Toothfairy/Marshall Hoares - pretending to have bailiff powers under DCA role

[laury_ashy]

Hello, and thank you to anyone reading this post.

 

I seem to be in a slight predicament regarding Toothfairy Finance. Last year, I took out a loan with them (April 2010) for £100. I then lost my main source of income very shortly afterwards, and couldn't make the repayments. NDR took the debt, and I paid back £100, and couldn't match the additional £70 they were asking for. They then claimed the debt would be passed on to "Phillips Bailiffs", so I waited to hear from them. Phillips eventually sent me a letter, and I called explaining the situation, that I was once again unemployed, and they said they would wait to hear from me when I had money.

 

Time passed, and I regret to say this debt was forgotten. Recently, I rediscovered my letter from Phillips, and called them again to dicuss the debt, as I am now on JSA, and would be able to make verrrrrry small but regular payments. They informed me the debt was in the hands of Toothfairy once again, who I called, and they told me I now owed £956 (!!!!!!!!!) I was advised to call NDR, which I did repeatedly, to no answer, and a automated voice telling me the number was not in service.

 

This Friday, I then received this email from "Marshall Hoares Legal"

 

---------------------------------------------------------------------------------------------

 

BY LETTER AND EMAIL

 

Online payment ID: *****

Outstanding amount: 956

 

Letter of Instruction & Notice reminder

 

Reference: BAILIFF/INTR/10152

Client: ToothFairy Finance Ltd - ToothFairy Pay Day Loan

Client Ref: *****

 

Date: 19/06/2011

 

Dear Miss R*********,

 

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 956) including any fees we incur collecting thi s debt. Payment in full must be received no later than 17:00 on the 22 June 2011 to avoid further door collection fees being added to your file. DO NOT IGNORE OR THIS WILL COST YOU MORE

 

Debt GBP 712

NDR Accept Case File GBP 200

Solicitors - Instructed GBP 150

 

Repayments todate GBP 106

Total GBP 956

 

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 yo ur 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:

 

OR

 

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

 

Barclays Bank

Account Number: 93462382

Sor t Code: 20-50-94

Reference: Use your mobile number (447905595505) 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

 

-------------------------------------------------------------------------------------------------------

 

Obviously, this now has me very scared. I have NOT got £956, and would not be able to make the payment by 22nd June, which is only 3 days away. I have drafted a response email, as I fully intend to go to the Citizens Advice Bureau as soon as possible, and ask them how best to proceed, but was wondering if anyone else had any dealings with Marshall Hoare, and if they really are as nasty as they sound? I can't see how this much in charges can be legal, and just need some advice... Please.

 

This is my draft reply....

 

-------------------------------------------------------------------------------------------------------

To whom it may concern

I am in receipt of your email, which was sent to me 4 times within 48 hours. I have read through the charges and intended action on your behalf, and as soon as I can arrange an appointment (having received all of your emails during the weekend) will be attending my local Citizens Advice Bureau, with the email you sent you me, and asking how best to proceed, as the amount you claim I owe you is ludicrous for a £100 pay day loan.

I am not currently working, and am in no position to pay this debt off in one payment, or indeed to pay it off quickly at all, due to very little money coming in, and will certainly not pay over £900, having already paid the £100 back that I borrowed, as those are by no means legitimate costings. I will be seeking independent advice about the additional costs, and will respond to you after this advice has been garnered. I will also not be calling your office to discuss this, as I would prefer all correspondance in writing, for a record if this case is pursued further.

If any of the above needs to be further explained, I am happy to respond to any emails, but will not be making a payment until I have spoken to an authority regarding this debt, and my options from this point.

 

Yours,

L.R*********

 

---------------------------------------------------------------------------------------------------

 

Would anyone recommend a different approach? I just don't know what to do anymore, as reasoning with either Toothfairy or NDR seemed like banging ones head against a brick wall. Any advice would be welcome. Thank you.

[ims21]

Hi there

 

Welcome to CAG

 

This is not my area but the guys will advise as soon as they are available.

 

In the meantime you might like to read through the following thread for some reassurance

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?300593-Payday-Loan-Help-Toothfairy!

 

ims

[dx100uk]

right

this is very naughty

 

they are doing as they usually do

and intermating that they have bailiff powers

when infact they are just operating under their DCA wing.

 

theyhave NO LEGAL POWERS to do anything to you

nor add any extra charges

 

if you have paid the original sum back then i'd pers ignore them

 

however, you need to complain to you local trading standards and fwd them a copy of that letter

 

dx

[alfwithhair]

ToothFairy/NDR/Marshall Hoares Bailiffs

All in bed together

Well publised on here that they are not licenced bailiffs, just a dca trying to intimidate.

