toothfairy payday loan unfair treatment and threats

[Griff220]

ok i had tasken out a £400 loan with them, witch was fine when i was working but due to my working for an agenice work comes and goes.

 

anyways after im told them i lost the contract i was working for and now have no money they suddenly turn nasty on me. they asked for a copy of my 45 to prove i was not working but when i told them i couldnt get it for at least 2- 3 weeks due to the fact my old work was still waiting to get it back after sencding it off to the tax people(or who ever they have to send it off to)

 

they called me and said i should call them back on the same day or they will hand my case over to bailifts, so i called and explained that i couldnt get it will my old work gets it back for the tax people, and she just got moody with me and basily said i was lieing!!! anyway she agreed to give me till 27/05/11 to get my p45 to them.

 

but on the 23/05/11 i got this email from them

 

 

Dear J Griffiths,

Repayment of your loan issued by Toothfairy Finance is still outstanding and you have ignored all communications sent to you by them and ourselves. You received a £400 \'short term\' loan on the 8th March 2011 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 £1212. 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 \"Warrant of Execution\" to enable us to obtain an attachment of your earnings and or benefits. We will also look to obtain a Wa

 

 

so i sent one back saying

 

dear toni

 

firstly you said i have 'ignored all communitcations' ok so how about the emails i have sent you? or how aobut the 3 phone calls i have with your company?

so that is CLEAR evidance that i have no 'ignored all communication' and in fact tryed to contact you and let you know why i have failed to pay back the loan on time.

now the other companys i have contact have been very helpfuly in understanding what has happend to me and my family.

as i have said in 2 phone calls on the 20/05/11 i am still wait to get my 45 so that i can send it to you and show that i do not have a job and that i am not getting any benefits.

i have explained this three times now!

but in case i will expalin it agian

i have no job, my mum has no job, my dad is having to sell the house becasue of this! and i am currrentl finding all this very stressfull.

i have said i will pay you back as soon as i find a job! i am making every effot to help sort this issue and payback what i owe.

i feel like i should just kill myself?

 

 

i then heard nothing from them untill i got this email

 

 

BY LETTER AND EMAIL

 

Online payment ID: XXXXX

Outstanding amount: 1212

 

Letter of Instruction

 

Reference: BAILIFF/INTR/499518

 

Client: ToothFairy Finance Ltd - ToothFairy Pay Day Loan

Client Ref: XXXXX

Date: 25/05/2011

 

Dear Mr Griffiths,

 

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 1212) including any fees we incur collecting this debt. Payment in full must be received no later than 13:00 SEVEN days from 25/05/2011

 

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 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”.

 

Yours Faithfully

 

 

Door Collections

Marshall Hoares Bailiffs

Telephone: 0843 381 1111

 

 

 

i dont know what to do they seem to just be inoring anything and every thing i tell them and will not help me at all i do not know what to do will someone plaese help?

[alfwithhair]

MARSHALL HOARES BAILIFFS ARE DEBT COLLECTORS, NOT REAL BAILIFFS

All persons receiving threats and demands from this bull**** bailiff (it is merely another chain of notherndebtrecovery/toothfairy finance (is in fact the same office)). According to http://www.acea.org.uk/ these people are not registered. The HM Courts service clarifies this. I suggest you make a complaint to the OFT and trading standards.

[Revenant]

Hi Griff

 

Welcome to CAG

 

Try not to panic (Not easy I know)

 

This lot have been mentioned before. . . http://www.consumeractiongroup.co.uk/forum/showthread.php?305243-tooth-fairy-finace-and-marshall-hoares-bailiffs

 

Follow alf's advice and get complaining

 

Good luck

[Griff220]

oh dear, so baisly they are lieing? ok sorry but how to i do that and what should i say to oft? and trading standerds?

[meemok]

... ToothFairy Pay Day Loan has legally assigned the rights of the above debt to Marshall Hoares Bailiffs

 

 

I thought an assignment was of both rights & duties? Does this sentence invalidate the NOA in any way?

