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    • what rights of access do you have on your agreement with the landlord?   i suspect you shouldn't have to pay a thing.
    • then there is your proof to them why would you pay for BB twice!!   for my notes: GENERAL NOTES ON CHARGEBACK & Continuous Payment Authority & BACS   .....  We have been telling people to put a letter into their bank instructing them  not to make any payments under any circumstances to these companies  . http://whatconsumer.co.uk/visa-debit-chargeback/- it works! usually this should be done using the number on your debit card  .  banks MUST follow written intructions from their customers ! . CANCELLING YOUR DEBIT CARD DOES NOT STOP CPA'S  .  This fsa guide has now been updated:  . http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf http://www.fca.org.uk/news/continuous-payment-authorities-your-right-to-cancel https://www.fca.org.uk/consumers/unauthorised-payments-account  .  Here's the text:  .  Cancelling a regular  card payment:  .  When you give your credit or debit card details to a company and authorise them to take regular payments from your account,   such as for a gym membership or magazine subscription,  it is known as a ‘recurring transaction’ or ‘continuous payment authority’.  . These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.  .  In most cases, regular payments can be cancelled by telling the company taking the payments.   .  However,   you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.   Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.  .  Be aware, though, that you will still be responsible for paying any money that you owe. and that CANCELLING YOUR CARD WILL NOT STOP THE CPA  .  ..  .  New june 2013  .  Regulator orders Banks and mutuals to review complaints about not cancelling recurring payments from November 2009.  .  Consumers who have set up a regular payment from their account will now be able to successfully cancel that arrangement   by contacting their card provider, the Financial Conduct Authority said.  .  The FCA has been examining how easy it is for customers to cancel Continuous Payment Authorities (CPAs)   due either to payday lendersicon or for other regular payments such as subscriptions or gymicon memberships.  .  CPAs, which are also commonly called recurring transactions or recurring payments,   are relatively easy to set up but can be hard to cancel, causing problems for consumers trying to manage their finances,the FCA said.  .  Now, following the FCA review of how the largest high street banks and mutuals process requests to cancel CPAs, they have agreed that they will ensure that when   a customer asks for a recurring payment to end, that will be sufficient to cancel the arrangement. They have also confirmed that should a payment go through by   mistake following cancellation by a customer the customer will be refunded immediately.  .  In addition to securing this commitment, the largest banks and mutuals have agreed to review every individual complaint they have received about the non-  cancellation of a CPA and to pay redress where payments have continued to be made despite the customer cancelling the arrangement. This applies to all complaints   since November 2009 when the Financial Services Authority, the FCA’s predecessor, began regulating banking conduct.  .  Clive Adamson, the FCA’s director of supervision, said: “It’s important that consumers are confident that banks are meeting their everyday banking needs. Today   customers can be confident that when they ask for a Continuous Payment Authority to be cancelled – it will be cancelled - and that it can be done easily.   . “We recognise that historically this is an area where some customers have struggled but the banks and mutuals have responded positively to our work on this issue.   From now on we expect them to be getting this right. In addition, they have committed to review past complaints.” .  .  Also mentioned your displeasure that as whomever took your money had obviously attempted this many times   probably activating your banks own anti fraud software - nobody had the decency to inform my you this was going on.? .  .In the FSA's own words:  .  ..  What should I do about a payment from my account that I didn’t authorise?  .  Your bank must refund an unauthorised transaction.   Money can only be taken from your account if you have authorised the transaction   or if your bank can prove you were at fault –  . see below.  Contact your bank immediately if you notice an unauthorised payment from your account. .  If you are sure you did not authorise the payment, you can claim a refund.  .  However, your bank does not have to refund you if you do not tell it about the payment until 13 months  or more after the date it left your account.  .  Your bank must refund an unauthorised transaction  .  ------------------  .  Your bank may only refuse a refund for an unauthorised transaction if:  .  ? it can prove you authorised the transaction  – though your bank cannot simply say that use of your password,   card and PIN proves you authorised a payment; or .  ? it can prove you are at fault because you acted fraudulently,   or because you deliberately,   or with gross negligence, failed to protect the details of your card, PIN or password in a way that allowed the transaction  .  -----------------------  .  How quickly must my bank refund me for an unauthorised transaction?  .  The bank must make the refund immediately unless it has evidence that one of the above reasons applies.   Your bank may ask you to answer some questions and fill out a form confirming what has happened,   but it cannot delay your refund while it waits for you to return the form.  If the bank has evidence that one of the above reasons for refusing a refund applies,   it may investigate before making a refund   but must look into it as quickly as possible.   If your bank rejects your claim for a refund it should explain why.  If the transaction was on a credit card, the refund may not happen immediately.   But the card issuer cannot charge interest or ask for repayment of the amount unless it can prove you are liable to pay        
    • Only asking because I want to get my facts right before I approach the bank! Yes, BT is coming out of the same account.
    • not if they want to make the OP the named claimant no!! let them take the other party to court themselves!! the op can be a witness then..   one bitten...read this thread..      
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      • 16 replies
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Hi,

 

I am new here...but really love this site...thanks!

