toothfairy payday loan unfair treatment and threats

[watchinginvestigation2011]

I know the calls etc.....are distressing, but you have to start to look at them differently, that that they are digging a hole for themselves and RECORD THEM. Tell them when they call that you are recording all calls to prove harassment to the first person and say please put a note on file that I record all calls to and from your company(email to them as well), record that.

 

No visiting them:!:

 

Often you will find the threat alone that their dirty antics might be ending up on a true call device is enough to stop the calls, as once warned if their behaviour is proved inapropriate you can go after them for harassment later if needed.

 

I have done that and bought a true call device but you can use mobile on record sound or digital cheap device just as well, but since i emailed them that my new buddy was on the line, the calls STOPPED.

 

If you can and I know like me it might have took a while to save up(abt £100), but look up true call device and see what it can do. You can zap numbers to stop them getting through, have a nice message play to selected callers that they are not required to call again!!!!!!! and it is an answer machine that you can pick up the call etc....and of course record onto a SD card that can be dowloaded to computer and kept for evidence.

 

Recording them will put you back in control again of these nasties, best wishes, xx

 

I dont get any calls now!!!!!!!!! Wonder why?

[HANLEY40]

Morning HANLEY

 

I refer you back to my post 32

 

Google results for Harris and Trotter show them to be accountants NOT solicitors so you need to be sure beyond any doubt that what you are posting in this thread is 100% correct and even more watertight than a ducks bum

 

If you do pay them a visit and/or start making allegations that aren't correct apart from making a fool of yourself you could well drop the CAG right in the soft and smelly stuff

 

I can understand your annoyance/frustration but on behalf of everyone that uses this excellent site I ask that you check,recheck and then check some more before going off half cocked

 

Regards

 

R

I did check.They signed the papers for Toothfairy that are registered at Companies house.Harris and trotter like Toothfairy finance claim to be a lot of things.I have copies from the documents they signed plus signatures.

[HANLEY40]

I have in fact spoken to Harris & trotter and anyone else listed on the documents they have to submit to companies house.I dont think CAg or anyone else will be in "Smelly stuff".forget all this the main point you have a company running wild threatening and yes intimidating my 10 year old son on the phone and no-one wants to do anything about it.Im not frustrated, Im angry, you upset me, not bothered, upset my child,I will hunt you down.

I got the countdown text no-one turned up, companies like these are all talk, me I am and always will be a man of action..end of story..

[DonkeyB]

Empty threats of legal action? Ferguson v British Gas springs to mind.

[Revenant]

Afternoon HANLEY

 

Re your replies 57 & 58 . . I hope you could understand my concerns

 

The plot thickens by the day eh . . I don't live far from that address and in fact have to pop into the "West End" on Saturday . . I might just get off the bus a couple of stops early and go check the address and as I've got to buy a new case for my camera there's a good chance I'll have it with me

 

Well it seems this is another lot that are slowly digging their own grave

 

R

[sillygirl1]

Its section 87 of the CCA act you need to look at, they don't need default and termination notices as the term of the agreement (one month) has elapsed, this is where people keep going wrong and loosing.

 

If they do go to court a simple defence is sufficient, starting out with disputing the amount owed, the flawed particulars of claim and lack of clompliance with pre-court protocols. The simple defence also asks for right to amend should partiulars need amending and for no costs to be awarded to either side. It also asks for mediation (when cases go to mediation the norm seems to be repayment of the original sum borrowed).

[sillygirl1]

Out of interest have you googled toothfairys alleged address? I did one on another PDL company and they seem to have offices above a pizza place, I think you will find 63 New Street is a holding address for lots of different companies... there are several known addresses 'out there' which automatically ring bells to the clued up people,

[leothelion1986]

I am so happy this group of crooks are being taken down.

[Revenant]

Out of interest have you googled toothfairys alleged address? I did one on another PDL company and they seem to have offices above a pizza place, I think you will find 63 New Street is a holding address for lots of different companies... there are several known addresses 'out there' which automatically ring bells to the clued up people,

 

 

Hi (not so) sillygirl

 

Just Google mapped the address at the bottom of the Toothfairey web page

 

The post code is a residential street with no visible signs of a business enterprise/premises

 

R

[leothelion1986]

Hi (not so) sillygirl

 

Just Google mapped the address at the bottom of the Toothfairey web page

 

The post code is a residential street with no visible signs of a business enterprise/premises

 

R

 

If you look closely there is a small gas works hole surrounded by plastic barriers.

