BPO chasing old MCO/Hoores/cash choice/toothfairy 'debt'

[citizenB]

Today (09/05/12),I have received a DEFAULT NOTICE from Speed Credit,this was dated 30/04/12.

 

Quote,"DEFAULT NOTICE SERVED UNDER SECTION 87(1) OF THE CONSUMER CREDIT ACT 1974 ("THE ACT")

 

Is it normal practice for a document like this to be referred to as THE ACT.

 

If you are referring to the CCA 1974 within a court document eg a defence, then this would be the correct way of referring to it.

 

It doesnt generally feature on a Default Notice though and IMHO is pretty pompous of the company to put it. However, it does not invalidate the document.

[citizenB]

A default notice can only be used to collect arrears - so the amount to remedy the default would be however much is in arrears at the time the DN was issued.

 

Did it contain the Office of Fair Trading Fact sheet ?

[JOHNINYORK]

Thank you for the replies.

 

Citizen B......There was no OFT fact sheet with the notice of default.There is no money owed,as I repaid the loan the following day,with 2 days interest.I exercised my right in cancelling the agreement as laid down in their T/C's,but they say that I still owe the the interest for the whole duration of the loan.

 

SillyGirl.....I made them no offer,so how can they say that I did.They also say that I make no effort in contacting them,so they are contradicting themselves.

 

10/05/12......

They have tried again to remove money from my account,luckily the bank has stopped my card.This was on the 10/05/12.I also received an email from them,saying that I had agreed to automatic payments,news to me.I was also committed to pay £384 by the 10/05/12

 

11/05/12......

WARNING failure to respond,bailiffs,court,etc,etc.An email off Greg Campbell,NDR.Loan+interest GBP784.Contact within 3 days.

Also this same day,a text.YOU WILL NOT SPEAK TO US.CALL 08433810843 TODAY TO AVOID COSTS/DOOR AGENTS/BAILIFF ACTION.

 

13/05/12.....

Email from Campbell again.DO NOT IGNORE.SOLICITOR FILE.You still have not contacted us.CCJ,solicitors,bailiff's and recovery agents,etc.Also asking me to contact them,as they may be able to freeze any imminent action.

 

I tried to send (Nasty Dirty Rodents) an email on 08/05/12,to the web address that they use,but it was rejected.So,I sent it again via their web site.

I also have sent Speed Credit 2 emails on 09/05/12.One was a copy from Gmail,of all the times and dates of the emails sent to them,also the dates of the 5 letters that I have sent them.The other email is as below,

 

------------------------------------------------

Dear Sir/Madam.

 

I have received various emails and texts from your company today,regarding my so called outstanding loan.

May I quote the following from YOUR OWN terms and conditions,

 

2. You will have right to cancel this Agreement for 14 days, beginning with the day after this Agreement is accepted by us (the "Cancellation Period"). You may exercise this right by giving us notice in writing or any other durable medium accessible to us. Our email address is info@speedcredit.co.uk.

 

I followed your T/C's to the word.

 

I EXERCISED MY RIGHT......I EXERCISED MY RIGHT........I EXERCISED MY RIGHT.......I EXERCISED MY RIGHT.......I EXERCISED MY RIGHT........I EXERCISED MY RIGHT.

 

I CANCELLED THE AGREEMENT AND REPAID THE LOAN....I CANCELLED THE AGREEMENT AND REPAID THE LOAN....I CANCELLED THE AGREEMENT AND REPAID THE LOAN.

 

----------------------------------------------------

As yet,I have not got a reply.I doubt very much if I will.

Does anyone know exactly what a FORM MG02 is.It is something to do with a debt being satisfied.This was filed at Companies House by Web Loan Processing Ltd on 10/05/12.Also,have Toothfairy changed their name,as a RES12 was submitted to Companies House on the 02/05/12.This is something regarding notification of change of trading name.

 

http://www.companiesintheuk.co.uk/ltd/web-loan-processing

 

Regards,John.

Edited May 14, 2012 by JOHNINYORK

[renegadeimp]

Have you sent them the prove it letter? i would send that and if they still persisted i would take them to court and sue them. If you have proof you cancelled, paid back the loan (from bank statements), then they are in a world of trouble.

Edited May 14, 2012 by renegadeimp

[JOHNINYORK]

Renegadeimp.

