court papers from cash genie what do i do next

[lynzfa]

i recieved court papers from the court for a payday loan i had with cash genie.I filed an acknowledgement of service and said i intended to defend the claim but dont know what im supposed to do next.I dont know how to defend it or anything,can someone please help me thanks

[Kitten1]

Could you post up the particulars of claim please? How much did you borrow?

[lynzfa]

the loan was for £150.the particulars are below

08/02/11 approved £150.00

08/02/11 interest £225.00

08/02/11 charges 182.00

08/02/11 repaid £0.00

plus £150 court costs they want £707 in total

[Kitten1]

Jannerbird could you start your own thread and we can advise accordingly. It isn't a [problem] and needs to be taken seriously as otherwise they will go for a judgement by default and you end up with a ccj.

 

Lynzfa-

 

right, this is usual for cg. A judge will have a field day with them for those astronomical charges. You defend the whole claim based on the original loan amount plus one months interest. That's all they are entitled to. Sillygirl1 is the best at dealing with these pocs. I'll see if she's around to give you a hand x

[lynzfa]

thanks kitten so do i wait for them to contact me now i have done an acknowledgement or do i go back online and do a statement or something,really have no idea what to do with court stuff lol

[AndyOrch]

thanks kitten so do i wait for them to contact me now i have done an acknowledgement or do i go back online and do a statement or something,really have no idea what to do with court stuff lol

 

Hi Lynz

 

This is the process you have 33 days in total once a summons is received.( 5 deemed served) so 28 (14 to acknowledge) and if defending a further 14 to submit your defence..Once acknowledgment as been done you need to prepare for your defence. This is done by way of a CPR request and also a CCA request.

 

Type out the particulars of claim word by word less any identifiable details, this will establish which CPR is viable, the CCA request can be done asap.

 

Andy

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?318505-jannerbird-v-cash-genie

 

jannerbird, I have started your own thread. You can find it in the link above

 

Hopefully, those people contributing to this thread, will pop over and offer you some advice as well

[sillygirl1]

What you need to do is post up the particulars of claim, I will do a defence you post a day after acknowledging.

 

Get together the following as you will need them for the defence

 

1. List of any payments you have made plus supporting documentation

2., List of all correspondence with supporting paperwork - I assume you have tried and failed to come to an arrangement with them.

 

You also need to complain to the following about them misusing the court system

 

http://www.tradingstandards.gov.uk

http://www.consumerdirect.gov.uk for the Office of Fair Trading - remind them they have sanctioned Payday loan companies for not following proper pre-court protocols before.

 

I will be back later on with a skeleton defence - you only need a short one to sink this lot.

[lynzfa]

the particulars of the claim are

 

Fixed loan agreement

Date Description Amount Due date

08/02/11 approved £150.00

08/02/11 interest £225.00

08/02/11 charges 182.00

08/02/11 repaid £0.00

 

Total due £557.00

The claimant claims the sum of £575.07 for fixed loan agreement

Including £18.07 interest pursuant to S.69 of the county courts act 1984

Rate 8.00%pa from dates above to 03/08/2011

Same rate to judgement or (sooner)payment

Daily rate to judgement: 0.12

Total debt and interest due £575.07

 

so i owe £575.07 plus £55 court fee plus £70.00 solicitors costs

[AndyOrch]

I trust you have made payments Lynz and the above is a total fabrication and abuse of the CCBC.

 

Andy

[lynzfa]

i did make a payment but it was only £45 so i could delay the payment for a month as i thought my work hours would have been back up by then.They said i could pay 345 and defer the payment for a month so that is all i have paid as i then lost my job.So i wrote to them and offered to pay £5 a week as it was all i could afford and they refused

[sillygirl1]

Defence is as follows, get this in ASAP and they won't like it

 

Number each section and fill in the xxx's with the information needed.

 

I xxx date of birth xxx, borrowed xxx from xxx company who are a payday loan company for xxx days. On xxx date the contract came to an end as per Section 87 of the CCA Act and the company are only entitled to the original loan amount and one months interest.

 

Pre AND Post judgement interest cannot normally be claimed on alleged debts under £500 and the original debt was xxx. On xxx date I paid xxx as a 'rollover' (interest).

 

Given the constraints of the bulk processing system the claim is bald and discloses no pre-court protocols nor any valid reason for the inflated claim.

 

On xxx date I began corresponding with them (put your emails in order and add them as attachments) and they have to date refused, this is against pre-court protocols as well as the OFT guidelines on debt collecting. I would remind the court that I am a litigant in person with no recourse to professional legal help and that this case is suitable for mediation.

 

This is a statement of truth by xxx

 

Its as simple as that, usually what happens is the company is hoping you won't acknowledge and file a defence, when you file the defence the claim is moved to your local court and you will get an Allocation Questionnaire which you fill in and send back, they will get one too but they have to send in £80 with theirs, 9 times out of 10 they don't and the judge then strikes out the case

[lynzfa]

Thankyou very much for your help,lets hope they dont send their questionaire back then lol.ill keep u informed thanks again

[sillygirl1]

Have you sent the defence back to the court then? It won't happen unless the defence is returned.

[lynzfa]

yeah ive returned the defence so do i just wait to hear from the court now

 

yeah ive sent the defence back so do i just wait to hear back from the court now then

Edited September 9, 2011 by citizenB

[sillygirl1]

I hope you returned it to the court and not just the other sides solicitors, they have been known to 'loose' defences sent to them.... sorry to seem a bit obvious but I've had a couple of people questioning every little thing lately.

 

Yes, just sit back and wait for the court to contact you - you may receive a notice of discontinuance from the other side but you would need to check that with the court.

[lynzfa]

Yeah it was the court i returned it to i assumed that was where it had to be sent anyways so thats ok.Thanks for your help

[lynzfa]

hi i have just recieved the allocation questionaire and filled it in and sent it back,do i just wait now to see what happens.

[sillygirl1]

I bet they won't return theirs.....

[lynzfa]

i hope not

[citizenB]

You can check with the court to see if they have returned their AQ.

[lynzfa]

i rang the courts to find out if cash genie had paid the court fees as its due to be heard on the 20th february and they have paid the fees,what do i do now

[AndyOrch]

Claim is continuing, time to prepare as per you Notice of Allocation.

 

Andy

[sillygirl1]

Ring the court again and ask for mediation, you have the right to do this, and if Cash Genie refuse mediation the judge will not be impressed.

 

Have you got the defence filed?

[lynzfa]

Yes i filed the defence online when i first recieved the papers from them