Cash Genie Claim Form

[SoldierOn]

Hi all,

 

I know I shouldn't have got involved with payday loans, but I did, I regret it and now I'm paying for it- please don't keep reminding me how stupid I am!

 

Cashgenie have issued against me, the original amount being £195 inc interest, the claim for over £1000!

 

What should I do?! Do I have any grounds to defend the claim?

 

Thanks

[brokebutnotbeatn]

Others will be alone to advise I am sure, but my understanding is they can only claim what was borrowed plus one month's interst?

[SoldierOn]

Yeah that was what I thought too, hopefully get some replies this evening

[postggj]

when was the claim issued

 

relax

 

just get the original amount advanced and 1 months interest and its game over

 

ill dig out one of my old threads

[postggj]

what is the particulars of claim

 

please type it out word for word

 

prob starts

 

money owed under

 

HAVE A NOSE

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?315129-Bryan-Carter-and-PayDay-Express-court-papers(1-Viewing)-nbsp

[SoldierOn]

Particulars of Claim

Fixed loan agreement

 

Date Description Amount Due Date

 

16/08/2011 Deposited 150.00 16/08/2011

16/08/2011 Charges 182.00 16/08/2011

16/08/2011 Interest 630.00 16/08/2011

 

Total due:- 0.00

The claimant claims the u, of 962.00 for fixed loan agreement

 

 

 

I contacted Cash Genie yesterday for the agreement and a statement, they asked if I wanted to make an offer... I typed up a letter, titled "Offer made entirely without prejudice or admission" a I wa advised to do so, my offer was to repay £195 (the original £150 + £45 interest), over the next 6 months. My offer was rejected with the following:

 

"Hello ******,

 

Unfortunately your offer is unacceptable and will not be accepted on the basis that the amount is too low.

 

All charges and interest accrued on the account were agreed by you should you enter a state of default upon signing the Consumer Credit Agreement which is a legally binding agreement."

 

My issue is that I contacted them and there DCA Carter Forbes in July explaining I was struggling and would they accept token payments until I start work for HM Armed Forces in November, neither of them replied. Now they won't negotiate, I really could do without judgement being entered and feel I have tried to negotiate yet they haven't- is there anyway the judge would accept this and not enter judgement?

 

Thanks

[postggj]

which solicitor has issued the claim , or is it a dca

 

if a dca, name them

 

who is the claimant on the claim form

 

is it cash genie or the dca

 

WHAT IS THE DATE OF THE CLAIM

[SoldierOn]

sorry, date of claim 17th Aug

 

The claimant is Cash Genie UK Limited, although Cash Genie said in an e-mail yesterday they have instructed are Douglas Wemyss Solicitors LLP. I've never heard anything from these though

[postggj]

Read that link above and then ask your questions

[SoldierOn]

Just been reading it, so initially I need to acknowledge service stating I will defend in full?

sorry if I'm being dumb but I don't want to mess sup!

[postggj]

Is it a mcol court claim

 

thats money claim on line

 

if so, it will list a password

[SoldierOn]

Yes it's MCOL, although the password doesn't work?! I have tried it several times!

[postggj]

KEPP TRYING TO WORK IT OUT

WE HAVE UNTIL THE 31 AUG TO ACKNOWLEDGE THE CLAIM

 

SEND THIS BY RECORDED DELIVERY TOMOROW TO DOUGLAS WEMYSS (SOLICITORS) WITH A COPY OF THE CLAIM

 

 

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court[

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the documents mentioned in your Particulars of Claim:

 

1 The Agreement. A copy of the signed, executed Credit Agreement regulated by the Consumer Credit Act 1974. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the signed originals should be available at the hearing. Further, that any general conditions incorporated in the contract, both at inception and as amended, should also be attached.

 

2 The Default Notice - a true copy of the Default Notice, and /or a copy of the relevant communications log showing issuance, plus proof and method of posting.

 

3 A full statement of account showing how the amount claimed is calculated

 

 

Please ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter, in compliance with CPR 31.15(b).

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 requests.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours faithfully

 

FILL IN YOUR DETAILS AND CLAIM NUMBER AT THE TOP

 

REMEMBER

 

RECORDED DLIVERY

[SoldierOn]

On with that now, I have never been given an address for Douglas Wemyss, shall I just use the registered office?

