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    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
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cashgenie took more money than i owe


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I was paying off a loan of 250 with cash genie and had 70 left to pay I missed this last payment and was passed to debt collectors I agreed with them to pay off the 70 today and when I checked my bank they have taken 311 when I called them they said it was because I had applied for further credit elsewhere and this was in breach of their terms and conditions so they have to charge the added charges. I've now paid well over 400 for an original 250 loan. What can I do? I tried my bank because I hadn't given cash genie or the debt collectors my new account number but because I've had a previous affiliation with cash genie they can't do anything. But I used a different bank account with a different bank so I don't understand it.

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OK. you Must get complaining right now and contact trading standards and the police.

 

This could get them shut down.

 

Meanwhile, get in touch with your bank, in writing, and demand a chargeback. Do not take no for an answer.

 

I've asked an admin to come and advise on what CG has said about them stealing money from you.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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The bank has to return your account to the state it was before the payment if you tell them that the payment was not authorized by you.

If you had previous dealings with CG is not relevant for this.

The law is clear on this matter.

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We can sort out the money problem easily, although it will take some time.

 

The main thing is that we get teh OFT and FOS to investigate Cash genie immediately. Especially with their response.

 

It proves that they will indeed say anything at all over the phone simply to get money from a debtor.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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OK. you Must get complaining right now and contact trading standards and the police.

 

This could get them shut down.

 

Meanwhile, get in touch with your bank, in writing, and demand a chargeback. Do not take no for an answer.

 

I've asked an admin to come and advise on what CG has said about them stealing money from you.

Now I remember how they got my bank details. I had a company called paydayiseveryday call me saying I'd been approved for a loan, I needed money to pay everyone off including this 70 to cash genie and gave them my bank details. I'm an idiot.

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Even if you gave them your account details they are not allowed to make any transaction you didn't authorize.

 

Just asking, you gave them the bank account details and not the card details so they would have used direct debit to get rhe money?

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Bank says money hasn't left my account properly yet and to ring back when it appears on my statement. Usually it's up to the company to give it back. Cash genie and everydayispayday have both taken money. I've never had a loan with everydayispayday it looks like they've taken money told cash genie there's money in the account and cash genie took 200 I'm furious and neither the bank or cash genie are helping. I don't really want to call the police cause I look so stupid

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Its not up to the company. Thats just a bad excuse the banks use to absolve themselves of blame. Can i ask how it was debited? Was it a visa card?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ok. then get in touch with your banks visa department and get chargebacks started.

 

Can i ask which bank are you with?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ahh goold old satander. We've had plenty of run ins with them. They have the attitude that the law doesnt apply to them, and they can do what they like.

 

Do not take their crap. Call up, and speak to a manager in the visa department and get a chargeback started. They can do this immediately and not make you wait 3 days until its cleared.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Santander will not do anything because I have dealings with the company, this is the 3rd time I've rung them. They point blank refuse to do anything for 15 days and then if the company refuse to give the money back they can try to purse it. I can't ring them anymore, so I've put a complaint in email vi my accounts secure messageing

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They will if you are forceful and start quoting the law and regulation. You may even have to issue legal proceedings against them to get them into gear. As i said before, they think the law doesnt apply to them. It's a reason they have a horrible customer service reputation.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You need to issue formal complaints and from now on, only communicate with the bank in writing, so you have a full paper trail as evidence.

 

Satander seem to be doing this a hell of a lot lately, and have a complete disregard for the FSA and for UK regulations. Perhaps it might be worthwhile informing the FSA of your situation, after you have issued a complaint to the bank and received a reply of course.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If you headed it formal complaint, or complaint, then they have 8 weeks max to issue you with a final response. The one that they consider a final response is the one you need for taking it to the FOS and FSA.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Going back to the so called breach of the terms and conditions-have you looked at these?

Would be interesting to see exactly what they are referring to.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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They said you applied for further credit elsewhere...did you actually get this ?

If it was another PDL can you say which firm ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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they phoned him and offered him a loan under one of their other trading names.

 

https://www.cashgenieloans.co.uk/terms.php

they are using section 7.1 to justify it.

 

the problems i see with it:

they offered him a further loan, irresponsible lending, although considering the circumstances its unlikely they ever really meant it, which could potentially take it straight into criminal offence territory.

 

they phoned him to offer the loan, insufficient info was provided about the terms and conditions for the second loan application which should render the second agreement null and void.

 

while he did owe them money he did not agree to their fantasy charges, so debt could have been considered disputed.

 

phoning him and offering further credit for the purpose of obtaining his card details, deceptive debt collection practice.

 

due to him not having agreed to the transaction the bank bas no choice but to refund it, however due the way cg obtained and used the card details the bank will most likely try to get the money back from cg after the chargeback.

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Ok I thought so.

 

7.1 You agree that if you apply for a loan and you already have an outstanding balance with Ariste Holding Ltd or any of its trading names such as Cash Genie, Payday is Everyday or Txt Me Cash, we may collect the outstanding balance from the account you provide in relation to your application before processing that application.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ariste Holding Limited7005622 Categories:

 

Consumer credit Credit brokerage Debt collecting

 

Right To Canvass Off Trade Premises:No

 

 

Trading Name(s) (Current):

 

Big E Loans Cash Genie Cash Genie Uk Cash-Doctor In Time Finance Payday is everyday Payday-Central Payday-Centre Payday-Partner Txt Me Cash

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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