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Cash Genie taking me to court!!! HELP!!!!


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Once you file your defence the case is then transferred to a court near you, this is why you need to move fast to stop a judgement by default.

 

By sending the defence to the opposing solicitors you are covering your back on them getting a judgement by default automatically.... they cannot then say they haven't received any notification of your intended defence.

 

It is very much a mind game now and you have to stay in charge. Get the defences off pronto as I have advised.

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Hi Silly,

 

Thanks for the heads up. I have sent my defence off today so they will receive it time before the dedline...

 

so what happens now?

 

Is everyday is payday Cash genie also? I keep getting messages from them to take out a payday loan - tempted to get rid of this loan...

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cooldude1980 - listen to sillygirl1. defend and make sure you keep your emails and offers of payment.

 

I have just had a claim struck out for Tower Capital (look in legal forums). Keep us upto date, the help i had was invaluable. check your DN too (hey robjam!)

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OK so the defence has been sent off....now all i can do is wait....

 

can anyone advice me of what I can do next?

 

Is it worth putting in a complaint elsewhere? I want to get expose this company so bad...the more of us do this the better....this company surely can't be allowed to operate like this?

 

And Matt if you want that story i am free anytime to help out...

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  • 4 weeks later...

You have probably read what I said about the default notice in the other Cash Genie thread.....however as you have put your defence in you may be scuppered (depending on what you submitted), also defending a court claim on the basis of somebody being not 'fit', and unless you have complete and solid evidence this is not a defence unless they have broken the law in someway....

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Hasnt this gone to court yet or did I miss the date??

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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If this is being battled in a small court - the papers do state that if you don't make a reasonable attempt to settle this outside of the courts this will can and will be used against you on the court date.

 

E.g. You've made a reasonable offer to the company, they have refused and gone directly to a court. For this reason alone, some judges can get the case struck out.

 

Don't sweat it, fight it tooth n nail - common sense will prevail.

 

Good luck!

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  • 1 month later...

so finally Cash Genie seem to have accepted my offer of intial loan and 1 month interest to avoid a formal hearing in court....

 

however I am now lumbered with the court charges....now I do not feel this is fair as this was the offer I made from day 1 but they kept refusing it and forced me to court.

 

Now they accept the very same offer?

 

Is this not a waste of the courts time? And also is this not seen as taking someone to court unneccesarily?

 

I am debating at the moment whether to pay the court fees or to challenge them?

 

The court seem to have ruled in the favour of Cash genie in this instance though....so this means unless I pay in full within 28 days the CCJ will appear on my credit file?

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Hi Silly - thanks for reading my thread....

 

yeah thats what I was going to do - but do I appeal the CCJ judgement then with the court?

 

To be fair the court has already messed me about a fair bit by issuing judgement by default then striking it out once i pointed out i had returned my defence in time...have lost a fair bit of respect for the system...

 

anyways...so you suggest I should appeal the judgement, and then attach these emails where I have offered the first amounts etc?

 

They already have these documents as part of my initial defence...but I suspect the court would not have read these as cash genie accepted my offer?

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  • 1 month later...

LOL quick update guys....As you know I am counter claiming the court charges as I feel I shouldnt pay this. But I called up Carter Forbes to check whether they had received a cheque I sent to them and the guy on the phone said...' Ah I remember you from the consumer action forums'.

 

They must have so many people trawling through this site...

 

Anyways...happy new year to all!

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  • 1 month later...

Hey guys. I have read your comments and I really don't want to be a downer on this but I was also taken to court by carter Forbes, I highlighted the excessive interest rates - the rebutal (how is it spelt?) was that I knew about them before I signed the agreement. if you read the press too the Judges, Parliament and Press are all very aware of it so this is not an arguement. I tried to get the case struck out on technicalites, and failed, I appeared in court and their QC just combatted every arguement I had prepared. Basically I signed an agreement for a loan, I didn't pay it off, so I owe them the money. I didn't have any emails though and had not tried to come to an agreement. I am now paying of my Attachment of earnings Order directly from my wages. don't spend money on Legal advice, that money would be better offered to Cash Genie than spent on a legal defence that didn't help me. sorry for this, and good luck.