 

Now my problem...I have taken a loan with cash genie amongst many other payday loans...now I can't pay it back but want to pay back in installments.

 

So after reading advice on this forum I realised that cancelling the cycle of payday loans and paying off in installments is the best thing.

 

Anyway I contacted Cash Genie is writng via email to explain and offer £50 a month on a £200 loan to repay it etc. This was ignored and they sent numerous other letters etc and now have sent me a court form taking me to court. Had they accepted my offer I would have paid of the debt by now.

 

Was my offer reasonable? Where do I stand? Am I going to go to court and get in a worse situation? Shall I pay what they are asking for now which is £600 pounds?

 

Any advice please? Or shall I fight my case as I have tried to resolve and they have tried to keep me in debt? I also have long email conversations with Peter Turvey? Who is he?

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wait for the court papers - give your offer of £50.00 per month and pay it...

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Hi there, how long have you had the court papers? were they issued from Northampton Count? You need to acknowledge service online and this will give you a further 14 days to enter a defence which you will get help with on CAG. You will be defending only part of the claim i.e. the 200 you owe, not the 600 they are asking for.

 

You did keep the emails you sent to them offering payment ?


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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hey Guys...thank you soo much for offering the help.

 

Yeah I have kept all the emails where I have constantly offered payment etc. But it got messy when we diasgreed on the amounts etc...Ie they wanted more than what I felt I owed.

 

So the answers to the questions:

 

The court was Ipswich County Court, but on the bottom of the court papers it says Manchester Civil Justice Centre??? Not sure where I have to send the response to then?

 

Also I want to pay it off...shall I agree to pay 50 a month for the full debt or the bit i feel is what I owe? My initial offer was way more than this!!!

 

Finally the claim form attached photcopy guidance notes are not in full and are impossible to read...where do I get a copy of notes I can read?

 

I am so sorry to ask so many qestions...but thank you sooo much for your help.

 

Too panicky to think straight!

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Hi, does it say anywhere on the forms that you can acknowledge service on line? What is the date off issue on the form?


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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If it does go to court and is properly defended their very high interest rate and excessive charges can be brought to the judges attention, plus the emails can be used as evidence that you have tried to negotiate and they did not want to know.

 

You can also report them to the Office of Fair Trading and Trading Standards and the Ministry of Justice.

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Hi Guys,

 

Loving the quick responses etc...this sit is awesome...wish more people knew about this...

 

Anyways...no I had a look on the form after seeing another post to check it online - but there is no suggestion I can do this. I suppose not all claims at Ipswich County Court have this? I have rung the court and the claim is logged however, although the form asks me to send all replies to a court in manchester - I am assuming that this is a typo from the courts?

 

The date on it is a few days ago, and i received it a few days after the date on the form, I am still within the 14 days, but I lost 4 days from them sending it to me, as there is 4 days difference between the date on the form and the date on the post mark!!!!!! I guess I have to work faster in this case!!!!

 

Yeah I will try and defend the charges etc - esp as most of the charges and letters they have applied were accrued after I have contacted them and they chose to ignore my emails and just send me their standard templated letters, which are probably automated!!!!

 

Does any of you guys know how to go about defending this? Have I already got a CCJ now? Do I have to fill in the information about my expenditure etc?

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oh and they also claim I have ignored them and they think I have no intention of paying...which is not true as I had kept in email contact with them aswell as offered a repayment plan which would have cleared the debt in 3 months max!!!!

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hey guys...any input would be much appreciated? Gone a bit quiet? Does this mean they have won and I don't have a good case?

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Hell no way have they won ! You have the emails with a very reasonable offer of 50 pounds per month....jeeps they shouldve snapped your hands off for that ! No stick to your guns and keep copies of the emails. At the end of the day no judge would not see that you have been upfront about your financial circumstances and been very willing to repay your debt. That we have tried to contact you but you have failed malarky is cow dung as you have records of contact

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This particular case seems really odd to me as I had a Payday Loan with Cash Genie for £325.50 (including interest) and couldn't afford to pay it back due to my circumstances, I cancelled my card and emailed them straight away on the due day offering £50 a month and they got back to me almost straight away accepting my offer. They did ask for a goodwill payment of £20 straight away to hold my account and stop further interest accruing until the first repayment amount of £50, I was in a position where I had this £20 so I paid it into their account at the bank that same day. Even if I hadn't have had £20 available they would have accepted my repayment proposal but It would have meant that I'd had to pay further interest for the days leading up to the first repayment amount. I have now made one payment of £20 and one payment of £50 and both amounts have come off my balance.

 

It just seems really strange that they will accept my offer of £50 per month but not yours, perhaps you could argue this in court?

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Thanks for the support guys.

 

I am def fighting the case. Slowly gathering the information.

 

Vicky180 - thanks for that info. My lawyers seem to think that there is a case for this being driven by P Tuvey's personal agenda as I have had some heated conversations with him and have written a few articles about his little venture.

 

I offered 50, only difference is I asked for all communication to be written, which I think is fair. i also refused to pay any money via card knowing what they do as soon as they get card details..do you think this is worth mentioning?

