help please

[j832]

Hi All,

 

I had a loan out with cash genie back in december 11, i lost my job long after it and was unable to repay it. Recently, i started a new job, and phoned my bank to get my overdraft increased. they increased it by 250, just for help with travel costs to/from work for the first while. i went to withdraw it and cash genie had wiped my account through carter forbes. I phoned up, they refused to give it back.

 

I was just wondering, can i class this as fraud as:

 

1. I never gave them my details.

2. THEY broke the agreement; as It states in my cintract that if unpaid they will try for the money from my card 1. every friday, 2. last working day of the month, 3. on a day which they discover to be my real payday if my payday given was inaccurrate.

 

I know that what they did was wrong, and i probably should have paid it back sooner, but with no work it was hard, and I said to them on the phone i would pay it all off on my first paydate if they could refund the amount until then and they said no, so i re-read my contract which clearly shows that THEY HAVE BROKEN THE AGREEMENT as they took the money on thursday 11th october, which was not my paydate, a friday or the last working day of the month.

 

The other problem is that it was cater forbes that took the payment, but cashgenie cannot hide behind this and say that the terms had been changed, as they informed me that i would be given written/electronic information that if they passed my details to another company my terms and conditions would change in the transfer, and this never happened.

 

Any advice would be greatly appreciated

 

Below is a copy of a letter i have sent to cashgenie.

Thanks Again

 

Hi,

I had a loan with cash genie last December 2011, and was unable to repay it. Wednesday, 10th October 2012, i applied through an affiliate of yours, paydayiseveryday for a payday loan as I had recently sought new employment and would be paid at the end of this month, at which time I would be able to pay back my oldloan and this new one. This loan was declined on 10th October 2012 On thursday 11th October 2012, your collection agency carter forbes went and collected the funds from my account from an overdraft i had completed with the bank. according to my terms and conditions:

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.

However, this was done after my loan had been declined in contravention to my terms and conditions laid out by you.

Furthermore, I never at anytime under my terms and conditions gave permission for you to pass my card details to carter forbes; I agreed for cashgenie to collect the money, not your partner.carter forbes.

Moreover, You state that money I owe will be taken:

11. In the event that clause 10 applies, you authorise us to use your Debit Card Details on:

each Friday;

every last Working Day of each month;

each Payment Anniversary or, if we discover the date you told us was your pay day when you applied for this loan is inaccurate, the date which has been confirmed as the day on which you are paid each month in order to recover first the First Repayment or Additional Charge followed by either the remaining balance outstanding at that time or, if we are unable to recover the remaining balance outstanding, the amount of credit. We will only try to recover each of the First Repayment or Additional Charge and the remaining balance outstanding or amount of credit on each of the days listed in the bullet points in this clause 11.

However this money was taken on thursday 11th october 2012, which none of the dates apply to. therefore, you have fraudulently taken the payment from my card at an unauthorised interval and as such I demand an immediate refund. I have made a copy of this text and wil keep it in case Ineed to get the police involved and alos my bank.

I will give you the period stated, 24 hours most for a response, then I will be contacting the police and my bank to explain the fraudulent details to them.

 

I can be contacted on

Regards

29/07/1989

 

 

Would Chargeback work???

Edited October 16, 2012 by j832
additional info

[j832]

ok so have spoken to bank, ulster bank, who on thursday told me the refund would be sorted. then i spoke to someone from visa retail disputes saying that i had to wait until the funds settled in other persons account.

 

I phoned today when the funds left the account and showed on satement, only to be told by fraud team that because i knew them they could do nothing, and visa retail told me they dont get involved in payday loan disputes. any help PLEASE?????

[lilyx0xmunster]

cancel your bank card and get a new one asap don't give out new details to anyone. Write to your bank informing them that you do NOT authorise any payments by BACS CHAPS or any other payment from your account to the payday loan company involved. PDL's are known to keep trying to debit your card even if it's pennies here a few pounds there.... they will try 24/7 have been on the end of one not so long ago... do not ring them in anyway shape or form write to them asking for a complete breakdown and then post on the forum someone with a lot more knowledge will be along to help you i'm sure.