 

Also, Companies House shows Marshall Hoares as 'non-trading' and 'dormant'. Should toothfairy even be sending this stuff out?

[Revenant]

OFT Guidelines

 

False representation of authority and/or legal position

 

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority

and/or the correct legal position.

 

2.4 Examples of unfair practices are as follows:

 

a. falsely implying or claiming authority, for example, claiming to work on

 

instructions from the courts, claiming to be bailiffs or, in Scotland,

 

sheriff officers or messenger-at-arms

 

b. falsely implying or stating that action can or will be taken when it legally

 

cannot, for example, referring to bankruptcy or sequestration proceedings They can only get a Warrant of Execution if they obtain a CCJ AND you default on that,

even then they have to re apply to the Court

 

 

when the balance is too low to qualify for such proceedings or claiming a

 

right of entry when no court order to this effect has been granted

 

 

There's a little something to start you off with Griff

 

R

 

Edited May 25, 2011 by Revenant

[alfwithhair]

Name & Registered Office:

MARSHALL HOARES BALIFFS LTD

65 NEW CAVENDISH STREET

LONDON

W1G 7LS

Company No. 06871092

 

 

Status: Active

Date of Incorporation: 06/04/2009

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7499 - Non-trading company

Accounting Reference Date: 30/04

Last Accounts Made Up To: 30/04/2010 (DORMANT)

Next Accounts Due: 31/01/2012

Last Return Made Up To: 06/04/2010

Next Return Due: 04/05/2011 OVERDUE

Last Members List: 06/04/2010

Previous Names: Date of change Previous Name 08/02/2011 TOOTHFAIRY FINANCE (CHEQUE CASHING ) LIMITED

 

Even the contact phone number is fake

 

Just report them to everyone

 

Marshall Hoares Bailiffs, ToothFairyFinance & NorthernDebtRecovery are all one entity, all one establishment; CIM Technologies Ltd. whom is the primary credit licence holder. Marshall Hoares Bailiffs is neither a licensed bailiff firm, nor registered as a trade-name under the credit licence public database. So are in fact breaking the law. If you received one of their bailiffs at your door, demand to see their HM Court Certification &/or copy of Court Order. If they reveal an ID badge & nothing else, call the police. Do not even confirm yes or no to any questions or demands. DO NOT LET THEM INTO YOUR HOME. They are debt collectors, not bailiffs and MUST LEAVE WHEN TOLD. If they try forcing their way in, they have committed a criminal offence. If they try jamming their foot in the door, they have just breached peaceable means and have committed a criminal offence. At all costs, call the police. Note down any registration number plates of vehicles they might be driving, or better yet, answer the door to strangers with a video phone or the like.

[Griff220]

ok thank you people i have called the oft and they said they will deal with the matter about MARSHALL HOARES.

 

now thanks to the link

 

that revrent posted it says that 'These people were struck off in 2010 and so was tooth fairy finance' now the question i ask?

if they were stuck off how can they still be able to lend people money? or even trad under that name?

[Revenant]

That's got the ball rolling Griff

 

If they contact you again you could just tell them that the matter is now part of an OFT complaint OR you just let them dig the hole deeper and wait

 

R

[alfwithhair]

If you search for ToothFairyFinance, whom are the ones that appear to be issuing loans, they did not actually obtain a credit license, or was legally covered by the consumer credit license CIM Technologies Ltd. holds until 28-Oc t-2010. Searching CIM Technologies Ltds. Credit license number (which is the same) shows this update. In english, basically, any loans issued before that date are not actually legally enforceable. In laymans terms, they were loan-shark loans.

 

Marshall Hoares Bailiffs, ToothFairyFinance & NorthernDebtRecovery are all one entity, all one establishment; CIM Technologies Ltd. whom is the primary credit licence holder. Marshall Hoares Bailiffs is neither a licensed bailiff firm, nor registered as a trade-name under the credit licence public database. So are in fact breaking the law.

