviously want to get this done and sent to them tomorrow so I can relax a little knowing they have it in their hands

I'd ring the local court in the morning.

Your defence is basically a step by step history of the loan, and step by step what you did to clear this amount. I think has you have already paid £167 back on a £150 loan Cash Genie are onto a looser.

Who is the solicitor they are using?

When I rang the Court last week he wasn't very helpful and it took me ages to get through because I kept being told I was in a queue and to try later!!

They are using a Consultant from Douglas Wemyss Solicitors c/o Carter Forbes!!

So shall I put a letter together stating that I have proof of an email from August 2010 confirming a settlement of £250 and a copy of my bank statement showing the payments being made direct via standing order?

Do I also mention the fact that the original loan was £150 and that I have paid off more than that?

Should I also make reference to the fact they say I have no intention of paying for this debt when I have been paying for it?

Thanks again

Defence startts off

I xxx am a litigant in person with no recourse to legal assistance. Costs should be kept to a minnimum by the claimant as this is a vexatious claim, proof is provided of statements where expressed.

I xxxx took out a short term payday loan with xxx on xxx for xxx

Then list if you have rolled this loan over and amounts paid for rollover fees (use bank statements as evidece)

On XXX date I became aware I could not repay the funds and tried to come to a repayment arrangement with the company, please see attached emails/letters sent in respect of this.

Despite the fact that an agreeement was reached to which I am keeping the company have issued this grossly inflated vexatious and litigatious claim.

Don't want to put too much up at the moment but that is the bare basis. I will need to PM you for other details. Around on and off this evening and all day tomorrow.

PS: I have also found my income/outgoings sheet from when I got a CCJ put aside and had to pay £30 a month so will use those figures as they are slightly less than what I pay now so hopefully that will help.

Anything else I need to write/say in the letter would be most helpful?

Is there somewhere on this site I could have a look to see what peoples responses are?

Thanks

Defence startts off

 

I xxx am a litigant in person with no recourse to legal assistance. Costs should be kept to a minnimum by the claimant as this is a vexatious claim, proof is provided of statements where expressed.

 

I xxxx took out a short term payday loan with xxx on xxx for xxx

 

Then list if you have rolled this loan over and amounts paid for rollover fees (use bank statements as evidece)

 

On XXX date I became aware I could not repay the funds and tried to come to a repayment arrangement with the company, please see attached emails/letters sent in respect of this.

 

Despite the fact that an agreeement was reached to which I am keeping the company have issued this grossly inflated vexatious and litigatious claim.

 

Don't want to put too much up at the moment but that is the bare basis. I will need to PM you for other details. Around on and off this evening and all day tomorrow.

Ok that's brilliant thanks for that.

Did you want me to pm you my email address as at work alot of things are blocked and I am not 100% if this site is accessible at work anymore?