Report to OFT and Trading Standards

Interesting point they said they would pass it to Phillips Bailiffs.

This company does has a licenced bailiff division, but is also a DCA and likes to use the name bailiff in their letters when they are only attempting to collect on behalf of.

Not seen Phillips involment before on TF/NDR/Marshall Hoares threads.

I will look into their involment with TF in the morning.

 

I wouldn't bother even bother sending them your draft letter, just ignore them and don't enter into any discussion on the phone with them

 

Toothfairy Finance was not covered by or held a consumer credit license until October 2010

 

Any loans issued by Toothfairy Finance prior to October 2010 are not legally enforceable and are in fact loan-shark loans. Anybody that did actually borrow money from these before this date can actually get the debt removed from their credit file & issue legal proceedings against them for loss & damages.

Edited June 24, 2011 by MARTIN3030

[Mid29]

I have had exactley the same email, I've recieved the same email 5 times since Friday! Obviously with different amounts but they are trying to charge me £1210 for an outstanding amound of £50.

 

 

I've never recieved any formal letter through the post either, does this make any difference? I can't see how they can legitimately send someone to my home if I've never recieved a letter!

[Mid29]

Toothfairy Finance was not covered by or held a consumer credit license until October 2010

 

Any loans issued by Toothfairy Finance prior to October 2010 are not legally enforceable and are in fact loan-shark loans. Anybody that did actually borrow money from these con-merchants before this date can actually get the debt removed from their credit file & issue legal proceedings against them for loss & damages.

 

How would you go about getting rid of this debt if this is the case? I got the loan in October 2009 in my last year at university.

[eastgrinstead]

Ignore these idiots they are not registered and have no legal power due to this fact.

Do not send them money as its a [problem] and report these idiots to the police by quoting 990/22/6/2011.

They are trying to get £6971 for an £100 loan i have never had.

Dont bother reasoning with them they will not listen to you.

1a sheffeild road tunbridge wells is an empty garage and is registered to charus automatic arcade machine refurbishers.

It is illegal for these idiots to contact you before proceedings and tooth fairy, marshall hoares,northern debt recovery are at the same office with the same bank details plus their so called solicitors also have the same address and bank details....a [problem].....i would say so......try grody discussion board im edward lee on there.

Dont respond to their emails as its an automated system which will keep sending you the same old email threatening home visits to which they will never turn up.

Dont bother ringing them as i was threatened with violence by these idiots......do not pay them as they will state that you have not paid and continue to issue threatening emails to get you to pay more and this will continue until you have lost all your money, its a trick of the trade with them.

It is illegal for them to send emails or ring you over the weekend.

 

Check companies house website search marshall hoares bailiffs....06871092....currently dormant....northern debt recovery....06956396......dorment.

Both been dormant since 2010 no legal licences.

I hope this is helpful but please do not fall into their trap of paying them.....best of luck edward lee

[MARTIN3030]

I would suggest that those posting here should file a complaint online to Consumer Direct and go to your local Trading Standards Office.

Take with you any original communications and print off a copy of this.

 

http://www.oft.gov.uk/news-and-updates/press/2010/116-10

 

 

 

 

Press releases 2010 -

 

 

OFT acts to improve lending practices

 

116/10 9 November 2010

The OFT has taken action to address unsatisfactory business practices of payday lender CIM Technologies Ltd, known as Tooth Fairy Finance.

Tooth Fairy Finance is a payday lender which typically lends amounts of between £100-£300 to students on a short-term basis via telephone or SMS.

The OFT has imposed requirements on Tooth Fairy Finance which set out that it must not:

 

• vary the repayment date or amount payable in respect of the loan, unless this is specifically agreed in advance with the debtor
  
• trade using names other than those permitted by its credit licence
  
• levy debt collection charges that are disproportionate to the amount owed.
  

The company must also appoint a suitably qualified person to advise on, and administer as necessary, legal and regulatory compliance.

Failure to comply with these requirements could lead to a fine of up to £50,000 per breach or to action by the OFT to revoke the company's credit licence.

[MARTIN3030]

Toothfairy Finance

http://www.toothfairyfinance.co.uk

http://www.toothfairyfinance.com

 

These are listed on the CC licence of Cim Technologies Limited,whose offices are listed as ;

Elizabeth House, 54-58, High Street, Edgware, Middlesex, HA8 7EJ

 

However a notification has been filed showing a change to the above details to include the following address;

 

15, Lyndhurst Terrace, Hampstead, London, NW3 5QA

Officers listed on the CC licence are Jonathan Weinstock and another.