 

sorry for all the questions and thank you!

[postggj]

If the solicitors are dealing with this then they should be on the claim form of who to contact

 

can you scan the claim form into your pc

[SoldierOn]

I don't have a scanner, give me an hour or so to sort out dinner and I will nip to a friends to scan

[sillygirl1]

Have you made any payments towards this debt, if so list them down and put all your correspondence in order.

 

Sending a CPR to them for the agreement is a waste of time IMHO, I've helped lots of CAGGERs beat this lot with simple defences rather than a properly particularlised defence.

 

Basic defence for this is as follows

 

I xxx am a litigant in person with no recourse to professional legal advice. All costs should be kept to a minimum and mediation is the preferred method in dealing with this vexatious and litigatious claim.

 

On xxx date I borrowed xxx from xxx company, being a payday loan company. Section 87 of the CCA Act applies so default notices are not needed as the original loan was for xxx days. The company deposited xxx into my bank account, NOT the xxx they claimed as xxx was taken for 'fees'.

 

List any payments made here (rollover fees)

 

On xxx date I started corresponding with them as I had financial problems, the correspondence trail is listed below. At no time did I state I was NOT paying them back.

 

List correspondence trail.

 

The company continue to refuse to come to an agreement and insist their fees are legal and valid as they form part of the terms and conditions. UTTCR applies here.... depending on what you are counter arguing.

 

I believe I am only liable to repay xxx being the original loan amount and one months interest - and have already repaid monies stated above.

 

I believe this needs to go to mediation to allow the company to prove their fees and added charges are just and reasonably reflect the work involved in recovering this short term high interest loan.

 

This is a statement of truth by xxxx

 

That is it, keep it simple and try to keep out the 'legal' stuff as you won't be able to counter argue in court, simply sending in a defence is enough for some of these 'solicitors for rent'.

[postggj]

SOLDIER ON

GO WITH SILLYGIRL ON THIS AS SHE IS THE EXPERT ON PAYAY LOAN COMPANIES

 

OVER TO YOU SILYGIRL:madgrin:

[sillygirl1]

Wouldn't mind betting this is another one which gets 'stayed' at AQ stage as they won't cough up the fee.

 

I'd also stick in a complaint pronto to Trading Standards and the OFT about them putting in a claim and then passing to a so called legal team.

[SoldierOn]

Thanks for your help

 

What would it mean if it got 'stayed'?

 

Also, further to my post earlier- "My issue is that I contacted them and there DCA Carter Forbes in July explaining I was struggling and would they accept token payments until I start work for HM Armed Forces in November, neither of them replied. Now they won't negotiate, I really could do without judgement being entered and feel I have tried to negotiate yet they haven't- is there anyway the judge would accept this and not enter judgement?" do I stand any chance of this?

 

Many thanks

[sillygirl1]

This is exactly why you must get the defence in and fill in the information, the reasons go in the correspondence trail and can be argued in court (it will probably be mediation). If you do not enter the defence they will wil automatically.

 

If you enter the defence it then goes onto allocation stage, you fill in another form and send it to the court, they need to cough up an £80 fee for their AQ and this is usually when it gets 'stayed'. When it is 'stayed' you can request a 'strike out' and they cannot enter another plea against you.

[SoldierOn]

Hi Sillygirl,

 

thanks for your help so far, I have now received the AQ, if I tick the box for mediation? Do you have any other pointers as to what I should/shouldn't say?

 

I have spoken to the court today, they say to send a covering letter explaining that I join the forces in a months time and therefore am unavailable for any hearing so that the case isn't listed, they seem quite helpful.

 

Many thanks

[sillygirl1]

Yes, tick the box asking for mediation, apart from explaining to the court when you are not available that should be it.

 

Good luck and keep us posted.

[SoldierOn]

Hi,

 

thought I'd update whilst I can, I opted for mediation, the claimant has returned there AQ and the court is dealing with the paperwork at the moment, I am trying to chase things up as/when I can. Really want the whole thing sorting now!

 

Will keep you's posted as/when I can

[SoldierOn]

Hi all,

 

*****

 

Thanks

Edited January 16, 2012 by SoldierOn
temporarily edited to remove detail in case the claimant is snooping- will replace text in a few days