[Revenant]

They got mentioned in another thread re OFT slapping their wrists

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?283393-OFT-cautions-Tooth-Fairy-Finance

[Griff220]

REQUIREMENTS IlVlPOSED BY THE OFFICE OF FAIR TRADING ('OFT')

PURSUANT TO SECTION 33A AND SECTION 33D(4) OF THE CONSUMER

CREDIT ACT 1974 ('the Act')

REQUIREMENTS RELATING TO:

 

CIM Technologies Ltd,

(Consumer Credit Licence Number 615666),

registered office: 65 New Cavendish Street, London,

WIG 7LS.

THE OFT REQUIRES AS FOLLOWS:

That:

1. CIM Technologies Limited shall not use any trading name which is not

specified in its consumer credit licence.

2. CIM Technologies Limited shall only use a form of communication

where

it can be reasonably certain that it is contacting the correct

individual and shall not:

2.1 disclose the details or existence of a debt to any third party

unless legally entitled to do so;

2.2 levy charges that are disproportionate to the main debt and

which do not reflect the actual and necessary cost of recovering

a debt owed to it;

2.3 pressure debtors who have defaulted on an agreement to pay

unreasonably large instalments when they are unable to do so;

0

r

2.4 make any misleading representations as to the action

it might

take or might be taking to recover a debt.

3. CIM Technologies Limited shall:

3.1 only debit a debtor's account on the date or dates as expressly

set out in the loan agreement, unless otherwise specifically

agreed with the debtor after the loan has been issued, for

example as part of a payment plan;

3.2 not debit lesser or greater amounts than those expressly set out

in the loan agreement unless such amounts have been

specifically agreed with the debtor after the loan has been

issued, for example as part of a payment plan; and

CllVl Technologies Ltd, 61 5666. 27 October 201

0

Page 1 of 2

3.3

only debit from an account specifically given to CIM

Technologies Limited for the payment of that loan.

4. CIM Technologies Limited shall instruct a suitably qualified party to

advise on, and administer as necessary, legal and regulatory

compliance.

For the purposes of these requirements 'CIM Technologies Limited' shall

include any company associated to CIM Technologies Limited, as defined by

s184 of the Consumer Credit Act 1974 and includes, but is not limited to,

Toothfairy Finance Limited, Northern Debt Recovery Limited and Toothfairy

Cheque Cashing Limited.

ANY FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS WILL

RENDER CIM TECHNOLOGIES LIMITED LIABLE TO FURTHER FORMAL

ACTION BY THE OFT. THIS COULD INCLUDE THE IMPOSITION OF

FINANCIAL PENALTIES PURSUANT TO SECTION 39A OF THE ACT AND/OR

THE REVOCATION OF CllM TECHNOLOGIES LIMITED'S CONSUMER CREDIT

LICENCE PURSUANT TO SECTION 32 OF THE ACT.

Ray Watson Director, Consumer Credit Group.

Authorised signatory on behalf of the OFT

CIM Technologies Ltd, 61 5666. 27 October 201 0

Page 2 of 2

 

 

i have just found this document online and i can prove that they have broken the agreement from 2.2 till 2.4

 

from 2.2 till 2.4

 

right the evidance ( please corrent me if i am wrong)

 

2.2 from a £400 loan i now owe £1200

 

2.3 i am out of work and expained this and yet they keep tell me to pay with x days or i will go to court! i have no money to pay them.

 

2.4 emails and phone calls using the other company names that they shouldnt even be using.

 

if i am wrong plaese tell me of i am right i wll be called oft and pointing all these points out.

 

 

Edited May 25, 2011 by Griff220
spelling

[alfwithhair]

You seem to have got the picture now, don't forgot about Rev's points either

 

OFT Guidelines

 

False representation of authority and/or legal position

 

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority

and/or the correct legal position.