Weinstock is named in the Notification of 23rd.June-so looks to be in consideration of the OFT imposing requirements previously.

 

The licence gives permissions for debt collection activities.

 

 

Toothfairy Finance Limited

 

There is a sep licence for these,and companies operating under this licence are ;

 

Gogetloan

Gogetloan.Co.Uk

Nextcredit

Nextcredit.Co.Uk

Toothfairy Finance

 

The person named as running the organisation is Gary Chapple

 

The listed address for correspondence and registered offices is 15, Lyndhurst Terrace, Hampstead, London, NW3 5QA-Which is the same one as notified being the new address for CIM Technologies.

 

Note-THERE IS NO DEBT COLLECTION PROVISION OR PERMISSION ON THIS LICENCE.

[alfwithhair]

NDR does have a valid consumer credit licence

Licence Number:0631166

Licence Status:Current

[JT87]

I signed up just to say i'm having the exact same problem with these. I have a DMP with CCCS and they have paid Tooth Fairy 2 payments so far, of course 'Marshall Hoares' deny any contact and any payment and that they will 'seize property' if i dont pay in 3 DAYS' ! I have replied countless times now asking them to refer to my DMP with ref number etc, they are just not interested and bombard me with emails 3 times a day trying to fob me off with a 'home visit' - of course I have read up on them and know exactly what's going on, they must think I actually don't have a brain at all. I've got all their emails and have reported them to the OFT for the disgraceful manner in which they are trading.

Edited June 24, 2011 by MARTIN3030

[MARTIN3030]

Yes you need to keep copies of everything that you have sent and received.

It is extremely important that people report these practices,then things will be done.

The OFT actions have already given them notice of what they need to be observing,it seems that there has been little change if the complaints reported on the CAG are anything to go by.

[MARTIN3030]

Can we please keep posts factual,and avoid posting anything that cannot be substantiated.

A reminder also to observe site rules on posting.

[kb2011]

I would recommend you email [email protected] if you can't reach an amicable solution with TFF/MHB. Can't promise it'll be sorted that way, but the more people complain to the OFT (they are in breach of at least three points set by the OFT) the quicker they may act on them.

[MARTIN3030]

One that can also be used is;

 

[email protected] k

 

 

You will almost always get a reply from this one.

[sillygirl1]

Here is the link to the OFT sanctioning Toothfairy

 

http://www.beatmydebt.com/news-articles/oft-cautions-tooth-fairy-finance.html

 

Let the OFT know this company are still messing customers around.

[MARTIN3030]

Absolutely.

[freddyfox]

Will they actually come to the house as I also have been threatened with house visit.

[sillygirl1]

They have no powers and can be told to get lost. Even if they are a bailiff they CANNOT use their bailiff powers when collecting on a common commercial debt which is what this is.

 

So far nobody has had a visit. You can email them stating no visits nor phone calls and everything in writing, preferably emails.

[freddyfox]

Thankyou, I have reported them today, because this is starting to make me feel ill

[PriorityOne]

Some of these accounts have gone out to a Doorstep Collection Agency (DCA) ... The Lewis Group.

 

.... who are very easy to get shot of.

[Brammah121]

I have just today received a visit from Ground collect on behalf of marshall hoares bailiffs, i was not in when they visited but did receive a letter advising me to contact them today or they will return shortly, im actually pretty scared now and im wondering what my best course of action is as i dont have the money to pay them.

[dx100uk]

your action is to tell them to go away off

or you will call the police

 

they are NOT bailiffs and have NO LEGAL POWERS

 

PLEASE

do not confuse a dca with baililffs

 

bailiffs ONLY come

after they have taken you to court

[and PDL co's rarely do court ]

you get a CCJ

you fail to pay the CCJ

 

ignore them

 

dx

[sillygirl1]

DX - sorry but PDL companies DO do court, and some more frequently than others, one company now goes straight to court if somebody deletes their debit card details from their site - I have hard evidence of this.

 

Get in touch with MP Stella Creasey, she is actively doing things at a high level with PDL companies and she also has a load of journalists waiting to name and shame companies.

 

As stated Marshall Hoares are not Bailiffs in this case and are exceeding their authority, so you MUST complain about them to Trading Standards and the OFT - yours could be the complaint that tips the balance come licence renewal time. If you don't complain you are wasting your time posting on this site.

[dx100uk]

yes ofcourse sri

 

but what i realy meant was

in proportion to the threats

very few actually carry them through.

 

lets see what transpires.

 

dx