With regard to your previous post,I sent S/C 2 emails on the 30/03/12,both are below.I also sent them a letter that day.It took them until the 30/04/12,four weeks later to confirm that they had received the money.Prior to this,they were saying that they had not received it.So Barclays kindly gave a computer print out of the transaction,with the money being paid into a CIM account.So I sent S/C a copy of this print out,then conveniently,they found the money.

 

---------------------------------------------------------

 

1st EMAIL.......TIMED AT 06.40 30/03/12

 

Dear/Madam.

 

Acc.no...........XXX Ref.........XXX

 

Regarding my loan of £400,which I received on the 29th March 2012.I hereby give you notification that I do not require it,therefore I give you notification of cancellation of the agreement,which I am entitled to do so.As it is stated in the agreement,that £496 is required to be paid at the end of 14 days,I have checked on your site under the "repay now" section,it states that I owe £501,that is an extra £5 that is not in the agreement.

The agreement states "amount provided",in legal terms,that means when the money is deposited into my account.So I will be repaying you today,my loan of £400 and interest payment of £13.70,which is £413.70 in total.The interest is calculated at £6.85/day,which the agreement states.That is 2 days interest.

Failure to reply to this email,I will take it as you accepting my payment of £413.70.Any further request for payment from me,will be handed directly to the York branch of Trading Standards.

 

-----------------------------------------------------------

2nd EMAIL. TIMED AT 16.54 30/03/12

 

 

Dear Sir/Madam.

As you have failed to reply to my previous email as I requested you to do so.

I hereby give you notice that my agreement with you has now been terminated.As today,being 30/03/2012,I have paid £413.70 into your bank account,being as of the following,

 

BARCLAYS.

Acc.no. 93462382

Sort.no. 20-50-94

 

My reference........XXXX

 

The payment of £413.70 consists of the following,

 

LOAN......................£400

2 DAYS INTEREST...£13.70

TOTAL.....................£413.70

 

So would you kindly amend my details.Failure to amend my details as instructed,or make further demands for payment from me,will result in your company being reported to the Trading Standards office with immediate effect.

 

-----------------------------------------------

 

So,you can see,I followed the right procedure in cancellation.

 

Regards,John.

[renegadeimp]

Ok. Now what you need to do is either issue a FORMAL COMPLAINT or you can issue the "prove it" letter. The prove it letter would be more apt, as if they cannot prove you hold a debt ( and its obvious they cant prove it) then they must delete every piece of your info from their systems as per the DPA requirements.

[JOHNINYORK]

I sent NDR an email this morning (04.10) on their web site,in fact,it was sent 6 times.

 

Mr Campbell.

You seem to have great difficulty in answering my previous messages to you.Why does your company not have an email address,is it because you do not want people to have copies of messages they send you.

My previous message was also sent to Speed Credit,your partners in crime.I will give you a general idea of what was in the message if you have not read it yet.Also in the message,there were copies of the dates and times that I have contacted Speed Credit by means of emails and letters.

 

MY LOAN IS REPAID,MY LOAN IS REPAID.

 

REF....XXXXXXXXXXX

 

-----------------------------------------------------

I also sent S/C an email this morning.04.21

 

PLEASE TAKE NOTE.

 

As your company is so determined in trying to defraud me by means of deception.I demand that you give me details on why you are maintaining that I owe £784.

So,would you give me a complete breakdown on how you have arrive at that figure.

Would you also shout across the room and tell Greg Campbell that I have been in touch with you.He seems to have great difficulty in reading my previous emails and letters that I have sent you.

 

xxxxxxxxxx

 

Re loan ref: xxxxxxxx

 

---------------------------------------------------

I have received 2 emails this morning,both from NDR

 

NDR......

 

Your have made NO effort whatsoever to resolve the matter of your debt with our client Speed Credit in respect of your Speed Credit Loan***. We have no option now but to allow Solicitors, Door Agents and Bailiffs to deal with this case. You are liable for the full debt and will be pursued together with all evidence of your constant refusal to speak to us. This will NOT act in your favour as this matter progresses.

 

You currently owe:

Loan and Interest GBP 784

Cash Transmission Fee GBP 5

Missed Payment Fee 1 (day 29) GBP 10

NDR Accept Case File GBP 200

Missed Payment Fee 2 (day 43) GBP 10

Solicitors - Case Preparation GBP 150

 

Repayments todate GBP 413.7

Total GBP 745.3

 

Please note

1. Door Agents have been dispatched

2. Solicitors have been briefed

3. Bailiffs have been informed

Judgement will be sought and a Warrant of Execution to seize goods/obtain an attachment of earnings.

