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    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Continuous Rollovers - Complaint to CCTA and FOS


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Hi

 

I took out a small loan of £75 towards the end of December due at the end of the month. I rolled over that month paying £22.50. Every month since then it has rolled over without me asking and without them telling me.

 

In March I made a complaint via their online complaints page. A month later no reply. I called them and asked why it had rolled over so many times to be told "its in the T&C" and "we only take the full payment if you ask us"

 

OK........

 

So, waiting for the 8 weeks to be up from my initial complaint, I submitted my file to the CCTA and the Ombudsman.

 

I got an email from the CCTA yesterday asking me to call Paul at Cash Genie as he had been trying to contact me. Phoned them, Paul was on the phone, told I would get a call back. Nothing yet.

 

Checked my bank this morning and Cash Genie took the rollover payment again and the capital payment of £75.

 

Should I just wait for the Ombudsman?

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Why havent you told your bank to cancel the payments and start chargebacks for unauthorised transactions?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Why havent you told your bank to cancel the payments and start chargebacks for unauthorised transactions?

 

I'm concerned about telephone calls to work and home - it would be highly embarrassing.

 

I mean, if I asked for a one month rollover, do I add up the subsequent interest payments and if they total the initial capital + interest, reclaim the rest?

 

I do want the ombudsman's complaint to carry on

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You deal with calls separately by way of a formal complaint. THe bank is the one to cancel the CPA not the lender. It is very rare youll get a PDL to cancel a pretty much guaranteed method of payment.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You deal with calls separately by way of a formal complaint. THe bank is the one to cancel the CPA not the lender. It is very rare youll get a PDL to cancel a pretty much guaranteed method of payment.

 

Had a call today from Paul Geary at Cash Genie. £90 overpayment being refunded. Advised still proceeding with Ombudsman complaint and, as calls are recorded, asked him to listen to my previous call when I was lied to about what were in the t&c

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Make sure you get that promise of a refund in writing.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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They have tried this with myself and a couple of others. I got a refund. It no good them saying they roll it over unless told otherwise. From their terms and conditions it states that they will collect on the payment day the full amount ( in 2 parts, one being the calital and 1 being the interest) unless you ask for a roll over. As you did, once, then my understanding is that you are then provided with a new agreement (am I correct?). This new agreement should then start as before where it collects the 2 payments as before.

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