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Tooth Fairy finance and NDR, i need Help


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Hello there,

i have a PDloan with Tooth Fairy finance. I struggled with paying back the loan so I asked them for a repayment plan but the answer:

 

Please also be aware that by not paying tomorrow and/or not contacting us your credit file will be adversely affected. This will affect your credit rating which may will affect your ability to gain credit in the future or secure a mortgage.

 

It is advised that this debt should be settled before it gets to this stage.

 

We strongly recommend you make full payment of £308 by 25.08.10 either:

 

1. going online totoothfairyfinance. c o m and clicking Pay Now

 

OR

 

2. making full payment to either over the counter at the bank or by electronic transfer to:

 

Barclays Bank

Account Number: **********

Sort Code: **-**-**

Reference: Use your mobile number (44*********) as a reference so we can match it correctly by the end of today

 

or it will cost you significantly more in extra fees.

 

Your Toothfairy Loans is designed as a short term form of financing and is expensive over this length of time.

 

If you have already repaid and this is not reflected in the above statement please contact us so we can investigate this further and correct your file.

 

Many thanks

 

Kind regards

I told them again that I can't pay the full amount asking again for a repayment plan. Now they transfered loan to Northern Debt Recovery :

 

Re loan ref: xxxxxxxxxx / xxxxx / xxx

 

We have been passed your file by our client CIM Technologies Ltd t/a Toothfairy Finance. You took a loan with them on xx/xx/xx. They have made numerous attempts to contact you to arrange repayment and have offered to put you on a more flexible and affordable payment plan. As you have ignored all calls, emails, letters and sms your file has now been passed on to ourselves as well as solicitors.

 

If you ignore this letter and do not make contact within 5 working days on 0844 736 5344 we will be left no option but to send our Recovery Agents 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 are in the process of obtaining 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.

 

Legal and Recovery fees have been added to your file. Below is a breakdown of what you owe

 

Loan and Interest £380

Legal Fees £150

Recovery Fees £200

Repayments todate £0

Total £730

 

These fees may be reduced if contact is made immediately.

 

WE STRONGLY RECOMMEND YOU CALL US IMMEDIATELY ON 0844 736 5344. We can in certain circumstances put you on a more affordable payment plan but this requires your cooperation. This will freeze the interest and allow you to repay the balance over a more convenient period of time.

 

We, in conjunction with the Solicitors and the County Court will be pursuing you for the monies that you owe. This debt will only increase the longer you ignore it as interest will carry on accruing and Court fees and Bailiff fees will ultimately be added.

 

If we do not hear from you within 5 working days you will be visited at all addresses by one of our agents. To stop this please call us today on 0844 736 5344.

 

If this debt has already been settled please contact us immediately so we can correct your file.

 

Yours sincerely

 

 

DEBT MANAGER - Greg Campbell (AT)

NORTHERN DEBT RECOVERY

0844 736 5344

I asked them for a repaymentplan £50 a month :

 

Your file has been passed to us, Northern Debt Recovery, by Toothfairy Finance because you have not repaid your loan to Toothfairy Finance and you have just sent an email to indicate you wish to pay £50 per month.

 

You received a £200 'short term' loan on the 14th July 2010 to be repaid within 14-28 days.

 

As a result of your DEFAULT and subsequent non-communication, charges and interest have accrued leaving the total as of today at £730. A further £36 interest is due to be added on 22nd September.

 

Furthermore, we would like to bring to your attention pertinent FAQs on the Toothfairy Finance website:-

 

Q: When should I pay back the money and how much should I pay back?

 

A: You have the choice of borrowing for either 14 or 28 days. Within that time, you should pay back the loan amount and cost.

 

Q: What happens if I do not pay after 30 days?

 

A: Not sure if you can pay back the loan, you should not apply. If you do not pay the loan within a specified time you will be charged for another loan period. If the payment still does not arrive, we will unfortunately have to send the debt to a debt collection agency which will incur additional charges.

 

'Long term' loans are not our business and therefore we become very expensive over a longer period and your credit file becomes adversely affected. When you double-digitally signed the application, you accepted all the terms and conditions of the loan.

 

We are prepared to consider a substantial reduction to settle this loan but £50 per month is unacceptable as the interest alone is £72 per month.

 

 

Please CONTACT US AS SOON AS POSSIBLE, as a matter of URGENCY to arrange settlement in the short term.