 

CALL 0843 381 0843 NOW to STOP further action

 

-----------------------------------------------------

NDR COLLECTIONS

 

 

This is a reminder that you committed to pay back your Speed Credit Loan*** debt.

 

This debt is now very overdue. We have allowed you to extend the loan as a goodwill gesture.

 

As part of settling this debt you are committed to paying GBP 384 by 17.05.2012.

 

In accordance wih the Standard Terms and Conditions you agreed to, we will be automatically taking payment tomorrow as agreed. Please ensure the amount of GBP 384 is available by midnight tonight.

 

If there are insufficient funds in the account the payment might fail and all charges will IMMEDIATELY become due, ALL back dated interest, penalty fees will be charged.

Recovery Agents will be sent to all addresses we have on file for you in order to obtain payment. Should this also prove unsuccessful we will be liaisi ng with solicitors who will obtain a County Court Judgement against you. Once this is secured we will return with a Warrant of Execution from the County Court and certified Court Bailiffs to seize goods at 9 times the value of what you owe.

 

IT IS ESSENTIAL you HONOUR this agreement

 

If you have any questions regarding this, or willbe unable to pay contact customer services NOW.

 

Yours sincerely,

 

------------------------------------------------------

Trying to intimidate me for sure.I liked the bit about constant refusal to talk to us.They constantly refuse to answer my emails.

 

Regards,John.

[renegadeimp]

Get it to the OFT/FOS. Also write a formal complaint letter to the PDL and demand a response within 8 weeks . Ignore the DCA's from now on. Deal directly with the PDL now. If they insist youy still owe them, then tell them to take you to court where you can show a judge complete and full evidence that the debt was repaid, and the court would look down very unfavourably on those who waste court time in a vain attempt to defraud innocent people.

 

Also get trading standards involved as they are now demanding money with menaces, which turns a civil debt into a criminal case.

 

Thats the official way of doing it. If i were in your shoes, i would submit a court claim myself and ask the court to grant an injunction denying them any right to contact you.

[JOHNINYORK]

Renegadeimp.

Thank you for your quick reply.Since posting my previous message,I have received a text from NDR Recovery.

 

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

 

What puzzles me.If they are so keen to talk to me,why don't they phone me.There is no trace on my phone of a missed or received call from them.I suspect their game is to try and frighten me into paying.They have picked the wrong person,if that is their game.

How can they threaten with a call from a bailiff.Surely he only becomes a bailiff when he is in possession of court papers,nothing has gone to court.,yet.

 

Regards,John.

[renegadeimp]

Send them a letter askign them to stop lying. It is IMPOSSIBLE for your debt to be with bailiffs because it hasnt been to court, a CCJ wasnt granted, you hadnt defaulted on it, it hadnt gone back to court for you to explain to a judge why, and it hasnt been allocated to a bailiff.

 

OFT/FOS/Trading standards and a formal complaint to the PDL/DCA needs to be sent. Ignore any further communication from them until you get the Final response from each party, or you get court documents.

 

In short, they are flat out lying about a bailiff coming. They know it, and they hope you dont. You NEED to get those complaints in so they know you wont be pushed around. Remember, a lot of people dont know their rights, so they just blindly believe whatever they are told.

[JOHNINYORK]

Renegadeimp.

Since my last post,just a quick update.

I have received a letter from NDR,making comments regarding making numerous attempts to contact me,to arrange repayment and offered to put me on a more flexible and affordable payment plan.Ignoring all calls,emails,letters and SMS.My file has been passed onto themselves and solicitors.

As this is a family forum,all I can say is,what a load of BOVINE EXCREMENT.It is them that are not replying to my emails.I have received no phone calls from them.I like reading their emails and letters,as each one proves what a load of prolific liars they are.

Then the letter goes on about Warrant of Execution,Attachment of Earnings,Garnishing Order(to freeze your bank account)

Something that does amuse me.They have given me a ludicrous list of charges,then say that they may be reduced if I pay immediately.

Then again today,I have received another text from NDR,saying that I was committed to a payment plan to settle my TOOTHFAIRY loan.A payment of 384 is due tomorrow.I put the capitals in for T/F,as the loan was with Speed Credit.But S/C and T/F are supposed to be 2 different entities.

