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Cash Genie received 14 day cancellation - but tried to debit my account anyway.


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I recently sent Cash Genie a 14 day cancellation notice, which I know they received as I got a text from them to say they wanted to 'discuss' the said letter.

 

This morning, however, they have still tried to take a debit from my account. This was unsuccessful but in any case the point is that they do not seem to have taken my cancellation request into consideration.

 

My question is; is it enough that Cash Genie have received the said cancellation for it to stand, or do they have to explicitly confirm that they have accepted the request? An odd question I know but they want me to reply to them by 8pm tonight in regards to the declined payment. I want to know what I can say to them especially in regards to the cancellation that I requested many days ago (within the 14 days) and that this obviously 'cancelled' the agreement between us, which included the debit that was due today.

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Update - Cash Genie emailed me today regarding the declined payment and I've replied to them.

In regards to my earlier question about whether they needed to specifically accept my request, I think I've answered it as I've just had a read of the Consumer Credit Act regulations, Section 66A and it says that the request is deemed as received by the creditors (and I assume therefore actionable) on the day it was sent.

 

I have just sent them this:

 

I write in relation to the email that I have received from you today. I have also received the same email from your colleague, xxxxxxx, in regards to this matter but I will respond to you.

I wish to make you aware that, on the 30th January 2012, I notified Cash Genie that I wished to cancel the agreement between ourselves, within 14 days as specified under Section 66A of the Consumer Credit Act as well as is detailed within the contract you have supplied me with on the 21st January 2012.

 

In addition, I explicitly requested that you stop any attempt(s) from the date of cancellation to take any fees, charges or payments relating to the said agreement, in any of the ways and manners set out in Clause 9.6 of the agreement between ourselves.

 

Therefore, I do not understand why your company have made an attempt to debit my bank account today as the agreement in its previous form is no longer in effect.

 

I wish to be informed of the amount that is currently outstanding to Cash Genie, and I trust that you will supply me with a total of the amount due along with a breakdown of the components of the said amount. "

 

Note the sneaky clause that is in their contract; it is worded in a round about way but basically states they can debit your account as and when they feel like to get payment of interest, charges, fees etc. and that you must specifically ask for this part of the contract to be cancelled to stop this happening. I'm sure that the Consumer Credit Act makes provision for this, in that cancelling the agreement automatically stops any further fees, debits, charges etc, but I just wanted to cover myself in any case.

 

I'll keep you updated...

 

 

Edited by BrownEggs
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OK you'll have to bear with me because I'm bit of a thicko (apparently) - what are you trying to achieve?

Edited by asmilecostsnothing
removal

Happy to share my experience but for your own protection, please check and double check what myself and other Caggers inform

...

“Nothing in this world can take the place of persistence.”

 

:-)

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Really all I know is don't mess with Cash Genie.

 

Their charges/balance rises starts at 5.30pm on the day a payment is due, if you speak to them

it was only doing this that probably once saved me !

Happy to share my experience but for your own protection, please check and double check what myself and other Caggers inform

...

“Nothing in this world can take the place of persistence.”

 

:-)

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