What should I do now ? can any body help me Edited by Sidewinder
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Got same problem here that email they send you is to just scare you i did contact him back 5 days ago explaining things and no reply don't worry it's just to scare you same person sent same exact email to myself check out my thread.

 

Good luck :)

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They are a long way from getting a court order. NDR's approach is vile and they are known for it. Your offer is reasonable, just keep a copy of all correspondence in case they persue the court route. Only agree to a reasonable repayment plan and on condition they freeeze interest, remove fees and don't mark your credit file.

 

To get a court order to remove goods they would have to get a ccj against you followed by you not paying, having to go back to court again and getting a warrant (if you still don't pay).

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Thanks for you answers.

Got a new e-mail today and a really cheap looking letter.

Nico,

 

Repayment of your loan issued by Toothfairy Finance is still outstanding.

 

You received a £200 'short term' loan on the 14th July 2010 to be repaid within 14-28 days. As a result of your DEFAULT and subsequent non-communication, charges and interest have accrued leaving the total at £730.

 

If we or our client DO NOT HEAR from you within the next 48 hours to arrange payment or come to an agreement we will apply to your local County Court for a Judgment against you. All evidence including your loan application, the agreed Terms and Conditions (agreed with your double digital signature) along with all correspondence will be provided to the Court. You will be liable for FULL interest, fees, Court fees and possibly Bailiffs fees.

 

Once Judgment is obtained, we will look to secure a "Warrent of Execution" to enable us to obtain an attachment of your earnings and or benefits. We will also look to obtain a Warrant to cease goods from your addresses using our Certified Bailiffs. Please also note that such a Judgment will greatly hinder your ability to obtain Credit.

 

We would like to close this matter as quickly and cheaply as possible as we are sure you would. We will be willing to negate the fees and greatly reduce what you owe depending on what arrangement you can come to with us. If you ignore us we will have no option but to pursue you as above. Please also be aware that if you do not contact us and refuse to communicate in the meantime Recovery Agents will be dispatched to ALL addresses we have on file for you.

 

Please CONTACT US as a matter of URGENCY on 08447365344 to avoid

 

1. Increased Cost

 

2. Adverse Credit

 

3. Recovery Agent/ Bailiff/Court Action.

 

 

Your sincerely

 

 

DEBT MANAGER - JOE DANIELS (35)

NORTHERN DEBT RECOVERY

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Send NDRs letter to Trading Standards via Consumer Direct and to the OFT, they CANNOT charge you for the following

 

Legal Fees £150

Recovery Fees £200

 

You CANNOT have Legal Fees as there has been no court case and any transfer to the debt collectors CANNOT be charged. As for Recovery Fees they come under unfair terms and conditions.

 

All you are currently liable for are the original loan sum and any interest to date.

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They also CANNOT immediately go for a 'Warrant of Execution' to have an attachment of earnings, you have to have defaulted on the amount the court agrees in the first place, and as for bailiff fees.... well they CANNOT send bailiffs round UNLESS you breach a Warrant of Execution (they can't even spell Warrent properly....) or default on a court order.

 

That email also needs to go to the OFT, Trading Standards and the Ministry of Justice (who seem to be able to get these companies sorted out - they have done a good job on closing down claim companies).

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They came back to me.

Mr Reitemeier,

The minimum we will accept if 100 pounds a month. If you pay 100 this week we will freeze your file at 450 thus reducing the fees added to your file. We will also halt any further recovery action and adverse credit.

 

If this cannot be done you will be liable for the FULL amount and pursued as per previous emails.

 

Your sincerely

 

 

DEBT MANAGER - JOE DANIELS (9)

Do you think this offer is okay?
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Then all you pay them is £200 plus an additional £50 for interest, they are trying it on and hoping to scare you. The courts will not look kindly on their interest rates nor on the emails - blatant intimidation.

 

Stick to your guns. Make sure you send the emails to Trading Standards and the Office of Fair Trading and if you can get to the local CAB try them too.

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They came back to me this time tooth fairy again:

You owe loan and interest 416 and you have incurred 350 legal and recovery fees. This is all made clear in the terms you agreed to with your double digital signature. Your file is with Recovery Agents and Bailiffs.

 

If you clear the balance of 416 within 7 days we will drop the legal and recovery fees and pulll the file back from Philips Bailiiffs. If not you will need to come to an arrangement with NDR and you will be liable for the full loan and interest plus at least some of the fees, If you do not come to an arrangment as such you will

 

1. suffer adverse credit

2. be liable for full fees

3. have your file and all evidence taken to your local County Court. Once judgement is obtained will seek an attachment of your earnings/benefits and look to use our bailiffs to seize goods at all addresses we have on file for you.