 

2.4 Examples of unfair practices are as follows:

 

a. falsely implying or claiming authority, for example, claiming to work on

 

instructions from the courts, claiming to be bailiffs or, in Scotland,

 

sheriff officers or messenger-at-arms

 

b. falsely implying or stating that action can or will be taken when it legally

 

cannot, for example, referring to bankruptcy or sequestration proceedings They can only get a warrant of execution if they obtain a CCJ AND you default on that,

even then they have to re apply to the Court

 

 

when the balance is too low to qualify for such proceedings or claiming a

 

right of entry when no court order to this effect has been granted

[Griff220]

right i just had a very nice phone convo with the lady at oft and she is passing it on to trading standerds. she couldnt belive how many laws they have broke! if fact she told me to stop and said ' that will do for now' and trading standerds should be contacting me soon.

 

i will keep you guys updated with what happens.

 

thank you all for your help, its time to show these people i will not let them do this and i will fight.

[Revenant]

right i just had a very nice phone convo with the lady at oft and she is passing it on to trading standerds. she couldnt belive how many laws they have broke! if fact she told me to stop and said ' that will do for now' and trading standerds should be contacting me soon.

 

i will keep you guys updated with what happens.

 

thank you all for your help, its time to show these people i will not let them do this and i will fight.

 

 

Well done Grif

 

Keep everything written down and safe for future ref

 

They rely on fear and you not knowing what to do, feels good to find out you have more power than they like to acknowledge

 

R

[DonkeyB]

CAG bares its teeth again... love it. There is no hiding place for these shysters.

[HANLEY40]

I am currently having problems but they have started the malicious nusience calls, I tracked down the owner of the company and the solicito.65 New cavandish street is the offices of their solicitor Daniel Walters from the firm Harris and trotter and the Toothfairy is registered in the name of a 70 year old lady!!.Barbara Kahan.I will also be contacting the OFT and the Police plus my contacts on a certain National Newspaper, I have the bit between my teeth now.

[Griff220]

ok guys i just found thses TWO emails ( in my junk email)

 

any ways what do you make from this?

 

this was the first one

 

 

Dear Mr Griffiths

Ref: ToothFairy Finance Ltd – ToothFairy Pay Day Loan / XXXXX Thank you for your email.

CIM Technologies Ltd (trading as Toothfairy Finance), Toothfairy Finance Limited as well as Northern Debt Recovery are fully compliant with all necessary legislation.

A. Financial Services Authority:

FSA regulation is only required for secured loans. This is an unsecured loan covered by the Consumer Credit Act.

B. Consumer Credit License:

-CIM technologies Limited (trading as Toothfairy Finance) is fully licensed in accordance with the Consumer Credit Act by the Office of Fair Trading. CIM Technologies Consumer Credit License number is 615666. The local trading standards office is Camden.

-Northern Debt Recovery is fully licensed in accordance with the Consumer Credit Act by Office of Fair Trading. Northern Debt Recoverys Consumer Credit License number is 631166-1. The local trading standards office is Camden.

In conclusion all actions will be fully complaint and all necessary licenses held.

We trust that this has alleviated any of your concerns relating to legal and procedural compliance. It is imperative that you now work with us to repay the loan. Please contact us within 24 hours to discuss this.

 

If we do not hear from you by close of business TODAY we will have no option but to :

1. Add full legal and recovery fees to your file.
   
2. Pass your file with ALL evidence to third party Recovery Agents and Solicitors
   
3. Register your defaults as per this loan agreement against your national credit file.
   

We look forward to hearing from you today so as to achieve a speedy and cost effective resolution to this matter.

Yours sincerely,

DEBT MANAGER – JACK ROGERS (43)

NORTHERN DEBT RECOVERY

0843 381 0843

NOTICE: The contents of this e-mail are intended for the named addressee only.

It contains information which may be confidential and which may also be privileged. Unless you are the named addressee (or authorised to receive for the addressee) you may not copy or use it, or disclose it to anyone else. If you received it in error please notify sender immediately and then destroy it.

If you would like to unsubscribe and stop receiving these email

 

 

 

and the second only followed around 5 mins later

 

 

 

Dear James,

Thank you for your email dated 25.3.11.

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

You received a £400 \'short term\' loan on the 8th March 2011 to be repaid within 14-28 days. As a result of your DEFAULT, charges and interest have accrued leaving the total at £1212.