Probably where there offices are

[Revenant]

You could be right leo

 

Following on from sillygirl's address idea I googled Toothfairy's MD's name as given on the web page

 

10 pages into the search and there's NO mention of him or links to the company

 

This company sounds more and more bogus as time goes by

 

R

[debtrevenge]

Update:

 

The text messages have stopped since I almost contacted the police. If you are not happy with the police response ask to speak to a Police superior. The feeling of harassment and silent calls in this menacing way is a criminal offence and not just a domestic business issue. The key is to stress the actual person (not Toothfairy company) on the end of the phone (silent calls / sending texts directly after calling you) is the person you are threatened by and this person is personally causing you distress with these tactics and upsetting your family. Sending a blunt "we're sending someone round" from an uncertified bailiff (calling themselves bailiffs) after 6 silent calls IS an offence full stop. You need to remove Toothfairy from the equation and personally focus on the person who calls you because these are the crooks that are overstepping the line. Its similar to the Data Protection act when an employee breaks the rules they themselves can be held liable.

 

I am now only dealing via email with Toothfairy/aliases and I'm still waiting to hear back from my council's trading standards special "anti-loan-shark" team and OFT etc before I take my next step. Taking these thugs to court may be the way forward. I'm really busy with other things right now but should have some spare time at the end of this month. Will update again soon

[sillygirl1]

Good, the 'anti-loan shark' team are becoming very pro active in the area of PDL companies, especially as they now have a High Street presence via Cash Converters and the Money Shop outlets, hopefully they will be able to curb their 'enthusiasm' for adding unfair charges (even though they are in the terms and conditions doesn't make them 'legal').

 

Keep us posted as to any developments.

[debtrevenge]

Update: Silent (withheld number) calls have started again. Another 3 calls, on the most recent i said hello and the fools started threatening again but they won't speak first. I'm definitely taking these fraudsters to court, gonna start proceeding with this next week when i'm off.

 

I've just spoken to Orange who advised to speak to the police if the nuisance calls continue. They can't block withheld calls but have offered me a free change of number which is going through shortly. So now the only way to communicate with me is in writing which is what I asked for. The judge will be hearing about the measures I have had to go through to stop being harassed.

 

[kh41]

hi all

 

recieved this letter twice via e-mail this afternoon , seems the threats are getting worse lol

 

BY LETTER AND EMAIL

Online payment ID: XXXXXX

Outstanding amount: 1XXX

Letter of Instruction & Notice reminder

Reference: BAILIFF/INTR/XXXXXX

Client: ToothFairy Finance Ltd - ToothFairy Pay Day Loan

Client Ref: XXXXXX

Date: 17/06/2011

Dear mr. XXXXXX,

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.

YOU WILL HAVE OR WILL SHORTLY RECEIVE A HOME VISIT

We intend to pursue you fully for all outstanding sums (GBP 1XXX) including any fees we incur collecting this debt. Payment i n full must be received no later than 17:00 FOUR days from 17/06/2011

Debt GBP 1XXX

Missed Payment Fee 1 (day 29) GBP 10

Missed Payment Fee 2 (day 43) GBP 10

Missed Payment Fee 3 (day 56) GBP 10

NDR Accept Case File GBP 200

Solicitors - Instructed GBP 150

Repayments todate GBP 0

Total GBP 1XXX

TAKE NOTICE: You should accept this letter as formal notification that unless payment is received within 4 days then your account will be fast-tracked and 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 them 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”.

To AVOID A HOME VISIT or further action you should PAY IMMEDIATELY

1. online using a card by visiting:

www.marshallhoares.com

OR

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

Barclays Bank

Account Number: 93462382

Sort Code: 20-50-94

Reference: Use your mobile number (xxxxxxxxxxxx) as a reference

This debt will not go away and should not be ignored

You can contact us on 0843 381 1111 to discuss your outstandig debt.

