It is indeed the same chap. I know it's not advisable but I'm thinking of a day trip to their office to see if there's even anyone home...

Also, quite worryingly, that Oliver Larholt chap is part of Bay Media who run the "We Are London" campaign. Good times.

Thought I'd keep you in the loop - here's my response I sent to that previous email.

I am not in a positon to reconsider therefore the DMA still stands from my point of view.

 

As of yet, you've still not answered how these charges are proportionate to the money actually owed - this is a very serious matter the OFT are aware of.

 

I do not necessarily want this to go to court but you are intent on steering the case that way - I feel with all recordings of calls and numerous items of conflicting correspondence kept, as well as information held by Debt Line the judge would side in my favour.

 

So basically if my DMA is paying out to them and they accept each payment (they can't legally refuse the payments), why can't they remove the charges still?

Surely if this is not going to court (I assume it won't) then the £150 solicitor fee and £200 collection fee added on are merely profit? What would be best here? Pay it all off and reclaim via small claims court perhaps?

Haha here's another dodgy thing I've found related to that address in Tunbridge Wells posted on another site!

Edward Lee, 2011/06/16 13:05

I have read what you have put and i agree totally to what you have said.

my partner and i began receiving emails from marshall hoares bailiffs stating that we had a loan from tooth fairy.

this i ignored.

we then received letters with a shock and i found out that they had been using 1a sheffeild road southbourough tunbridge wells as a mailing address.

any one reading this are wondering whats that has to do with the price of chips, well let me tell you all so you will know.

i own the property which was my fathers before he died, it is currently on the market for £250,000.

these idiots have come along and used my address which so happens to be a garage.

i spoke to marshall hoares whom stated that they have always owned the building to which i had to crease up laughing as i hold the deeds to this property.

it is very clear that oliver larholt owns marshall hoares as i have got a letter addressed to this [EDIT - PLEASE REFRAIN FROM PERSONAL ABUSE] sent to my address.

if you receive any letter with 1a sheffeild road tunbridge wells then just wipe your arse on it and then throw it away.

it is pointless going to the property expecting to see anyone as it is empty and if any damage done then it is me who has to foot the bill.

guys im in the same boat as you and i sympathsise with you on this matter but please understand i am not connected to them or their [problem]ming company in anyway....if revenge is what your after then you will find oliver larholt on facebook with his girl friend best of luck guys

The whole discussion and backstory here grody.me.uk/wiki/blogs/ndrtalk (can't post links - I'm two posts off!)

They CANNOT appoint bailiffs without a court order, if a bailiff company is appointed and the bailiff uses his powers to collect a common commercial debt he can loose his licence and his company can loose their licence.

That email must go to the following organisations

OFT (who have already investigated Toothfairy, mention this to them) - http://www.consumerdirect.gov.uk

Trading Standards (re Toothfairy AND Marshall Hoares) - http://www.tradingstandards.co.uk

Ministry of Justice (re Marshall Hoares activities and Toothfairy)

I wouldn't go too far down the road of posting personal stuff about the alleged owners as they could sue this site for libel... I think that part of the thread should die a death now.

Morning, thanks for responding!

Do you think they're actually in a good position to take this to court? I'm ready to record future phone calls - I'm in the stance that should NDR call I'm going to tell them that I believe Marshall Hoare own the debt now and I'll only deal with them. I honestly can't see how they can legitimately claim for £350 of collection expenses when nothing has happened nor will they remove it unless I make an agreement with them - I just want to pay the right money realistically!

They are NOT in a good position as to court, the courts are now looking at mediation hearings for certain debts, and this would come under that.

I have a good basic defence which queries their particulars of claim (this varies according to what they are claiming so isn't a templated defence) gives the TRUE history of the loan and gives the TRUE history of negotiations made by you.

Section 87 of the CCA Act seems to be very applicable to the PDL scenario, in that the whole amount becomes due, so therefore their fees and charges are not enforceable and only the original loan and one months interest is due. You can try to negotiateon that basis.

I would like to see how they came up with £350 as a figure to get a debt collecting company involved. If they are stating this in writing complain to the OFT as it is against OFT guidelines to charge more than cost for debt collecting.

If I had £350 for every defence I've done for PDL companies I would be very rich!

