Tooth Fairy - loan was for £400 - now £1200!! - on benefits - they say they will take it all!!

[davedavebodywave]

Hello I need some advice urgently,

 

I took out a small pay day loan of £400 iin November with this company, To cut a long story short i now owe 1212 pound,

 

I have spoken to them tonight and i feel like ripping my hair out, They are rude, abusive and seem to have no laws at all..

 

basically Ii am not working since last week and they are asking for my p45 and my proof of jsa. They then said they will take a percentage and would not say how much, I literally have no money coming in so you can guess i am worried..

I am normally pretty good with debt and phone calls to companies but these guys are on another planet

 

Please help

 

Has anyone dealt with these guys before ???

 

Thanks

David

[dx100uk]

what!

 

who do they think they are !!!!

 

they have NO legal right to see any of your paperwork NOR any pers financial details...only a judge can order thaT!

they also are NOT entitled to anything more the £1PCM if you are on benefits.

 

STOP talking to these muppets on the phone.

 

WRITING only.

 

dx

[postggj]

the thing these payday companies do not realize is the loans are only for 1 month

 

if you fail to pay after thirty days then they send you a default notice, if you fail to rectify then the account goes into limbo as such or flogged to a dca

 

they can add as much charges/ interest as they want, does not make it legal

 

all you end up owing after 30 days plus 14 days with the default notice is the original loan plus contractual interest, say £75 .00

 

THE LOAN CONTRACT IS FOR 30 DAYS SO HOW CAN THEY CLAIM LATE CONTRACTUAL INTERST AND PENALTY CHARGES

[sillygirl1]

I agree with postggj, plus Section 87 of the CCA act comes into play here, so you can't go down the default and termination route as the whole amount is in arrears.

 

Stay off the phone to them, email them daily with an offer and refuse to fill in any of their Income and Expenditure forms, they do NOT need your P45 they have absolutely no legal right to that, the P45 goes to the DSS (or DWP)

 

Keep everything in email.

 

If you can get an alternative bank account set up get that done pronto, as you are on JSA the Post office is a good bet, or Halifax Easycash.

 

If this went to court a judge would severely query the charges and interest rate and the MOST you would have to pay them would be £1 a month.....

[davedavebodywave]

Hi,

 

Just to add I have had about 14 calls to my mobile since Thursday afternoon, The lady i spoke to this evening also added she wanted prove of my work starting and end dates and if the dates showed any wrong info they would take me to court for fraud!

 

This is accusing me of being a criminal??

 

I was dealing with ndr recovery at first and i had no idea it was passed to another company called marshall hoares So i ignored the 14 calls,

She also added at the end because i was arguing with her that she was starting court action tomorrow as she was sick of talking to me...

 

Grr.. wtf?

 

 

I have read all the posts on here and i feel lost as to what i can do.. should i let it go to court or send money on a monthly basis even thou they refuse to accept what i think i can pay..

 

Thanks..

[davedavebodywave]

Hey, I have cancelled the card i supplied on the initial application and the bank is going to send me a new one.. Its more the stress and no knowing what they can or cannot do..

 

or more importantly what i should do for the best.

 

All feedback is welcome

[postggj]

THIS IS WHAT YOU DO

 

SEND A TELEPHONE HARASSMENT LETTER AND ANOTHER LETTER STATING YOUR PROPOSALS TO REPAY/ AND WHAT YOUR CURRENT CIRCUMSTANCES ARE

 

ADDRESS IT

 

FORMAL COMPLAINT AS TO YOUR COMPLAINTS PROCEEDURE

 

AS YOU ARE ON BENEFITS, £1.00 A MONTH SHOULD DO IT

 

JUST PAY BACK THE CONTRACTUAL BALANCE YOU WOULD HAVE PAID AT THE END OF THE MONTH, THAT'S ALL

 

SEND BY RECORDED DELIVERY

 

 

 

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

 

Yours faithfully,

 

 

 

[NAME HERE]

.

.

[davedavebodywave]

I will email the letter tomorrow thank you for your help, Also i have no issues paying when i am back in work but untill i find a new job i am stuck in limbo..

 

Thanks:)

[postggj]

With payday loan companies, is all bovine excrement

 

just stick to your guns

[davedavebodywave]

anyone else had any issues with these clowns??

[indebt00]

hiya dave i have, and they dont agree to repayment plans im still struggling to repay my debt to them. but dont worry your in the right they cant do nothing to you and were here to help you xx

[davedavebodywave]

Hello and Thankyou

 

i can understand to a point they want the money but its the lack of any compassion or need to even try and listen or help.. The girls attitude and whole manner was horrid, She even accused me of fraud to a point..

 

I have never been spoken to like that on the phone before in my life ever..

 

Can i use harrassment if i visit my solicitor?

[davedavebodywave]

What happened with you? Did they accept anything or did it go to court?

[dx100uk]

ddbw...

 

can you please start paying attention to what is written in this thread..........

 

you pay them £1 by SO ONLY and

 

no they cannot go to court - you have done nothing wrong.

you should STOP conversing on the phone too.

 

dx

siteteam.

[davedavebodywave]

I asked a question to a member who said they was having the same kind of problem? ???

 

wt

[dx100uk]

ok

you must remember

as you did

you found cag and read other threads

 

just want to make it clear on your options for future readers

 

they dont do court- they cant

 

dx

[Fagin61]

Stand firm, you have no job, you have done nothing wrong. A judge will order a £1 a month, if it ever came to court ( which it wont ) Take the advice offered here, you have spoken to them, sometimes unavoidable, now is the time to refuse to speak to them, everything in writing. Pay your £1 a month, never ever give your card details out and get on with your life. It appears that you were shocked by the way you were spoken too, maybe this has had a unsettling influence on you, time to tell them to take a running jump. Be strong.

[The_Rev]

Didn't Toothfairy Finance get heavily fined a couple of months ago for pretty much the same thing as is going on here?

 

Stick to your guns, offer them only what you can afford to pay and if they keep threatening you, threaten them in return with complaints to OFT and Trading Standards!