 

Regards,John.

[renegadeimp]

You need to ask them for solid proof of their attempts at contact as to date they are lying. Also tell them that phonecalls do NOT count as you specifically revoked permission for them to contact you on xx/xx/xxxx.

 

Also tell them, thankyou for the letter you sent. It is now with the OFT as part of my complaint against you as it is clear from your letter that you are breaking OFT regulation.

[JOHNINYORK]

Another few days have elapsed since my last post.

NDR have been giving me a countdown by texts when the Bailiffs are coming to see me.4,3,2,1 day.Gross intimidation.

17/05/12,an email from Speed Credit to inform me that my bank has declined to pay them.In their email,they have put this,

 

Note: We reserve the right to contiune to automatically debit your account for the agreed scheduled amount OR the full amount if payment is not received.

 

I have made no agreement,as the loan is repaid.

Just sent them an email......

 

Dear Sir/Madam.

Thank you for your texts,email and letter,that you have sent me this last week.They made interesting and amusing reading.

 

EXPLAIN.

Your letter(NDR) says that I have ignored all calls that you have made to me.All missed/unanswered calls are still on my phone,I do not seem to be able to see your number there.Have you your phone records available to substantiate your claim,maybe it is an oversight of yours,or are you just PROLIFIC LIARS.

 

EXPLAIN.

You have been giving me a countdown to when the Bailiffs are coming to see me.As the case has not been to court,how can a Bailiff visit me without court papers.Or are you being PROLIFIC LIARS yet again.This is a case of gross intimidation.

 

EXPLAIN.

You have stated my Toothfairy loan.Since when have CIM TECHNOLOGIES and MCO CAPITAL been the same company.

 

EXPLAIN.

I sent you an email requesting a breakdown of my so called loan.You have failed to answer,yet again.Just the same as the previous emails that I have sent you.

 

EXPLAIN.

My own bank has read your T/C's,they have advised me to keep well away from you.Your own bank tried to contact you by phone,without any success.The expression of something fishy came into the conversation.I was talking to someone who works in the Moneyshop,when one of the NDR texts came,I showed him the text.Gross intimidation was what he said.Also,companies like yours get the PDL business a bad name.So,could you please explain why everything is negative about you.

 

I hope you do not mind in giving you free advertising,as every text,email and letter you send me,gets posted on the internet.Likewise for all correspondence that I send you.All my correspondence to you has been polite,as the internet is read by all ages.But I will go as far as calling you nothing but GUTTER DWELLING PARASITIC VERMIN.

As you have had difficulty in reading my previous emails which were in English.

 

MON PRET EST REMBOURSE

 

TA MO HIASCHTA AISIOCTHA

 

FY MENTHYCIAD YN CAEL EI AD-DALU

 

MEIN DARLEHEN ZURUCKGEZAHLT WIRD

 

MY LOAN IS REPAID

 

 

Regards,John

[sillygirl1]

Why not send them a 'daily countdown to legal proceedings' and issue court papers for harrassment.

 

Have you contacted the police about this - it is demanding money with menaaces which is a criminal offence.

 

Have you phoned them (record the conversation) and told them they have been repaid?

 

I love the bit in the foreign languages!

[JOHNINYORK]

Sillygirl.

Than you for the reply,they are just trying to wear me down.If they want to take me to court,I have more ammunition than they do.All their text,emails and letters are saved.The emails that I have sent are also saved.They themselves have admitted that I have written to them,as they thanked me for my letter in one of their emails.

I have received another text from NDR today,no countdown this time.

 

"BAILIFFS WILL CONTACT YOU.THIS WILL ADD FEES,LEAD TO COURT ACTION AND DAMAGE YOUR CREDIT RECORD POTENTIALLY STOPPING ANY FUTURE CREDIT-LAST CHANCE"

 

As far as I am concerned,no court action,no Bailiffs.It is all intimidation.I feel really sorry for people who have a nervous disposition,it could be very distressing for them.

As I put in my previous post,that I told Speed Credit that all correspondence is posted on the internet.They might sue me for libel,they would have a hard case to prove it.

 

Regards,John.

[renegadeimp]

Send them a simply reply stating that you are including the bailiff letter in your official complaint. They know, you know, we know, that there is no possible way for bailiffs to ever become involved unless you lose a court case, default on it, then a judge doesnt accept your answer why you defaulted.

