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ChelleGoose

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  1. Since my last posting from Marshal Hoares, I received an email on Thursday 26/1 from NDR saying they are dealing with my file and not Marshal Hoares (?!). I replied to them on Toothfairy website and have heard nothing since. BUT I have complained to Consumer Direct and they are referring my details on to the Trading Standards Authority with regards to the way they are contacting me (several companies), unfair charges (referring to companies that are their own and charging for the privilege) and unenforceable threats. I have copied the email from the legal adviser at Consumer Direct for anyone who is interested - apologies as it is pretty long, but did not want to leave any of their message out.( I mentioned the contact with consumer Direct on my last message to Toothfairy/NDR - maybe that is why they have not replied yet?)> Thank you for your enquiry to Consumer Direct dated 25/01/2012. Your reference number for this case is ............ and should be quoted in all further correspondence regarding this case.From your email it appears that you have defaulted on a loan and that you are being pursued for payment. The key legal points in response to your enquiry are as follows: Firstly, only a court can force you to pay a creditor. A County Court Judgement cannot be made without the matter being brought before a judge. Only then can court bailiffs be appointed. The Consumer Protection Regulations 2008 makes it an offence for a trader to harass the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation. Therefore, the information you have provided will be passed to Trading Standards for their consideration. While individual complaints do not necessarily lead to immediate enforcement action, the information is valuable intelligence allowing Trading Standards to properly prioritize their activities. Trading Standards will only contact you if they require further information. For debt advice, you should contact National Debtline on 0808 808 4000. This is a national telephone helpline for people with debt problems in England, Wales and Scotland. The specialist advice given over the telephone is backed up with written self-help materials and they can assist in setting up Debt Management Plans. The service is free, confidential and independent. Alternatively, you may want to contact the Consumer Credit Counselling Service as they also offer independent advice on debt. You can contact them on 0800 138 1111. As the trader may have breached consumer protection legislation, the information you have provided will be passed to Trading Standards for their consideration. While individual complaints do not necessarily lead to immediate enforcement action, the information is valuable intelligence allowing Trading Standards to properly prioritize their activities. Trading Standards will only contact you if they require further information. Could you please supply us with an address for the trader so that we can add this to the case notes? Thank you. Please note: We here at Consumer Direct will always endeavour to give our best legal and practical advice, but in the end it is only the courts that can decide what your rights are and if the company/trader won’t give you what you feel you are entitled to, the only way to enforce your rights would be through the courts (although this is rarely necessary). If you require any further advice or information about this case, please do not hesitate to contact Consumer Direct on 08454 04 05 06 quoting the case reference number. NB: Consumer Direct will be closing at the end of March and an equivalent service will be provided by Citizens Advice from the beginning of April. We would like your permission to transfer the record of your enquiry to Citizens Advice in case you require further help on the same issue after March. This will allow Citizens Advice to see what assistance has already been given to you and enable them to advise you further without asking you to explain your problem again. If in agreement, could you please let us know by responding to this email in the normal way as we will need your permission to transfer your case record to Citizens Advice for this purpose. Thank you for your enquiry Yours Sincerely .... Consumer Direct .... – Legal Advisor – Consumer Direct North West
  2. Hi Trucker48 - I have just been sending messages on Toothfairy website (and copy and pasting all messages for my records) - I did send a message once on NDR website - but it just came beack within seconds with an auto-reply. None of them accept emails.
