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    • Agree completely.  What is disturbing is that VCS actually went for an appeal, the motorists were too lazy to turn up so Simon now has an appeal level verdict in his favour.
    • There were a number of matters that concern me in Judge Saffman's verdict. The first is  that you cannot form a contract with a forbidding  rule. This was not the case in PE v Beavis as it was within the bounds of a carpark where motorists were allowed to park their cars.  Also if a motorist who does stop when apparently they shouldn't is therefore a trespasser and as such VCS cannot sue for trespass only the landowner can do that. Secondly and the Judges in the Beavis case alluded to the fact that while the amount charged -£85- was not a penalty, that had he offence been one of secondary importance then the charge would have been a penalty.To pull off the road for 30 seconds would in most people's view be of secondary importance and therefore a penalty. It is interesting to note that the new Appeals charter for motorists will include mitigating reasons and a tiered system to differentiate between major and minor offences.  On top of that what does a driver do if a pedestrian walks out on to the road. At the moment it looks as if the driver has to run them over since to stop would bring on a fine. That would be ridiculous. And what about a tyre burst or a collision between two vehicles? The Law for the latter  is that you have to stop and exchange details. And there are several other reasons why a motorist may have to stop and none of them would be mitigating. And for every case where a "no stopping" rule has been upheld by a Judge, there have been about  five where the decision has gone the other way.   The Judge paid too much attention to the Beavis case and took its arguments into consideration to justify his reasons when the Beavis case had little similarity to the no stopping case which was confirmed by the District Judge who staed that the two cases "were substantially different on the facts".  
    • Ok I sent off my letter to Gladstone and MB, now the waiting game. I showed MSE and National Consumer Service my letter before claim response and the majority people were not impressed with my letter.   But after reading this quote on CAG, it feels like the next best approach regardless: ''No, it is not a joke reply. The more you show these con artists respect the more they will try to fleece you. Don't fill in their Section D. Treat them with contempt. They're not the police or the council, they have no right to this money and they know it.''   I still feel I've made the right decision but I feel doubtful at times with the wide amount of different opinions people have approaching this situation on the MSE and National Consumer Service forums.   (When I put in p.e.p.i.p.o.o it auto corrects to National Consumer Service)  
    • Exactly which is the core issue for the dispute they have estimated an annual usage in excess of 100,000 kWh of gas. Not only estimate it but they have attempted to bill for it as well.   This is again why I move to make a case for fraud. Their action is so egriegous it must be known to be dishonest and potentially a deliberate move to prevent switching supplier.   Therefore any corrective action does not hinge on my input, notwithstanding it is not required in their terms and conditions.
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Ariste Holding Limited, trading as Cash Genie, has entered into an agreement with the Financial Conduct Authority (FCA) to provide over £20 million of redress to more than 92,000 customers for unfair practices.

 

http://www.fca.org.uk/news/cash-genie-redress-unfair-practices

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The payday lender, Cash Genie, has been ordered to pay £20m to people they’ve ripped off. The lender was told by the Financial Conduct Authority (FCA) to dole out the money to more than 92,000 customers.

 

Turns out that they’re been ripping off customers in a number of ways, with Cash Genie charging fees which they were not entitled to, according to customer contracts. In some cases, they charged people who weren’t able to repay their loans £50 to transfer them to their own debt collection firm, Twyford Developments.

 

Basically, they were taking money needlessly from people who were already struggling with debt.

It transpires that Cash Genie were also rolling over and refinancing loans without customers’ consent, which of course, all means that people in financial hardship were being hit with extra interest and additional costs.

 

Cash Genie also traded as the online brands txtmecash and paydayiseveryday, with customers advised to go to these websites on the promise of a fresh loan. Then, when customers went to these sites, they were used to harvest banking information so they could take payments from existing loans without permission.

 

So, Cash Genie will reimburse some people and write-off the debts of others.

 

Linda Woodall of the FCA said: “We expect all firms to notify us of any unacceptable past or current practices and provide appropriate redress to anyone affected.”

 

What Do I Do Next If I Was A Cash Genie Customer?

For the time being, if you’ve been swindled by Cash Genie, you don’t need to do anything. Cash Genie is going to contact affected customers by 18th September.

