Toothfairy finance!!!!!!! Help needed **

[indebt00]

i have recived this email today, can anyone help???? i have made minimum payment and have wrote letters to settle a agreement to toothfairy finance and ndr. but i have now recived this email??? help xxxxx

 

 

BY LETTER AND EMAIL

 

Online payment ID:

 

Outstanding amount: 760

 

Letter of Instruction

 

Reference:

 

Client: ToothFairy Finance Ltd - ToothFairy Pay Day Loan

Client Ref:

 

Date: 21/07/2011

 

Dear ..........,

 

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 i ntend to pursue you fully for all outstanding sums (GBP 760) including any fees we incur collecting this debt. Payment in full must be received no later than 13:00 SEVEN days from 21/07/2011

 

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 su pply 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

 

 

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.

 

Marshall Hoares Bailiffs Limited.

Registered Company No.: 6871092

Consumer Credit License: 631168

[Pink_Panther]

I would have thought this is a generic letter designed to scare you into paying - as far as I am aware, as long as you are making efforts to repay them and have documented proof you are trying to settle the loan, then the courts probably wouldn't entertain it.

 

Keep sending them emails offering repayment terms, they sound like a real bunch of bullies to me

 

How much was the original loan for, when was it due and how much have you paid them so far?

[indebt00]

the original loan was £272 (including one month interest) i have paid just under £72 pounds. the loan was due at the beginging of june x

[Pink_Panther]

How on Earth have they got to the sum of £760!!?? It's absolutely extortionate.

 

I'd let them take me to court and see how they explain those charges to the courts, they'd be laughed out!

 

General advice on here seems to be they are only entitled to the original sum plus 1 months interest - unfortunately I don't have any experience of this company, but no doubt someone will be along soon with better advice. Whilst most companies never bother actually going to court, there are a couple who have done I believe - there are lots of horrible stories on here about this company so I am sure others have been in this position and will direct you onto the right path

[indebt00]

thankyou pink panther x

[sillygirl1]

Marshall Hoares MUST be reported to the OFT http://www.consumerdirect.gov.uk along with Toothfairy. They are NOT allowed to act as bailiffs in this matter, they are common debt collectors. They cannot add file fees, collection fees etc.

 

All you owe Toothfairy is the original loan amount plus one months interest

 

COMPLAIN TO THE OFT IMMEDIATELY ABOUT BOTH COMPANIES

[s4ddys]

Like the threads above this is more of a threat than a promise. I would start by sending a CCA and breakdown of charges request (good templates available on this site). You will need to send a postal order for £1 with it. Make sure you send it recorded delivery and keep the reference etc. This will enable you to figure out exactly how the charges have been applied, and why they think you owe them £760. Once you have received this come back and we will help to get an adequate resolution to the matter. In the short term do not worry about these bullies, the letter is very cleverly worded (although IMO they should have said 'possible consequesnces of inaction'), the threats they use can all be used to collect an unpaid debt, but only after a going to court (unlikely if you are making an offer of payment), a judgement is granted (could happen but chances would be slim due to clear sharking and adding of charges), and then you still do not pay. So the threats they are making are a very, very long way off yet and I doubt it would ever get that far. The CCA request means they cannot take any further action until they have provided the documents you request, so there is no way then can go near a court!!!!!

[sillygirl1]

You only EVER need to send a CCA request if you do not have the original agreement - completely wrong advice for a payday loan. These are ELECTRONIC agreements and are not treated the same way by the courts.

 

So far this year I have done 9 defences for payday loan companies so they DO go to court.

[Pink_Panther]

Wow 9 defences!!

 

Can I ask who they were with and how you got on?? You're brave taking on 9 of these in court!!

[sillygirl1]

These are defences I have done for other CAGGERS, not for myself, you really should read up on this company on here, do a search for Toothfairy and you will see that they have been in trouble with the OFT.

 

Toothfairy and Cash Genie are two companies willing to take people to court.

[s4ddys]

Really? So how do you know charges have been applied and why without doing a CCA or SAR???? And what would stop the company from taking you to court in the meantime, just because you have written to them? Umm think not.......

[sillygirl1]

I think you ought to read the other PDL threads then you would have a better understanding of the difference between a PDL loan and a bank overdraft/loan situation.

 

Read Section 87 of the CCA act for homework.

 

I'd also advise reading up on the Rankine and Wakesman cases to see why the CCA route isn't foolproof.

 

In most PDL companies cases they tell you that the charges are being applied in emails and texts and send a link to the t&cs.

[s4ddys]

Please do not insult me asking to understand the difference between an overdraft and a payday loan. I know the difference. You can quote as many cases / sections of the CCA as you want but that doesnt make you anymore qualified to answer questions / queries than me. You can say what you want but if you want to find out exactly what charges / interest has been added this is by far the cheapest way to do it. I am not saying use the CCA as an excuse not to pay or as a delaying tactic, I have found out first hand that it is not bulletproof in court, but I have also won a case using CCA as a clear fact that the company were not playing ball or responding which showed the judge where I was coming from, so to discount my advice as the wrong information I find extremely insulting.