The OFT are at http://www.consumerdirect.gov.uk - remind them they have already told Toothfairy off and that they need looking into again due to their lack of negotiation skills. Last time it was about taking money from peoples accounts and not having anybody trained legally to do their court paperwork. Here is the link you can include in the complaint....

http://www.oft.gov.uk/shared_oft/press_release_attachments/cim-requirements.pdf

CIM Technology is their head company but the document clearly states what Toothfairy must not do, and they are doing it to you.

Just seen this post on another website from the owner!

It has been brought to our attention that this website is an unauthorised website directed at discrediting marshall hoares bailiffs and northern debt recovery.

Marshall hoares bailiffs and northern debt recovery are an accredited by the office of fair trading and in no way act unfairly towards any customer.

Marshall hoares bailiffs are Not connected to toothfairy finance or northern debt recovery in anyway.

our registered address is as follows.

 

1a sheffeild road, southborough,tumbrige wills, kent tn4 0pd.

Marshall hoares bailiffs will not take legal steps to remove this website from google on the grounds of fraudlant and damaged limitations.

Please note that the law has changed so that bailiffs can now enter your homes without a court order and we will seek to remove house hold items to cover money that is owed to our client toothfairy finance limited.

you are asked to refrain from making any further comments about our firm as we will take any person to court and sue for damage limitations.

 

Edward Lee you are advised to return the letter addressed to oliver larholt our managing director immediatly without fail as you are committing an criminal offence of theft to which you will go to prison.

Our agent will be visiting your property to remove all items as your wife has benefited from money paid by our client to you.

We will continue to trade at the address in tumbrige wills and we will not remove our address from our letters.

we reserve the legal right to use this address and will not be held to ransom by you or anyone else.

If you continue to remove mail from this property then we will take legal action against you.

We currently rent this property from an Mr r lee whom passed away a few years ago to which we activally retain this property and our right to use this address.

Marshall hoares bailiffs have taken an rather dim view on the fact that you had placed this property for sale to which we now reserve the right to sue you for loss of buisness and damaged limitartions.

O.T Larholt

Any truth in the bolded part?!

The whole backstory can be found at grody.me.uk/wiki/blogs/ndrtalk

As mentioned on the other thread, if that is legitimately Oliver Larholt, the OFT would LOVE to know some of the things that have transpired out of that thread!

It's like a shady finance Eastenders tonight!

There seems to be one person on here who beleives that we do not have an legal right to enter his home uninvited.

I must stress that we can enter through an open window or an open door and we can force entry when ever we see fit.

We also can force entry if someone opens the door therefore limiting the chance of a door being closed in our agents face.

We do have the right to restrain anyone who becomes aggressive towards our agents and if needs be inform the police.

You can be assured that we will chase the debtors and we will enter a debtors property as we do not need to apply to a court due to the law being changed.

Our agents are trained to deal with aggressive debtors and will deal with that debtor as we see fit.

99.99% the police will always take our side on these matters and will arrest anyone obstructing our agents.

Obstructing an bailiff is a criminal offence to which a debtor can receive a long prison sentence.

We will also enter the property once the threat has been removed which entails a lock smith attending if one is avalible or the door is physically kicked in by an bailiff to which the debtor will be responsible for the bill which will be added to the debt.

Errrrrr.

When exactly did that law allow them to do this? I thought that change WASN'T sanctioned by the previous OR present government... can anyone else enlighten me, and maybe Tomtubby or one of the other Bailiff experts can see this post, I will flag it up to the site team.

Clearly this company needs to be stopped from destroying itself!

When exactly did that law allow them to do this? I thought that change WASN'T sanctioned by the previous OR present government... can anyone else enlighten me, and maybe Tomtubby or one of the other Bailiff experts can see this post, I will flag it up to the site team.

 

Clearly this company needs to be stopped from destroying itself!

 

No, no,no... let them destroy themselves

Wow! They're actually threatening people through the medium of someones personal blog!

