Toothfairy Finance/NDR/Marshall Hoare queries **

[sillygirl1]

Yes, that is what a judge would order, the original loan plus one months interest.

[kb2011]

Thanks! I did wonder if that meant the £276 + a months interest, so thanks for clearing that up!

 

Yeah, they're not too great - I've been detailing it on my blog and the general consensus from anyone commenting is they're all clowns, all operating against rules set for them by The OFT, it just goes on and on. Despite the threats of court/CCJ's, it would appear they've been to court NIL times and gain ZERO CCJ's, so I feel pretty confident regardless. It's just the talk of "door agents", which they apparently do have and the prospect of all sorts of harassment - the fact that government bodies seem a little reluctant to act on things is a bit disappointing, but alas.

 

Two texts from them today!

 

NDRecovery

 

YOUR FILE IS WITH BAILIFFS. DOOR VISITS AND COURT ACTION IMMINENT. WE HAVE NO OTHER OPTION AS YOU WILL NOT SPEAK TO US. CALL 08433810843

 

NDRecovery

 

xxxx you committed to a payment plan to settle your Toothfairy Loan. A payment of 36 is due tomorrow. Failure to honour this will lead to extra fees.

 

Are you taking me to court or continuing to bump up the fee? It makes no sense.

[kb2011]

So anyway, TFF tried to charge me the £36 last night and obviously it failed but unlike the night before they didn't add the £36 on to the current total. I'm confused as I thought MHB owned the debt now, yet NDR contact me about it and TFF try to charge me for it?

 

Anyhow, I was actually sent an email with their payment details and I'm told that they'll try and take the money again tonight - obviously it won't be there.

 

Another two texts from them.

 

IN 4 DAYS BAILIFFS WILL CONTACT YOU. THIS WILL ADD FEES, LEAD TO COURT ACTION AND DAMAGE YOUR CREDIT REPORT POTENTIALLY STOPPING ANY FUTURE CREDIT - 08433810843

 

xxxx you committed to a payment plan to settle your Toothfairy Loan. A payment of 36 is due tomorrow. Failure to honour this will lead to extra fees

 

I've basically had enough of this now - I've emailed the OFT and although they're looking in to it, I assume this will get a lot worse before it gets better - is there another particular route of writing I should go down here? I've already contacted all of the above "creditors" and the OFT...

[kb2011]

Also, is there anything I can do ref: nuisance phone calls, bombardment of emails and SMS?

[sillygirl1]

They can''t send bailiffs without a court order, and if the people turning up claim to be bailiffs then call the police.

 

Did you remind the OFT that they have already told Toothfairy off at the end of last year?

[kb2011]

Aye! Whilst their response was swift, I don't hold much hope for any action on it in the foreseeable future (that's my defeatist attitude).

 

As far as things go, I'm going to tell them all (TFF, NDR, MHB) that because communications have essentially broken down I am reverting to my original offer of £272 (not 276 as previously stated - my bad) to be paid outside of my DMP due to them working on a pro rata basis, i.e if TFF say the bill is now £8000 - they'll change it to that, which I argued with and was not overly happy about.

 

If I make direct payments, say 10 x 27.20 for arguments sake and can prove it, then surely this shows I've not been unreasonable?

[sillygirl1]

Thats the way to go, I've NEVER agreed with the DMP basis of pro-rataing debts, why not pay off the smaller ones first then the bigger ones will make 'offers' every three months, thats how I did it myself, and 'them what shouted loudest got £1 token payment'.

 

You ONLY owe Toothfairy the original loan amount and one months interest, no more, they CANNOT continually default you as the original loan period was automatically terminated by virtue of Section 86/87 of the CCA act.

 

If they go to court and you can provide the payment record it is unlikely a judge would make you pay £800+ for a £250 loan.

 

Have you put a complaint to the OFT, mentioning that they have already sanctioned Toothfairy.

[kb2011]

In other news, bailiffs are going to be in touch with me in two days! I hope I get to go to the imaginary court hearing between now and Friday.

[kb2011]

As mentioned, I sent those terms recorded delivery - I also sent an email to TFF using the generic question form on their site as it appears I can't email NDR/MHB (have they blocked me?) and rather than reply to the actual question posed, they sent this drivel.

 

Payment Plans

 

It is always advisable to stay in contact with your creditors to avoid additional penalty charges.

 

Loans are meant to be repaid in full at the end of the initial loan term. This is made very clear in the terms and conditions you agreed to when you took out the loan.

 

We cannot accept a payment plan.

 

Please confirm when you will be making FULL PAYMENT to close your file.

 

Please note payment of GBP 796 needs to be made by 08.07.11 to stop this file being passed to third party Recovery Agents and further fees being added.