 

As you very rightly said, it is harassment and intimidation, and i hope you are including everything in your complaint. Perhaps you should remind them of their legal responsibilities.

 

Heck, you could start charging them £5 for every piece of correspondance they send. And it would be relatively easy to back it up in court as an "admin charge".

[JOHNINYORK]

Renegadiemp.

Thank you for your reply.They must think that we are all stupid.

I have just sent NDR by means of their web site,a copy of my latest email to S/C.But I started it off with,

 

As your partners in the crime of intimidation,namely Speed Credit,seem reluctant to answer my latest email.Here is a copy........

 

Regards,John.

[renegadeimp]

Whats pretty funny is that it appears they have no idea how deep the hole theyre digging themselves is.

[JOHNINYORK]

Renegadeimp.

I completely agree with you.The letters and emails are not consistent,maybe 2 emails in one day,both with different amounts of money owing.The loan was with Speed Credit,now they are saying Toothfairy.The only trouble with sending an email to NDR,is that you do not have proof that it has been sent,as you have to use their web site.Maybe they do not want you to have proof of contact.But I have kept all the ones to S/C.

The whole bunch of them seem to have a distorted idea of honesty.Starting at Rodney St in Liverpool.Then there was the buying your gold racket.Now they are into extortion.Makes the Mafia look like boy scouts.

 

Regards,John.

[renegadeimp]

Normal threat-o-gram. Send it to the OFT in your complaint and let the PDL/DCA know too.

 

Theyre screwing themselves over BIG time and dont seem to realise it.

[JOHNINYORK]

Renegadeimp.

The previous post got sent before I had time to finish it,how !!!!.Trying to erase it now.

What a day,but not as bad as some peoples.

An email from Marshall Hoares as below.

 

----------------------------------------------------------

 

BY LETTER AND EMAIL

 

Reference: BAILIFF/INTR/xxxxxxxx

 

Client: Speed Credit - Speed Credit Loan***

Client Ref: xxxxxxxxxx

 

Date: 22/05/2012

 

Dear ,

 

We are writing to give you formal notice that Speed Credit 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 including any fees we incur collecting this debt. Payment of 745.3 must be received in full no later than 13:00 SEVEN day s from 22/05/2012

 

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

 

4. Credit reference Speed Credit 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

 

 

Marshall Hoares

Bailiffs & Enforcement Agents

t: 0843 381 1111

 

--------------------------------------

Can I demand to see their records.As no one has visited me,they have not phoned me and I have sent them emails and letters.

Then the postman brought me a nice letter from Appleton Massey which I was going to post as a file,but I have boobed.

The letter was dated the 16/05/12,they are acting on behalf of NDR.Then they go on about how 7 days (EXPIRED NOW) from the date of the letter,county court etc.Any payment must be made to NDR.Also,if the amount exceeds 750,may issue a Statuary Demand against me,which could lead to bankruptcy proceedings.

Do I write to Appletons and explain the whole story,also the discrepancies that have occurred.Or are they in league with NDR/Hoares.Or should I just acknowledge their letter and keep quite about what evidence I have.As if a court case comes,I will be able to present all my evidence without giving any forewarning of what my defence will be.

Maybe if Appletons get to know what Toothfairy are really like,they might give them their case files back.

Appletons did not even have the manners to sign their letter,so I do not know who sent it.

Also,one day it is a Speed Credit loan,then another day,it is a Toothfairy loan.They also cannot decide between themselves,who owns the debt.

 

Regards,John.

Edited May 22, 2012 by JOHNINYORK

[renegadeimp]

It's one of their normal threat-o-grams. Report it to the OFT, and also let the DCA know you have. Notice how theyre saying MAYBE or CONSIDERED. Not WILL.

[JOHNINYORK]

So what would be your advice regarding Appletons,maybe as I have stated.

I am trying to erase the earlier post,but without success.

 

Regards,John

[MARTIN3030]

I am trying to erase the earlier post,but without success.

 

Is done now.

[sillygirl1]

I had a funeral to attend yesterday, aunt died at 78 of Motor Neurone Disease..

 

Get that email to the OFT, remind the OFT that they have said that companies should not do threatening emails etc etc and this lot continue despite the fact that you have already repaid.

 

Just off for a blood test now!