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    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer and that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim and don't add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the members of suggested above – it should be the final version. court, that I would respectfully requestup but I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Cash Genie to pay redress.


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Ariste Holding Limited, trading as Cash Genie, has entered into an agreement with the Financial Conduct Authority (FCA) to provide over £20 million of redress to more than 92,000 customers for unfair practices.

 

http://www.fca.org.uk/news/cash-genie-redress-unfair-practices

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The payday lender, Cash Genie, has been ordered to pay £20m to people they’ve ripped off. The lender was told by the Financial Conduct Authority (FCA) to dole out the money to more than 92,000 customers.

 

Turns out that they’re been ripping off customers in a number of ways, with Cash Genie charging fees which they were not entitled to, according to customer contracts. In some cases, they charged people who weren’t able to repay their loans £50 to transfer them to their own debt collection firm, Twyford Developments.

 

Basically, they were taking money needlessly from people who were already struggling with debt.

It transpires that Cash Genie were also rolling over and refinancing loans without customers’ consent, which of course, all means that people in financial hardship were being hit with extra interest and additional costs.

 

Cash Genie also traded as the online brands txtmecash and paydayiseveryday, with customers advised to go to these websites on the promise of a fresh loan. Then, when customers went to these sites, they were used to harvest banking information so they could take payments from existing loans without permission.

 

So, Cash Genie will reimburse some people and write-off the debts of others.

 

Linda Woodall of the FCA said: “We expect all firms to notify us of any unacceptable past or current practices and provide appropriate redress to anyone affected.”

 

What Do I Do Next If I Was A Cash Genie Customer?

For the time being, if you’ve been swindled by Cash Genie, you don’t need to do anything. Cash Genie is going to contact affected customers by 18th September.

 

There’s more info over at the Cash Genie website, if you think you’ve been affected. The FCA also have some information as well.

 

For the time being, sit tight and wait for Cash Genie to get in touch with you. Do not appoint a claims management company to sort this out either, as they’ll charge you for a service that you won’t need.

 

If you feel that it is important to talk to someone, you can contact the Cash Genie Customer Service team on 0333 366 0023, or email them at [email protected] or by letter at Cash Genie, 2 Reavell Place, Ipswich, Suffolk IP2 0ET.

 

If you’d prefer, you can get in touch with the FCA by calling 0800 111 6768 or 0300 500 8082, or email them at [email protected].

http://www.bitterwallet.com/cash-genie-to-pay-20m-for-ripping-off-borrowers/86917

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I'm surprised with the £20m figure it seems very high for a small company like this. I think Wonga which is much bigger made £80m profit in its best year.

 

According the competition commission readings (I'm not allowed to post links) Cash Genie made £1m profit in 2012 so this redress scheme must have pretty much wiped all their profits since their existence in 2009?

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anybody know why they would 'voluntarily notified the FCA that it had engaged in unfair practices'

and why the FCA didn't know?

 

or were there loads of complaints that the FCA was not, or at least had not yet actioned?

 

Update

Jesus Wept :

Interest charged at a higher rate than what was stated in customer contracts, which was equal to 30% of the outstanding balance per month,

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I'm surprised with the £20m figure it seems very high for a small company like this. I think Wonga which is much bigger made £80m profit in its best year.

 

According the competition commission readings (I'm not allowed to post links) Cash Genie made £1m profit in 2012 so this redress scheme must have pretty much wiped all their profits since their existence in 2009?

 

It's not difficult [or unlawful] to move profits offshore, purchasing services, leasing equipment or engaging in credit control with group child companies is generally a good earner.

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Cash Genie have sent 2 e mails saying I am due a redress of 472.88 and 108.71 both have been for not providing statements no mention of the fact that they kept rolling over my loans. Thankfully I have not had any dealings with them for nearly 2 years now.

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I'm only getting the template letter at the moment.

Although on the phone they have told me I am due for redress, but not the amount.

 

Also they said that no electronic payments will be made until after 10th August.

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  • 2 weeks later...
They refused me as my last PDL loan EVER was back in 2011 - so it is off to the FOS/FCA I go - they did this behaviour way way before 2013 so why can't they go back to 2011 - still within the Statute of Limitations period.

 

Good luck

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  • 3 weeks later...
  • 3 weeks later...

I received a letter yesterday informing me that a cheque had been sent to a previous address and to confirm my details with the company. The letter was dated 17th September. I tried using the telephone number which is currently "not in service", their website is down and my email was returned as not delivered. :|. Just about to email FCA.

 

**Update** just contacted FCA. It appears CG have been sending out letters with incorrect contact details which the FCA "are aware of". Anyone trying to contact CG should use 0333 366 0023.

Edited by Crashed767
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