 

There’s more info over at the Cash Genie website, if you think you’ve been affected. The FCA also have some information as well.

 

For the time being, sit tight and wait for Cash Genie to get in touch with you. Do not appoint a claims management company to sort this out either, as they’ll charge you for a service that you won’t need.

 

If you feel that it is important to talk to someone, you can contact the Cash Genie Customer Service team on 0333 366 0023, or email them at customerredress@cashgenie.co.uk or by letter at Cash Genie, 2 Reavell Place, Ipswich, Suffolk IP2 0ET.

 

If you’d prefer, you can get in touch with the FCA by calling 0800 111 6768 or 0300 500 8082, or email them at consumer.queries@fca.org.uk.

http://www.bitterwallet.com/cash-genie-to-pay-20m-for-ripping-off-borrowers/86917

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I'm surprised with the £20m figure it seems very high for a small company like this. I think Wonga which is much bigger made £80m profit in its best year.

 

According the competition commission readings (I'm not allowed to post links) Cash Genie made £1m profit in 2012 so this redress scheme must have pretty much wiped all their profits since their existence in 2009?

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No it wasn't that one but it was on a similar heading. This one was a summary of all the top 10 or so payday lenders and told you the revenues and profits for some of them.

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anybody know why they would 'voluntarily notified the FCA that it had engaged in unfair practices'

and why the FCA didn't know?

 

or were there loads of complaints that the FCA was not, or at least had not yet actioned?

 

Update

Jesus Wept :

Interest charged at a higher rate than what was stated in customer contracts, which was equal to 30% of the outstanding balance per month,


Handcock alleges there are 240,000 tests every day - Yet figures show only 60-80,000 people a day are tested

... So whats happening to the other 160,000+ tests a day?

Why the populist problem with customs checks to cross the Irish sea to meet International agreements and Law

... when Johnson is happy to implement Border + Visas to access Kent?

 

£288 million pounds a week - The ADDITIONAL cost of Brexit customs bureaucracy alone - stuff that on the side of a bus.

 

Its official: Boris 'The Liar' Johnsons word is not worth the paper its written on

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I'm surprised with the £20m figure it seems very high for a small company like this. I think Wonga which is much bigger made £80m profit in its best year.

 

According the competition commission readings (I'm not allowed to post links) Cash Genie made £1m profit in 2012 so this redress scheme must have pretty much wiped all their profits since their existence in 2009?

 

It's not difficult [or unlawful] to move profits offshore, purchasing services, leasing equipment or engaging in credit control with group child companies is generally a good earner.

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Cash Genie have sent 2 e mails saying I am due a redress of 472.88 and 108.71 both have been for not providing statements no mention of the fact that they kept rolling over my loans. Thankfully I have not had any dealings with them for nearly 2 years now.

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I'm only getting the template letter at the moment.

Although on the phone they have told me I am due for redress, but not the amount.

 

Also they said that no electronic payments will be made until after 10th August.

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  • 2 weeks later...

They refused me as my last PDL loan EVER was back in 2011 - so it is off to the FOS/FCA I go - they did this behaviour way way before 2013 so why can't they go back to 2011 - still within the Statute of Limitations period.

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They refused me as my last PDL loan EVER was back in 2011 - so it is off to the FOS/FCA I go - they did this behaviour way way before 2013 so why can't they go back to 2011 - still within the Statute of Limitations period.

 

Good luck

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  • 3 weeks later...
  • 3 weeks later...
i was offered under £10 redress, so i complained, and ended up getting back near £130... im a happy camper. i had paid near £360 on my loan!

 

 

Hey - I have just been offered £12. What did you say to get them to pay you more?

 

Thanks :)

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I received a letter yesterday informing me that a cheque had been sent to a previous address and to confirm my details with the company. The letter was dated 17th September. I tried using the telephone number which is currently "not in service", their website is down and my email was returned as not delivered. :|. Just about to email FCA.

 

**Update** just contacted FCA. It appears CG have been sending out letters with incorrect contact details which the FCA "are aware of". Anyone trying to contact CG should use 0333 366 0023.

Edited by Crashed767
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