Yours Faithfully

 

Legal

Marshall Hoares Bailiffs

Telephone: 0843 381 1111

 

 

 

Dont know where my letter is though ??? this is for an original £300 debt now wanting over £1400

 

regards kh41

[coledog]

Hope you are forwarding these to OFT and Consumer Direct! I would respond to them, by letter and email, and state that this is what you are doing i.e. they have been immediately reported to OFT and Trading Standards. Also add that you are taking legal advice on this matter and will have no hesitation about reporting their threats to the police. Attach a copy of the 'doorstep' letter

 

Door step

http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members

 

Ask them for proof of the assignment to them. Why have they put Toothfairy as their client?

[BRIGADIER2JCS]

To be clear is this from TF or Marshall Hall ? or both seems a strangely complicate NOA

[kh41]

this was an e-mail from marshall hoares saying toothfairy has legally assigned them the rights to the debt, which is good considering they are all one company , also it was NDR chasing me last week who also been assigned the debt

[coledog]

Unbelievable, you have to get Trading Standards and OFT involved

[sillygirl1]

Complain to the OFT http://www.consumerdirect.gov.uk

 

It is against their guidelines to use mulitple companies to chase the same debt. They also have already told Toothfairy off so remind them of that when you are complaining.

[kian32]

Marshall Hoares "Bailiffs" are a complete joke. Toothfairy Finance, NDR and Marshall Hoares have been sending me these template e-mails and texts for over 16 months now. They have no intention of bringing anyone to court. Also, any loan issued by Toothfairy Finance before Oct of last year is completely unenforceable as they didn't obtain a credit license until then. They've broken countless OFT guidelines and their threats border on criminal. If I were you I would have no further contact with them, but continue reporting their antics to all relevant agencies. The sooner their credit license is revoked the better

[siyco90]

Ive recieved threats from this MH baliffs as well, as they have not accepted offer, has anyone actually had someone come to their doors!? and what should i do to report them etc!? I honestly dont know what to do, there adding stupid amounts of fees on top of the debt??

[kian32]

Ive recieved threats from this MH baliffs as well, as they have not accepted offer, has anyone actually had someone come to their doors!? and what should i do to report them etc!? I honestly dont know what to do, there adding stupid amounts of fees on top of the debt??

 

Firstly, remove their implied right of access. The template letter for this is in the library. However, they wont send anyone around as they have no legal power. Shut the door and call the police if they refuse to leave your doorstep

 

As for reporting them, log on to the OFT website. The first step taken to report them is a short call to the OFT, where you'll be advised as to whether the OFT will be able to deal with the matter. Keep hold of all letters/e-mails/text messages/voicemails to form the basis of your case.

 

The ridiculous fees are totally illegal. Also, for your own sake, don't offer more than the original loan and one months interest. The charges and fees are unjustifiable and against OFT guidelines. If they continue to refuse a reasonable offer you have made then request a true copy of your CCA from them. If they fail to produce this or produce an invalid document (within prescribed time limits), then although the debt still remains, it is legally unenforeceable

[Becci0830]

Hi guys!

I am having similier issues with this awful company.

Completly at my wits end about it all.

I was a student, I was working as much as I could, I needed to make ends meet. Then I left Uni & got laid off from work. I understand it was my responsibility to repay this loan but who can predict the future? They target students when really they should have been taking that into account and maybe denying us the payday loan.

There making it harder and harder for me to repay my debt!

I'm back in work now, and i'm only just making ends meet as it is.

I have offered and asked to go into some kind of payment plan.

I borrowed £200 and now I owe then £420 and no doubt this is going to get worse and worse.

There's nothing i can do until I get paid in september and even then there is no chance i can afford this amount in full.

I've had awful nasty phone call's, including silent calls & unknown numbers which i know full well is them.

I tried to e-mail the company, wanting to keep everything in writing, ( They DONT have my new address) however the email just say's it's failed.

Does anyone know how to contact them that doesnt involve letters or phonecalls. So Email for example?

 

After reading the really good advice on here, I REFUSE to pay more then the original loan amount of £200 plus 1 months interest.

 

Once that's paid any other charges they can seriously take me to court for.

Sure the judge would love to take these cowboys down.

It's not fair. It makes life harder then it should be.

I had a similier problem with Wonga, Lost my job had no income, they've let me pay £50 this month and then split it into £100 installments from september for 2 months!

Why can't these idiots help there customers like this?x

[HANLEY40]

The ironic thing about this..this thread has been going for Months..But Toothfairy still trade.