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paydaynoway may indeed be a carter forbes employee but what he has said in a way is right.......... Judges aren't interested in the technicalities, if you signed, avoided paying (by that I mean not negotiating paying the money back), they will CCJ you, no matter how many technicalities you have.

 

Believe me, I tried and failed and it ended up costing me £800 for a £150 loan.

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You need to argue that you are willing to repay the original loan plus one months interest over about 3-6months - I've had several PDL successes now where I have written defences for people and one company had to resubmit their claim showing the CORRECT interest calculation and correct particulars of claim, they then discontinued.

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Hey guys. I have read your comments and I really don't want to be a downer on this but I was also taken to court by carter Forbes, I highlighted the excessive interest rates - the rebutal (how is it spelt?) was that I knew about them before I signed the agreement. if you read the press too the Judges, Parliament and Press are all very aware of it so this is not an arguement. I tried to get the case struck out on technicalites, and failed, I appeared in court and their QC just combatted every arguement I had prepared. Basically I signed an agreement for a loan, I didn't pay it off, so I owe them the money. I didn't have any emails though and had not tried to come to an agreement. I am now paying of my Attachment of earnings Order directly from my wages. don't spend money on Legal advice, that money would be better offered to Cash Genie than spent on a legal defence that didn't help me. sorry for this, and good luck.

 

Did they really send a QC? It must have cost them an absolute fortune and normally they only represent the Crown.

 

Also you say that spending money of a legal defence didn't help you and yet you were the one putting forward the arguments.

 

I really do find your post very confusing.:???:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Did they really send a QC? It must have cost them an absolute fortune and normally they only represent the Crown.

 

Also you say that spending money of a legal defence didn't help you and yet you were the one putting forward the arguments.

 

I really do find your post very confusing.:???:

 

No wonder you're confused - it's a rubbish attempt to put people off defending their cases by Cash Genie. I like some of the artistic touches but most of them are clumsy and show a lack of awareness about the literacy levels of most posters here. (Not that there's anything fundamentally wrong with someone who has never been taught spelling and grammar properly but that post reads very much like a pretty stupid person doing an impersonation of how he thinks pretty stupid persons write... if that makes sense.( I hold my hands up to bad grammar myself there!)

 

Just look at it:

QC=nonsense - it's a civil case

"just combatted every arguement I had prepared"=don't even bother trying

" the rebutal (how is it spelt?)"=look at how ordinary and like the rest of you I am, I don't understand legal terms either. If you had seen the word 'rebuttal' several times in a court process, you'd probably have picked up the spelling. If not, and you were concerned about spelling, you'd probably spend 20 secs checking it online. But the term doesn't tend to come up very often in this kind of case anyway - somebody's been watching too many US law shows...

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Sorry, can't believe I missed out the killer line: "that money would be better offered to Cash Genie"

 

Says it all really, particularly as they were reviving a thread that finished six weeks or so ago - quick search for Cash Genie by one of their supposed bright sparks?

 

I'm in a bit of a PD mess myself and Cash Genie are the only firm who haven't responded to my repeated offers. I'm beginning to think I should let them take me to court so that I can enjoy the sight of the mythical QC. I'm expecting a wig made out of cotton wool balls and possibly a remaindered Asda Halloween witch's outfit as robes.

  • Haha 1
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Sorry, can't believe I missed out the killer line: "that money would be better offered to Cash Genie"

 

Says it all really, particularly as they were reviving a thread that finished six weeks or so ago - quick search for Cash Genie by one of their supposed bright sparks?

 

I'm in a bit of a PD mess myself and Cash Genie are the only firm who haven't responded to my repeated offers. I'm beginning to think I should let them take me to court so that I can enjoy the sight of the mythical QC. I'm expecting a wig made out of cotton wool balls and possibly a remaindered Asda Halloween witch's outfit as robes.

 

That made me laugh posie. :thumb:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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BTW had a pishing text today from a PDL company stating 'Mental approval rates.....' how right that statement is!

 

 

GBCF.co.uk - aka purplepayday, cash247, paydaypush, 999payday.... same people cant get them to stop. on googling i noitice that get reprimanded by the ASA not that they took eny notice, they never responded, so the ASA ruled in the complaintants favour.... seems they are ultimately MASON CHASE LTD

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