 

however......

you can rollover / extend your loan by just paying the interest on day 28 of your loan. You will receive an email explaining this when you are eligible

 

 

Thanks

 

 

Collections Team

Toothfairy Finance

t: 08000 882 222

 

So you don't do payment plans at all? That's not what you said on the phone.

That balance is wrong. I've already paid some (£27.20, y'know 10% of the actual loan).

A rollover? Yes, that seems reasonable.

[kh41]

Hi all

 

it seems MHB have passed my file to a solicitors called Atkinson & Firth in yorkshire who are giving me 7 days to pay or come to an arangement with MHB or they going to court.

 

the strange thing is thgough

 

a/ the balance is 300 less than what MHB are asking for in my latest e-mails from them

b/ they keep telling me to contact MHB not them

c/ If i pay MHB 600 they will close file

 

whats my next step, is this just another bluff and has anybody ever heard of this company ??

[raynelouise]

I have just come off the phone with Marshall Hoares Bailiffs and was told that i was using my Dad's Heart Attack as an excuse for not been easy to reach!! I am taking this all the way to the top and taking those idiotic call center staff down. I'm guessing that non of them have been laid in a long time or maybe they have no qualifications. Turned down by Mac Donalds!!

[sillygirl1]

Get onto the newish Trading Standards site http://www.ripofftipoff.co.uk and report them, they CANNOT use bailiff powers for collecting on a common commercial debt which has not been to court.

 

If a bailiff does come round shouting they are a bailiff call the police and report that you have somebody demanding money with menaces on your doorstep. You have NO contract with Marshall Hoares despite what Toothfairy may think.

[kb2011]

Just spoken to Consumer Direct who've added to my complaint and referred me to the FOS.

 

The FOS are in agreement that these lot cannot just enter your house and would need to obtain a court order before hand which as he said "is a long winded process", we already knew that but it's nice to be reassured.

 

The FOS have launched a complaint against them on my behalf so I would advise everyone in the same boat to get on to them as it was relatively easy - they have advised that all debt collection procedures should be halted for eight weeks whilst they can investigate the case - they've also advised me to send off the template letter to request they stop harassing me via text, email, phone etc.

 

Would recommend everyone else goes that route!

 

Hi to the constant visitor to this page.

[kb2011]

Another update of where I'm up to:

 

An SMS this morning:

 

Your file has been assigned to Marshall Hoares Bailiffs. You will shortly receive a letter. DO NOT IGNORE

 

Followed by the email:

 

BY LETTER AND EMAIL

 

Online payment ID: xxxxxx

 

Outstanding amount: 796

 

Letter of Instruction

 

Reference: BAILIFF/INTR/xxxxxx

 

Client: ToothFairy Finance Ltd - ToothFairy Pay Day Loan

Client Ref: xxxxxx

 

Date: 02/07/2011

 

Dear xxxxxxxx,

 

We are writing to give you formal notice that ToothFairy Finance Ltd - ToothFairy Pay Day Loan has legally assigned the rights of the above debt to Marshall Hoares Bailiffs. This means that Marshall Hoares Bailiffs Limited now legally own this debt.

 

Our records show that you have failed to make payments / not come to an acceptable payment arrangement/ not responded to correspondences / when agents have visited your addresses you have not answered.

 

We intend to pursue you fully for all outstanding sums (GBP 796) including any fees we incur collecting this debt. Payment in full must be received no later than 13:00 SEVEN days from 02/07/2011

 

TAKE NOTICE: You should accept this letter as formal notification that unless payment is received within 7 days then your account will be considered for the following:

 

Consequences of inaction:

1. Court Judgement legal action will be automatically started in the County Court for recovery of the full amount outstanding. Any such proceedings will include additional claims for legal costs and interest which will increase the amount you will be required to pay.

2. Warrant of execution will be applied for to enable us to seize goods at your addresses and or an attachment of your earnings.

3. Register of Judgements any judgement will be entered in a public register, the Register of Judgements, Orders and Fines Credit Reference Agencies, who will supply the m to credit grantors and others seeking information on you financial reputation. This will make it very difficult for you to get credit.

4. Credit reference ToothFairy Finance Ltd have already advised the Credit Reference Agencies of your DEFAULT. This may seriously affect your ability to obtain credit in the future. Once the balance is paid in full, only then will the default be shown as “Default Satisfied”.

 

Yours Faithfully

 

 

Door Collections

Marshall Hoares Bailiffs

Telephone: 0843 381 1111

 

 

The content of this email should not be considered as an acceptance of any offer unless we previously review and expressly approve in writing your terms and conditions relating to the subject matter of this email.

 

The information in this email is private and confidential. If you are not the intended recipient(s) or have otherwise received this email in error, please delete the email and inform the sender as soon as possibl e. This email may not be disclosed, used or copied by anyone other than the intended recipient(s). Any opinions, statements or comments contained in this email are not necessarily those of Marshall Hoares Bailiffs Limited. If you wish clarification of any matter, please request confirmation in writing.