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 pass your file over to MH Bailiffs who 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 \"Warrant 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 f

ees and greatly reduce what you owe depending on what arrangement you can come to with us. If you ignore us or if we cannot come to an amicable agreement 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 avoid1.       Increased Cost

2.       Adverse Credit

3.       Recovery Agent/ Bailiff/Court Action.

Yours sincerely,

DEBT MANAGER – JACK ROGERS (43)

NORTHERN DEBT RECOVERY

0843 381 0843

NOTICE: The contents of this e-mail are intended for the named addressee only.

 

 

 

now if your have a good eye for detail you would see that i keep getting passed around the office??? first the email came from (recovery team A) then after i reyplyed to that one i got a email from (recovery team G) and now its K.

 

and in that 2nd email i just posted they claim they will pass my file on to hm bailffs???? but hang on i have already had a email from them say that they have already had my file passed on to them!!!!

 

 

What the hell is going on???? they dont seem to have a clue!! i have report them to tfd but nothing has seemed to happed!

 

i have had it with these people and feel like driving to there office and well the thing i would like to do would send me to jail! i am at my end with thses people and there seems nothing i can do!

 

they are clearly crooked!

 

sorry guys for getting in the state and i am gratful for all the help and advice you guys are a wonderful assit to have and i know i can at least trust.

[DonkeyB]

They state they will pass the file to the bailiff who will take court action. Er, no. Only the owner if the debt can take court action. They also state 'when we obtain judgment', contradicting themselves and assuming they will win, which is not definite and is therefore a deliberately misleading threat. More complaints.

[Griff220]

yeah and as alf pointed out

Marshall Hoares Bailiffs are not bailiffs!

 

 

after i got that email (2nd emial in the 1st post) i challaged them about marshall hoares bailiffs and now they have gone back to sending me emails from the email address from ndr!

[alfwithhair]

I find the comment

 

"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"

 

I think that warrants another batch of complaints, intimidating and threatening, they do not say the reason for their calling?

To break your legs, take your telly or have a brew?

 

They are just trying to bully you into paying through fear. This outfit and all its offshoots are rotten to the core.

[coledog]

Hi G Mannion, I have asked the site team to start a new thread for you as this could become complicated.

 

The only way to deal with these companies is to report your card as 'stolen' and open a new parachute account for any funds that you have or income you are expecting, even a basic account will do there are a number around. You have to regain control of your own money and then tackle any debts you may owe. Banks will not help if you have given these companies your card or bank details or let them set up Direct debits

[leothelion1986]

Thanks Coledog, I have replied to the new thread, much appreciated for the action you have taken.

G

[Griff220]

hi guys i just got aqnother email from the FAKE bailiff company MARSHALL HOARES. they keep clamming i have not contacted them??? when infact i have reponded to every email i have got.

 

i like they way they say they will call me work!! even thoughe i have told them and showed them prove that i am not working.

and they are also saying the will send a angent round to get payment?????? they cant do that??

 

 

BY LETTER AND EMAIL

 

Online payment ID: XXXXX

 

Outstanding amount: 1284

 

DCommence Proceedings

 

Client: ToothFairy Finance Ltd - ToothFairy Pay Day Loan

Client Ref: XXXXX

Date: 02/06/2011

 

We write to inform you that we have not heard from you and that we have been instructed to commence active recovery procedures against you for the collection of the above arrears which remain outstanding.

 

Full payment of the outstanding amounts is hereby demanded within 7 days of this notice to prevent further recovery procedures commencing. Further recovery procedures which we will undertake are:

-further letters and telephone calls to contact you at your home and place of work

-our agent will make visits to your prem ises for the purpose of obtaining payment

-we will gather all evidence and prepare your file for presentation to your local County Court

 

Should you be unable to pay in full within 7 days, an instalment plan may be accepted depending on your circumstances.

 

If you wish to pay by instalments you should contact one of our customer service operators as soon as possible on 0843 381 1111.

 

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 possible. 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.

[OnMyWayOut]

That message has got your client references in it at least twice - it needs editing!