 

We recommend you come to a reasonable arrangment today. If we do not hear from you within 24 hours you will be pursued as above and recovery agent will also be sent to all addresses if we do not hear from you.

 

Thanks

 

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They CANNOT charge legal and recovery fees, the emails MUST go to Trading Standards, the OFT and the Ministry of Justice TODAY....

 

They also cannot send in bailiffs unless you fail to pay whatever the judge decides to order you to pay. They cannot do any of what they think they can, this email MUST go to the people above, you could also try the local police to see if they have an Economic Crime/Exclusion unit and get them to treat this as harrassment and fraud... NO fraud has been taken on your part, the company CANNOT do what they are claiming.

 

Should their case go to court we can help with a very strong defence pointing out all the deficiencies in their processes... including the extortionate charges.

 

Get those complaints letters off today and start writing out step by step the contact you have made with the company to resolve this issue, it could be used as evidence against them rather than against you.

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They also CANNOT send a 'recovery agent' to all addresses as stated - if they send one to work the recover agent can be arrested on sight, and if they send one to your relatives homes they can also have them arrested for stalking (this is a new tactic so I understand from a reliable source).

 

They also CANNOT 'arrest your bank account' without a court order, if they take any funds out when no funds are available and overdraw you you can issue an immediate court order against them for the recovery and additional harrassment sums... (this again is a new tactic)

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Loosing your card isn't sufficient to stop them, you sent a photocopy of your card when you signed up so they have your bank details on that card, they use the bank details to 'arrest' your account and empty every penny.

 

Get that 'parachute' accout set up asap otherwise you won't have any money when your wages go in, there is a strong chance they will 'help themselves'

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Cancel the DD and give the bank a letter stating you no longer authorise this company to access your bank account by any means as the initial transaction has finished.... this should cover you should they go and use the bank details...

 

Your HR department probably meant that it was too late this month to change the bank details, they usually have a cut off date eight days before the end of the month for changes like this....

 

See if they can change the details for next month.

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and an other one today

For the attention of XXXXX - Loan Reference XXXXX

From Mike Richards - Northern Debt Recovery 0844 736 5344

 

I am sending you the information below that verifies both CIM Technologies Ltd , trading as Toothfairy Finance and Northern Debt Recovery are fully compliant with all necessary regulations.

 

 

The Terms and Conditions that you agreed to when you took out the loan are actually The Consumer Credit Agreement regarding your loan

 

1. Acceptance: you have demonstrated acceptance of the published terms and conditions both by

 

1. Virtue of the compliant Digital Signature inherent in the audited application process (as per the 2006 European Commission Electronic Signatures Directive)

2. Specific performance and your intention to create legal relations. Further online validation, the trace of your email address and the specific entry of all your personal details.

3. Further failure to repay sums on discovery of funds and the terms of the contract waive any additional rights under the Distance Selling Regulations. Finally your correspondence to-date evidences both timely receipt of the funds, knowledge of the terms and condition and that you are capable of understanding the contract into which you entered.

 

1. Regulation under the FSA is only required for SECURED loans. This is an UNSECURED loan covered by the Consumer Credit Act. CIM Technologies Limited (trading as Toothfairy Finance) is fully licensed in accordance with the Consumer Credit act by the Office of Fair Trading. Their Consumer Credit License number is 615666. Their local trading standards office is Barnet should you wish to make contact.

 

2. We are Northern Debt Recovery. We do not have a Consumer Credit License as we fall under one of the exemptions where the files are formally ‘assigned’ to us by our client. Please see the terms you agreed to with our client.

Per Toothfairy Finance contract:

 

“10. You grant us permission to contact your employer or residents at any of the addresses submitted by yourselves at anytime as may be reasonably required by us in pursuit of unpaid debts.

 

11. The Creditor shall include any successors in title or assignees of the Creditor. We may transfer our rights and responsibilities under this Agreement to another person and reserve the right to assign this debt. “

 

In accordance with the OFT guidance Category F Debt collecting (w w w .oft.gov.uk/shared_oft/business_leaflets/credit_licences/oft147.pdf)

 

“You do not need to apply for Category F...if you merely collect debts owed to you, including debts which have been assigned to you’’

 

 

 

 

 

Yours sincerely,

 

 

DEBT MANAGER - Mike Richards (24)

NORTHERN DEBT RECOVERY

0844 736 5344

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