 

Marshall Hoares Bailiffs Limited.

Registered Company No.: 6871092

Consumer Credit License: 631168

 

Well, I've already paid £27.20 several days ago so that total is wrong.

 

But really, a formal demand for ALL the disproportionate money in the next seven days? As for the "DEFAULT" - TFF/CIM/whatver don't even show up on any of the three credit agencies with a file, merely a credit search, so is that a lie?

 

I've ignored the conditions of the email at the bottom, seeing as they've ignored everything I've sent to them.

[sillygirl1]

Get that email to the OFT immediately, and Trading Standards and Ripofftipoff

 

http://www.consumerdirect.gov.uk for the OFT - ring them and remind them they have already sanctioned Toothfairy for not having somebody legally trained to deal with these issues (in October 2010)

http://www.tradingstandards.gov.uk because the email is very intimidating and factually inaccurate. You have a right to defend yourself and they have neglected to tell you that

http://www.ripofftipoff.co.uk which is a Trading Standards offshoot and is collating information on unprofessional traders

[kb2011]

I'm inclined to say they do only exist for the purpose of justifying the "solicitors fees", as they don't seem to want to deal with the cases themselves over the phone.

[kh41]

hi Guys

 

i spoke to a mr graham gouldsborough at atkinson & Firth on friday and had a very interesting phone call and sent him quite a few e-mails i had recieved from our three favourite companies TOOTHFAIRY/NDR/MHB.

 

he seemed very concerned his company was being used by this lot in the way they were and promised me he would be looking into it , he also sent a e-mail to them on my behalf so awaiting a response.

 

i would advi9se all who have recieved a letter to ring him and add some more coal onto the mhb fire

 

kh41

[sillygirl1]

Nice one, at least you haven't gone into a tizz and tried CCAing left right and centre as another poster is trying.

 

The Bailiff firm really needs to be complained about as well, you need to complain to the local courts about them as they licence the bailiffs, I would send them a copy of the letter and state you have received it with its threats and no CCJ has been issued or judgement passed against you.

[kb2011]

Just had the annoying Aussie/NZ bloke from NDR call - believe he actually called me from MHB once.

 

When I asked him who legally owned the debt, he just gave me a spiel about how I'd be trembling when someone comes to my door and if I'd be so brave as to ask a load of questions to their face. Oh right, well I thought it was MHB dealing with this, so why the call?

 

He didn't tell me they were recording the call until about five minutes in when I asked. He wouldn't give me his name despite numerous requests, and when I told him I'd made a payment, his tone changed. When I questioned him about sending me everything they have on me on file, y'know, like I'm obliged to see (calls and letters) he just said, "well, if you pay us some more money, we'll talk a bit more" - because in his words I'm "a big man with a lot of time to type letters when he should be paying his loan".

 

They also don't acknowledge receipt of my recorded delivery letters. How surprising. I should add that they're refusing acknowledgement of payment - the bank begs to differ.

 

Hello to the constant "guests" on the NDR threads.

[sillygirl1]

Good to see them tying themselves in knots, they don't want to be helpful do they?

 

I wonder how much commission the bloke on the phone is loosing.

 

Don't forget to report the call to the OFT...

[bd1972]

Hi kb2011

 

I have my own post on here and have askeda question aboutt credit resources regarding a pdl but no reply. How do you know when guests are watching posts as when i log in there is always some one viewing my posts.

[kh41]

Anyone else been getting calls from NDR today, seems odd that letters from atkins & firth start circulating and being talked about on here then suddenly im flooded by calls from NDR

[katie22b]

Hello, i have found all your information very helpful, i have been in the same situation as yourselfs and iam getting quite upset about all this.I have paid back the £300 that i borrowed, and they are still bombarding me sayin gi have to pay another £400 on top, i have been on the phone to Marshalls this morning, having a full blown row with a stupid young girl who put the phone down on me, my father in law has spoken to a baliff company (a friend of his) who has informed me they have never heard of this company and that i should get a crime ref number at the police station and just sit back, if they do turn up, all i have to do is call the police, but iam still worried, so if anyone could tell me what to do next i would appreciate it very much.Katie

[kb2011]

Unfortunately for the guy who refused to give me his name when he called me earlier, NDR don't have any privacy for their colleagues either - he's not Australian, he's South African and he's called Jason. Well Jason, congratulations, you now have a name to a recorded, threatening call.

Edited July 4, 2011 by kb2011

[kb2011]

I've just noted that it seems they won't sign for any recorded delivery mail going to them and it's heading its way back to me; combined with the fact that their email will bounce me around constantly, where can I go from here?

 

I have kept proof of posting - I know this is the case here as The OFT have signed for their 50 page epic which was sent the same day.