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Cash Genie - Court summons - Advice needed please!

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Hi All,

 

Wasn't sure wether my problem was better suited to this or the legal section but here goes anyway.......

 

Will try to keep it as brief as possible!

 

I took out a loan with Cash Genie in September of 2009 to be repaid in October, but to cut a long story short I didn't pay it back and they have been harrassing me ever since. I could not afford to pay back anything on the loan as I needed to put all my spare cash towards my mortgage arrears as they were threatening eviction.

 

I sent a CCA to CG in October 2009, to which they never replied.

 

I also wrote to them in November as they were still harrassing me, saying they had not responded to my CCA request and to go away, but they still continued to write to me.

 

Heard nothing until March when I received a court summons.

 

Wrote them a CPR 31.14 request to which they replied with a copy of the credit agreement but no breakdown in charges or anything else.

 

Its now been transferred to my local court,and I have submitted my defence stating they have not supplied the information I requested, APR was a joke, no breakdown of charges, still adding interest on at 30% per month etc.

 

I have now received the attached document with explanation to why they are pusuing the matter and am slightly scared.

 

When I receive a court date I want to attend to put my side forward but would like to send a response in the first instance to there defence.

 

Can anyone advise me on what I would write back to them as I am now out of my depth and struggling.

 

Also I have a couple of questions I would be greatful if anyone could answer:

 

Is the Credit Agreement valid? Would I have any defence on this?

 

In section 8 they say that they were willing to mediate but I wasnt, this was because I was in no position to make a payment. But when I spoke to the mediation people they said it was up to me and they could not use this against me, although they clearly have.

 

Any advice would be much appreciated.

 

many thanks

 

s4ddy

CG Docs.pdf

Edited by s4ddys

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I have nothing to add re what to do about the court situation, but surely you should ammend the document you have scanned and put up here as it has your personal information on it.

 

Just my 2 pence worth.....

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Im such a numpty, did it in such a rush I uploaded the wrong document! Will sort it now.....


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This might be worth moving to the legal forum. The first time I have seen Cash Genie go the court route.

 

As far as I am aware there is no obligation to mediate and this can't be held against you.

 

I hope you have logged any threatening calls, letters etc.

 

On the legal forum you may be able to get someone to look at the agreement to see if it is enforceable. You may also get some advice re a rebuttal statement if you want to disagree with any of the witness statement.

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Can a mod please close of this thread? Have reposted in the legal section.

 

Thanks


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

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

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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.

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Ended up submitting an amended defence saying that their default notice was not in the prescribed form, sky high APR, stupid charges etc.

 

Should get the result at 10am today as I was unable to attend yesterday.

 

Will post when I have found out.....


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thanks robjam, sorry for the bad advice. good luck.

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What was the outcome of this, I think you should have attended no matter what - odds on they did not turn up...

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Bit of a long story but not good!

 

The court have sent me my amended defence back but this was returned to me as I had made the cheque payable to HMRC rather than HMCS (stupid mistake I know).

 

I received a letter on the 15th July stating I had until 22nd July to pay the outstanding £40.00 otherwise the case would be automatically struck out.

 

Upon speaking to the court today it appears the claim was still heard on the 15th, they said judgement had been ordered for the claimant for the total amount of £615.78 + £210 costs. Total £825.78 to be paid by 29th July 2010. I just cannot believe it.

 

Absolutely gutted.


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DONT PANIC - get onto the court first thing in the morning, speak to the court manager and ask why they did not comply with their own advice to you! Then you get an N244 Variation form and fill it in, add your defence AND add additional costs for the screw up - and get that to the court ASAP.

 

Once they have realised they have screwed up you will be in a better position to state your case - stick to the point that you are a litigant in person with very limited legal experience and that you have no idea of court processes.... ignorance here is your ally

 

I am around all day tomorrow and Friday if you need any more help and advice.

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Will do that today.

 

Thanks for the info.

 

s4ddy


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Well just come back from the court in my lunch hour and the story unfolds some more......

 

Firstly they said the case had now been sent to trial in October with a load of other orders set by the judge. I questioned this and it appears the wrong order had been typed up on my case. Not good.

 

He then went back to check again, and said he had found what the judge had said, judment to the claimant for the full amount + £210 costs. Reasons being I was not there to state my case, and the claimant defended explained everything in my defence (so they must have turned up).

 

I questioned the order I had from the court saying I had to submit my defence no later 22nd July due to the cheque error, and he said it was two seperate departments. The judge would have had no idea that I had submitted an amended defence so that would not have been taken into consideration. As you can guess at this point I felt like crying.

 

I asked what I could do next and he said I had two options. I could either pay the money (don't fancy that much), or submit an application for the judgement to be set aside.

 

I figured there was nothing else I could do there and then so asked for a copy of the judgement so I had it when completing my application for the judgement to be set aside. He said the order hadn't even been typed up yet, and I should receive it Saturday or Monday. Not helpful when i'm expected to have paid it by next Thursday!

 

So looks like this aft I will be filling out yet more court forms to have the judgement set aside, although i'm not holding out much hope.

 

So be warned people Payday loans DO take people to court and the judge MAY find in their favour.

 

My advice would be to get advice as soon as the problem arises and not leave it till the alst minute like me!


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honesty and communication is the best policy. i feel for you mate, i made the same mistake a while back.

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there is always a chance you can end up in court but if you do you need to do your research and stick to the courts timescales. Above all you need to attend or be at their mercy.

 

So far it would appear debit card loans, tower capital and now cash genie will try the court route.

 

This is the first time I have seen one of these companies win.

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