Notice of home visit-details of attendance

from [email protected] on behalf of marshall hoares-legal

([email protected]

sent 20 june 2011 1707

 

*** INFORMATION MASKED OUT!

 

By letter and mail

 

Online ID *** MASKED OUT ***

Outstanding amount 5971

 

Letter of instruction & notice reminder

 

Reference *** MASKED OUT ***

 

Date 20/6/2011

 

Dear Mr Lee

 

We are writing to give you formal notice that Toothfairy Finance Limited-Toothfairy payday loan has legally been assigned the rights to the above debt to Marshall Hoares Bailiffs. This means that Marshall Hoares Bailiffs Limited now legally own this debt.

 

YOU WILL HAVE OR WILL SHORTLY RECEIVE A HOME VISIT

 

We intend to pursue you for all outstanding sums (GBP 5971)no later then 17:00 FOUR days from the 17/6/2011

 

Debt GBP 5971

NDR Accept case file GBP 200

Solicitors-Instructed GBP 150

 

Repayments to date GBP 0

Total GBP 5971

 

We are very disapointed that you had failed to contact us in relation to this debt.

You took out a loan for GBP 100 from our client Toothfairy Finance Limited on the 3/11/2010 to which you have failed to repay.

Your account has been fast tracked for seizure of property.

 

1 Court judgement legal action will be automatically started in the County court for full recovery of the full amount

2 Warrant of execution will be applied to your earnings and to seize itemns from those addresses we have on file for you

3 Your details have been past to credit reference agencies to which your credit rating has now fallen

 

Marshall Hoares Bailiffs

Two incredible things - 1) they're ACTUALLY threatening someone via the internet on a totally unrelated site 2) a loan of £100 is now £5971!!!!!!!!! I think my 1 key just destroyed itself.

Send it off to the OFT...

Well funnily today I have.

I've sent Toothfairy/NDR/Marshall Hoare a copy of a final ultimatum which Debt Line have given their blessing for.

I've sent the OFT/Consumer Direct/ACEA copies of the ultimatum, a reason for my complaint and a full transcript of the other website, sadly though I feel that'll fall on deaf ears as it's pretty hard to validate it's authenticity I would assume? Though if it's not real, someones going out of their way to cause hell!

Hopefully this will reach a (DRAMATIC!) conclusion soon.

These are dormant companies and have no legal right to trade or send letters and emails please check companies house website...dont worry i have dealt with this company since 2010 they wont take action as they will be committing an criminal offence....marshall hoares bailiffs 06871092......ndr06956396....both are dormant...no licence....also google oliver larholt he is the managing director...it will make very good reading....tooth fairy, ndr...marshall hoares bailiffs all trade in the same office which it is illegal for them to pass on debts to each other....its a court who orders bailiffs in but only after default....they are not compliant to the oft and still continue to breach guidelines set by oft

Would appear that they may actually be all up to date with the credit licenses - but it'd be nice if someone from here who knew what they were looking at could take a look at this.

Grody (the chap who's site had all the interesting attacks from Oliver Larholt) has researched all their credit licenses today and collated them in one page - it also shows a few pending licenses for websites forthcoming. Maybe TFF is shutting and rebranding as something equally as bad!

http://grody.me.uk/wiki/blogs/ndr2/ccl

It's also quite interesting that Jonathan Weinstock, who is one of the founders apparently posted on his blog saying he was trying to take the rest of them to court - he currently appears on the credit licenses still. It's far too [problem]my for my liking.

Just so you're all aware, I've sent them a recorded delivery letter saying as good will, I'll pay £380 which is the loan plus "interest" but it'll only be paid via my debt management plan at £14.54 a month. I also said, that their "collection fees" can do one and I wont pay them and if they dare try to put the interest up further after our numerous (deaf eared) discussions they can **** off and I'll only pay them £276 - which is the original loan plus one months interest. Thought it's time to do some of my own bullying.

I am the person whom this was served upon on grody discussion board board to which it is a breach of my human and civil rights.

considering that tooth fairy is a payday loan company and stated that I had £100 and the charges are £5971.

These charges are laughable and as far as serving this upon me for a loan i had never had is actions of a bogus company.

As far as stating that my credit rating has fallen because they had passed my details to a credit agency is illegal.

Marshall hoares state that they trade at 1A SHEFFEILD ROAD,SOUTHBOROUGH,TUNBRIDGE WELLS,TN4 0PD

but i have visited this property and has been empty for 2 and a half years and is currently on the property market for £250,000.