[indebt00]

i have sent a cca request to toothfairy finance (maybe stupidly) but just so i can find out breakdown of charges and who actually owns my debt as im still getting letters and emails from toothfairy finance,ndr and Marshall Hoares.???? x thankyou for your help

[indebt00]

by the way i have not recieved a response to the cca sent x

[diamondgirl]

Marshall Hoares Bailiffs are not Bailiffs so dont be fooled into that one. They will only deal with emails, they do not respond to post, very odd for a company who states the Bailiff word. They state they are a paper free office, how very odd, I certainly don't know of a trading company who do not use paper. I have spoken to these people, and I use the word loosely, and I said so if we send you a cheque you are just going to ignore it then - the response - of course not, so I said why not reply to letters sent in the post - response we are a paper free office. Just goes to show how clever they are doesn't it, also Tooth Fairy wont reply to letters either.

DG

[s4ddys]

You need to also report the case to the OFT, only 1 company should chase any one debt at one time so already contraveaning OFT guidelines there. My advice would be to deal with the original creditor if they are still chasing you, keep sending letters (recorded) and emails offering payment. If they do take you to court you then have proof you have been trying to settle the debt. And the line about a paper free office is beyond belief!!!!! What if you didnt have access to the internet? An absoluete joke!!!!!

[milok]

They have given me the same thing about the paperless office I really don't have good internet access so I requested on the phone for all contact via post as I was advised they have refused how do I create my own post I don't want to jack his I am having serious problems with these people and they just won't listen to me its all getting to stressful

[indebt00]

i keep getting letters from MH, and there so hard to get hold off!!!!!!!!

[sillygirl1]

Stop trying to get hold of them and report them every time you cannot contact them. The whole point of them being there is for a scare tactic, you MUST report MH's non contact - and a Bailiff firm CANNOT operate a paperless office otherwise how would they handle the warrants of execution and the other court paperwork they need?

[morritt89]

Im curently having trouble with Toothfairy/NDR/MHB

 

Background - pressured into taking out a loan with toothfairy for £300. Got made redundant couldnt pay it back. Kept trying to contact Toothfairy - they would not reply then a few months went by and I recieved a text from NDR saying I owed £x and I agreed to pay £x by a certain date. This was not true. Last week after a large gap MHB contacted me and after I asked them to email me something it came from NDR.

 

Now today I have vistied my local trading standards office at my local council. Last week I just explained the situation and the guy I spoke to contacted the OFT asking if they want the company investigated. Today I had an appoinment for a witness statement against Toothfairy and the rest of them with all my emails and returned post etc. Basically the OFT are Currently investigating these companies - I would advise going to trading standards at your local council explaining the situation and they will contact the OFT on your behalf. The OFT are collecting as many witness statements as possible as many of the problems currently arising are what toothfairy have been in trouble before over. Toothfairy can be closed down and the directors can have an unlimited fine althought there would be nothing stopping the directors opening another company to do the same again just using someone else as a front man.

 

Toothfairy/NDR/MHB still refusing to talk to me and apparently MHB have never visited anybodys home.....

[sillygirl1]

Good on you for following the complaints through, the more people who do this the more bad stories will emerge.

 

This trio of companies all need to be closed down for bad practice.

[morritt89]

Thanks. I initially complained to Consumer Direct who then forwarded it onto my local trading standards who have to pass it buy the OFT. The OFT said yes almost straight away. It's quite amazing how many people these companies have mucked around and it wasn't much of a surprise that they had been in trouble before.

I hope they are shut down and find thousands. If they are shut down what would happen to my debt?

 

There was also something that the trading standards guy pointed out this morning. On one email it stated I owed 350 + 145 GBP which Totalled £775. I assume they haven't heard of calculators

[sillygirl1]

I can put the link to the previous OFT warning here, they were warned about using multiple companies and other things... if using NDR and MHB isn't using multiple companies I don't know what is.

 

The MHB file fee is wrong, and the fact that they are bailiffs collecting on common debt rather than court appointed means they CANNOT use their bailiff powers, therefore the company is misleading their client's debtors.

[indebt00]

i keep getting threatning emails from marshall hoars,

 

 

BY LETTER AND EMAIL

 

Online payment ID:

Outstanding amount: 868

 

Letter of Instruction & Notice reminder

 

Reference:

Client: ToothFairy Finance Ltd - ToothFairy Pay Day Loan

Client Ref:

 

Date: 14/09/2011

 

Dear ,

 

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 868) including any fees we incur collecting this 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 560

Missed Payment Fee 1 (day 29) GBP 10

Missed Payment Fee 2 (day 43) GBP 10

NDR Accept Case File GBP 200

Solicitors - Instructed GBP 150

Missed Payment Fee 3 (day 56) GBP 10

 

Repayments todate GBP 72

Total GBP 868

 

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:

 

http://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 (447960099407) as a reference

 

This debt will not go away and should not be ignored

 

You can contact us on 08433811111 to discuss your outstandig debt.

 

Yours Faithfully

 

 

Anti - Fraud

Marshall Hoares Bailiffs