 

what about the fact they use other trade names to offer you more loans while you are in arrears? Thought I would throw this into the mix also...

 

There are enough issues - but my lawyers are not sure if it is worth the time and effort to counter claim, although I am thinking I will defend this case and then file one against them myself straight afterwards for the way they have acted etc...not for a money claim but the more times we can get a judge to look at the way they operate the sooner we can end this venture.

 

Anything else worth looking into? Anything the Judge should have a look at?

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You should drop your lawyers and counter claim yourself. The lawyers will do nothing that we can't help with on this site.

 

I have had several companies give up their cases when asked for proper details of interest calculations and a proper history of the loan/reloan/rollover summary. If they can't provide this to a court then they are stuffed.

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Sillygirl - wouldnt mind if they dropped it but doubt they will when they have gone as far as getting a claim into court etc.

 

To be fair I am not disputing the debt - I am disputing the fact they have added interest and charges while I have tried to contact them re a payment plan.

 

I mean the interest charges are high - but we sign up to that in desparation wen we take the loan out...not sure if we can argue this?

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You have already argued yourself out of the defence,

 

1. You knew about their high interest rates so you tried to make a payment plan that would pay the loan back at a reasonable rate but they went straight to court

 

2. Their high interest rate is designed to suit THEM and despite the fact you tried to negotiate they did not want to know, therefore this is an unfair term and condition.

 

3. They went straight to court without really considering any other option - again an unfair term and condition.

 

4. By going to court they are prejudicing other creditors and are putting themselves at an unfair advantage.

 

SIMPLES....

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thanks silly - well when you put it like that it seem simples enough. I guess it all depends on the judge that I get etc.

 

I will update the claim details a bit later on. I have sent of the forms so I have another 14 days to prepare my defence.

 

I will not go too deep into legl issues - just state the case and let the judge decide?

 

does anyone here know if its worth arguing the credit agreement is flawed? i mean it says on it its only valid for 16 days? but they do the roll over thing dnt they?

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You could argue that once the initial credit agreement was breached the continuing agreement should be based on simple interest at 8% per annum but that would be pushing your luck.

 

Stick to the basic facts ie that you did not ignore them (use your emails and letters as evidence) and that they forced this situation to gain more money from you.

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Yeah...don't want to be unreasonable. I owe the money and will pay it but just not going to accept all those charges.

 

Also is it worth mentioning blogs like this one to include as evidence? My lawyers advised against it but I am quite keen to show the full glory of this company?

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Ok guys quick update:

 

The defence is almost done, we have prepared it based on all info I have gathered. Whats peoples view on cash genie still to this day offering me loans from a sister company? surely not responsible lending? shall I throw that in the defence to?

 

Most of my defence is based on Peter Tuvey's fitness to act as a director for such a company as he has made some crazy remarks on my email conversations etc...and apart from the fact that I fell behind with payments none of the claims against me in the claim form are true....hopefully the judge will agree with me as I have tried to repay the loan the best I can...

 

Does prev credit history come into consideration by the judge when he makes a decision on this case? I am still on the road to recovery from my debt problems a few years ago...

 

Matthew - Yes I would be very happy to help you out. When are you due to publish your report? I have had some interest from a TV station too to report on this for one of their programmes so looks like the momentum is picking up...

 

I suppose we can only really talk once the case has been settled etc?

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Ok, Well well let me submit the court papers and then we can take it from there.

 

Look forward to seeing these companies named and shamed

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Hi,

 

can anyone possibly advice on Default Notices - they say they have sent one...they have not. But with the court papers they have attached a default notice - just want to find out how I can go about proving they have not sent me one?

 

Is there a time limit from the day the default notice is served and court papers being served?

 

I mean it is just a case of my word against theirs saying I have not received it - but I have email conversations discussing settlement figures less than 3 weeks beforwe papers served?

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Previous credit history is irrelevant here, it is the history of loans/repayments/reloans with THIS company that the judge is looking at.

 

Really I think you have some very poor quality legal advice and need to go it alone. Having laywers in court could go against you here, unless you have the lawyers on free legal help. The judge might consider that paying lawyers instead of paying the company is a demonstration of your willingness NOT to pay.

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Yeah that is a good point - might have to do it myself then...

 

also can anyone confirm the date of service? is it strictly 28 days from this date you have or is there an allowance of 5 days on top of this? some websites quoate 28 and others 33

 

thanks for your help on this silly

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Get your paperwork to the court as soon as possible, do NOT leave it to the deadline as they can sneak a judgement by default in on the MINUTE the deadline expires. If you file a properly particularlised defence they are then stuck.... get a recepit from the court if you are taking the documents there or print out the page where it accepts the defence online as proof you have filed the defence. Cover yourself on all angles at this point.

 

Send the paperwork to the court, to Cash Genies solicitors (who are they using now?) and keep a copy yourself.

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Hi Silly - my court papers says in the guidance to send the defence to the court directly - does not say I have to send it to the solicitors? And I live 100's miles away from the court they have filed so I will post it for it to arrive a few days before the deadline...if i send it recorded that is ok isnt it?

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