  3. Thanks asmilecostsnothing, I'm on the case. Update, I haven't received a reply from Toothfairy but today received the following email from Marshal Hoares - I have never had any mention (other than the mistaken phone call, where the NDR lad left a message and forgot who he was pretending to be that day and asked me to call Marshal Hoares, before correcting himself-see above). I know from reading this site that they are not bailiffs and hold no power, but can Toothfairy keep contacting me under several different names all at once? At the moment I'm getting emails, texts, voicemail messages - as I never answer my phone - from 4 company names - Toothfairy, Paycheck Credit, NDR & now Marshal Hoares all for the same loan. Copy of part of the email (the almost laughable part), I have deleted lots of symbols that must be from their template email: (Please note - I am a Miss, not a Mr. and my surname is not Customer I borrowed £400, they mention £18.93. Obviously they have just sent a template email and forgot to fill in the gaps.) Mr Customer Outstanding amount: -18.93 Offer Rejected Client: ToothFairy Finance Ltd – ToothFairy Pay Day Loan Date: [date] Dear Mr Customer Thank you for your correspondence. We do not find your offer acceptable. We are under no obligation legal or otherwise to accept it. Your file is now scheduled for a home visit to discuss your options and collect the debt. A home visit will also incur fees and result in a fail being registered on national credit reference databases. This will affect your ability to gain credit in the future. (Then it just goes on with how to go on their website or call to pay them) Loyalty, Marshall Hoares Bailiffs, Telephone: 0843 381 1111
  4. Just to let you know, saga continuing. Keep getting lots of emails - from Paycheck Credit, threatening to pass my file on to debt collection agents, but also getting emails, texts and phone messages from NDR anyway. (so it looks like they are both pursuing me - surely this isn't right?) I told Toothfairy that I want them to pass my file over to a debt collection agency so that I can make my offer of repayment to them. But Toothfairy continue to hound me (under the name of Paycheck Credit). The funny thing is today a message was left and they seemed to forget who they were calling from, because they hesitated, then said Marshal Hoares, then said "Sorry, NDR". I have gathered all my emails together and want to contact the OFT, but I just seem to be going round in circles, when I looked at the OFT website, it looks like I should go to Consumer Direct, is this correct? As I remember reading on here that the OFT already have a file on Toothfairy, I would be grateful for any advice on where to actually complain about Toothfairy.
  5. Hi, My partner has been made redundant (without any pay), so I told them that my financial circumstances had changed, he had been made redundant and I offered them to pay the original loan amount plus 1 month's interest in 12 monthly installments. I also asked them to freeze the interest. Oh and I requested the payments to be made by standing order. (Although they seem to have all ignored that part). I also cancelled my card with the bank (as I really cannot close my account at the moment) - and this has proved the right thing to do as Tooth Fairy have sent me an email today (along with about 10 emails and texts from them and NDR in the last 24 hours) saying that they tried to take the payment and it was declined. As I said, Wonga agreed immediately, ToothFairy are refusing anything and the other 2 say I have to default first (which I really don't want to do so will try to contact them again to see if I can get anything arranged before I have to default). Good Luck!
  6. I have got in a pickle with payday loans, managing to pay them but spiraling and never-ending - until I found this site. Thank you all so much. Only just started to contact companies, but already there seems a light at the end of the tunnel. Without this forum, I would have been scared by Toothfairy's tactics, but everything is going as you have discussed on here - constant threats in emails, NDR emailing me with useless threats and without this forum I would have been in tears but I'm actually almost laughing at their emails - I have actually asked them for a copy of the agreement, as the loan was renewed by text after I repaid the original loan - I know I did not digitally sign any agreement - and they seem to be ignoring this part of my emails. So I will keep you informed. Wonga - now I must say that I braved emailing them last night and offered to pay them the original loan plus 1 month's interest over 12 months - I emailed them last night at 1a.m and they replied this morning accepting my arrangement without any hassle and freezing the interest (I would not have emailed them at all had I not read on here that some people had arrangements accepted) - and I'm sure we have this forum to thank for them being so helpful. Quick Quid - they have replied as per your forum and told me that unless I can pay it over 3 months (with interest frozen) to default and then contact them - I'm not happy to do this, so may still try to get them to agree to an arrangement. Wage day Advance basically said they could not agree an arrangement until after I default, so I will persevere. Thank you all again so much for your advice and insight.
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