I spoke to the estate agent about this property and also the chartered accountants at 1 SHEFFIELD ROAD

and they both state that there has never been a bailiff company operating from this address as it is owned by CHARUS AUTOMATIC

whom use to repair arcade machines until 2009 and has been vacant ever since.

Marshall hoares do not have an valid address and any letters that debtors send are to an empty property.

I have a bletter addressed to OLIVER LARHOLT of NDR and MARSHALL HOARES BAILIFFS from the OFT sent to this so called GARAGE

stating that they are in breach of failing to provide customers with an valid address.

I have been in contact with another MARSHALL HOARES whom currently are on the ISLE OF MAN

and they are aware of this bogus bailiffs and do not deal with tooth fairy...

.marshall hoares are not registered as bailiffs on HMCS or private bailiff register therefore they have no legal power.

I WILL BE TAKING LEGAL ACTION AGAINST MARSHALL HOARES FOR SERVING THIS NOTICE ON MEDIA

but without a valid address to which these idiots refuse to give it will be impossible to serve papers.

How can they say £100 has now reached £5971.

I received an email from these idiots to day stating that the debt is now £6971 and will continue to go up until its paid, a joke or what..

..purely this is a [problem] just to get rich..

.I will not be paying a penny to these [problem]mers.

No update on this at the moment - NDR have told me I'm legally obliged to pay them £36 by midnight tonight. No chance.

Another email sent to the OFT, this time [email protected] - apparently he's heading up the investigation on this. I'd advise anyone else in the same boat TO DO THE SAME, NOW!

I wonder how they work out you are legally obliged to pay £36 by midnight, maybe email them and ask which term/condition they are invoking here.... sounds very suspect.

Well, because that obviously wasn't paid last night, my total for a £200 loan is now £796, up by £36 - because that failed I've been sent this!

This is a reminder that you committed to pay back your ToothFairy Pay Day 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 36 by 27.06.2011.

 

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 36 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 liaising 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

So that'll be £832 by tomorrow then?

Also!

Your have made NO effort whatsoever to resolve the matter of your debt with our client ToothFairy Finance Ltd trading as ToothFairy Pay Day 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 416

[chaargeslist]

Repayments todate GBP 0

Total GBP 796

 

Please note

1. Door Agents have been dispatched

2. Solicitors are fully enagaged

3. Bailiffs have been instructed

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

 

Yours sincerely,

 

 

DEBT MANAGER - Greg Campbell

NORTHERN DEBT RECOVERY

I think the recorded delivery letters, the 20+ emails, the DMP (who also have copies of the letters) would say otherwise, don't you think?

Get that to the OFT pronto and remind the OFT they have alread told Toothfairy off. Their solicitors cannot get judgement 'just like that' as they have to allow you to defend, and you have an extremely strong case.

They do not have much to go on, if a judge saw the charges, racked up to a level where they could make you bankrupt, he would have THEM on the dock.

If what they say is true then all you do owe by defaulting is the original loan sum and the one months interest - they CANNOT have it any other way for a short term loan.

http://www.tradingstandards.gov.uk for Trading Standards who have to see that threat

http://www.consumerdirect.gov.uk for the OFT who again have already told Toothfairy off, mention this in your complaint, phone them and let them know what is happening pronto...

When you say the original loan and one months interest, are we talking £200 + £76 interest as per their site?

I've actually written to them and told them that I'd pay the £380 as good will if they did it through Debt Line, I also added the clause if they increase the cost, I'll revert back to the £276. Which I'm doing now.

Off goes another email and recorded delivery to The OFT and another recorded delivery to TFF/NDR as it appears they've blocked my email from replying to ANYTHING.

Remember both the door agents and the so called bailiffs have no powers, a bailiff cannot turn up WITHOUT a court order and you haven't got to that yet. In fact I would get onto the local police and complain that you are being harrassed by money lenders and need to see the appropriate people, that is what is happening here.

Without the court judgement going against you (and even with that they cannot take goods to 9 times the value of the loan, nor have an attachment of earnings) and you have the right to defend, I can help with a solid basic defence should it come to it....

This company are really poor at knowing the law, most judges would question the fees, interest and lack of co-operation on their part.

Get all the correspondence in a file in date order and do a summary sheet as we can use the summary sheet as part of the defence.