Email from NDR - they say they are passing to bailiffs now on toothfairy loan DMP request

[pheonix95]

Hi,

 

I've not posted here before, but been looking around. I'm on a DMP with CCCS (started on 1st December) and most of my creditors have now written to me saying that they have accepted my DMP.

 

This afternoon, though, I received the following email from a company called Narthern Debt Recovery with the subject line: "Repayment Offer UNACCEPTABLE: file passed to bailiffs":

 

Ref: ToothFairy Finance Ltd – ToothFairy Pay Day Loan / 2015849

Dear Mr Sims

This offer will not be acceptable.

Tomorrow this file will be passed to Marshall Hoares Bailiffs.

They will pursue this debt via your local County Court and once Judgment is obtained will look to obtain an attachment of your earnings and the ability to seize goods.

We would like to avoid this and recommend you reconsider your payment plan offer, however you only have until 10:00 tomorrow – call 0843 381 0843 to avoid further action.

We STRONGLY recommend you reconsider your position.

Yours sincerely,

DEBT MANAGER – Daliah Jones (79)

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.

Now what I really like is that this is the first and only contact of any sort I have recieved from anyone about the debt I have with toothfairy. I actually had to google NDR to find out who they were. No default notice or email saying 'debt being transferred to a DCA' or anything. Anyway...

 

Having had a scout around the forums I see that these are not the most reputable bunch of people, but I wondered if anyoen who has dealt with them might be able to advise me how to respond, and if they had a working email address to respond to, rather than the contact form on their website which just seems to send me automated responses?

 

I'm going to ring CCCS first thing and see what they say (I would really like to complain to the OfT, Trading Standards and anyone else), but I don't have the first idea how...

 

Thanks,

 

Mat

[dx100uk]

quite honestly i'd send that email to trading standards

 

they CANNOT send in the baillifs!!

 

it has to go to court FIRST

you have to get a CCJ

you have to FAIL to pay the CCJ.

 

 

sadly this a trick they are playing , as do Phillips Bailiffs.

 

they have two wings, one is a std DCA - WITH NO POWERS

the other - ARE court bailiffs

 

However, they use the same letterhead in an attempt to intimidate the borrower!!!

 

totally ignore them

 

they have no legal powers

 

but DO send that to TS

 

dx

[MARTIN3030]

Northern Debt Recovery Limited6956396 Public Notices:

 

StageDateDocument LinkEvent NumberNotes Requirements Imposed27/10/2010

[pheonix95]

Thanks dx for the swift reply

I have referred to trading standards (who said they will be investigating it as a case of criminal harrassment, what fun!), so let's see where we get with that. I'll post here I'm sure if there are any developments.

Mat

[MARTIN3030]

Good.

TFF also had requirements imposed by the OFT in 2010.

[pheonix95]

Indeed - just spoken to someone at the OfT who seemed quite enthusiastic about me sending them the details when I explained the situation. I have to say it's nice to feel that there are so many people 'on my side' for a change!

[MARTIN3030]

REQUIREMENTS IlVlPOSED BY THE OFFICE OF FAIR TRADING

[dx100uk]

Thanks dx for the swift reply

I have referred to trading standards (who said they will be investigating it as a case of criminal harrassment, what fun!), so let's see where we get with that. I'll post here I'm sure if there are any developments.

Mat

 

hey bet that made you smile!

 

dx

[sillygirl1]

Every complaint about these PDL companies is a step in the right direction, if you don't complain there will be another 'sub prime' (or should it be 'sub-crime') disaster for this already impoverished country.

[sillygirl1]

Just wondering if Daliah Jones is actually 79, if so she is of the same era as the elderly puppets on the Wonga advert....

[MARTIN3030]

My local MP has recently thrown his weight behind an epetition calling for greater regulation and new guidelines to be brought in to address the whole payday loan and doorstep fleecers.

I will be posting it up soon.

[sillygirl1]

Any news on the complaints yet?

[markyboy4466]

yes i ve got the lot, e mails too, all in the same vain as other posters, thanks for the assistance with repost etc

[pheonix95]

dx - yes. that did make me smile, cheered me up no end in fact!

 

CCCS had a postal address for them, so I've sent them a letter which I think makes the points I want to make about not threatening action they can't actually take and communicating with me only by post. Hopefully they'll send me another email and then I'll complain to the ICO about them not removing my email from their files - though to be honest I'm not holding my breath.

 

Basically the CCCS advice was to pretty much ignore them and keep making the DMP payments. The argument goes that the worst they can do is take me to court, and if they do that then the court will most likely just set payments at the amount I'm already paying theough the DMP. I actually think this would be better as a court judgement would mean they would have to stop hassling me!

 

I've also asked them to send me a statement detailing the balance they say I owe and interest and charges that have been applied. Thinking I might have a go at them for unreasonable charges too...

 

Mat

[sillygirl1]

You can't claim the fees back through the OFT but you MUST let them know the story, this is EXACTLY what they are looking at.

 

You have to claim the fees back via court from Toothfairy's main company, CIM Technologies, and name Toothfairy, NDR and Marshall Hoares as co defendants. It HAS been done with other companies. A good basic Particulars of Claim is needed however citing the issues. Before you do this however you need to do a 14 day letter of legal intent to them requesting back the overpaid amount. If you can PROVE that the amount was in the bank account on the day they were supposed to take it then they are well and truly stuffed.

 

You also should start a new thread.

[pheonix95]

sillygirl1 - Thanks for the advice, it really is appreciated, but one step at a time. It's not a case of reclaiming overpayments but rather disputing the actual balance that I owe, so I need that statement from them before I can move on that one. My main concern, and the reason I posted, was to get them to stop the threts and communicate through CCCS as they are supposed to.

Once that's sorted I'll probably start the new thread and look at disputing the balance in the new year. Plus if they do try to seek a CCJ then I can dispute the charges at that stage anyway, can't I?

Sorry if that sounds like I'm brushing you off - not what I intended - but I'm trying to make sense of all this just now and don't want to overload myself!

[daddyphilboy]

Hi, just wondered if you had an update on this yet? As I am in a similar situation thanks.

[pheonix95]

I do sort of have an update, yes.

 

Basically have reported them to OfT and Trading Standards. I have also, in writing, made an official complaint to them. Where I'm at right now is waiting for the 40 days from when I sent the complaint until I can complain to the Financial Services Ombudsman.

 

I'm happy to give you some more information about who I've spoken to and the letters/emails I've sent to them if you like? Are you in the same situation?

[sillygirl1]

Marshall Hoares Bailiffs are NOT court bailiffs in this case, they are common doorstep collectors and have no legal powers whatsoever.

 

If anyone turns up DO NOT SIGN ANYTHING, common ploy is to get you to sign to say you have refused to speak to them and you find they are 'lifting' the signature on another document (use your own pen for signing documents....)

 

You can tell them you are calling the police as they are trespassing and misusing their bailiff powers, if they are caught doing this they get to loose their licence.

 

A complaint to the OFT and Trading Standards is vital, they are investigating this lot and other companies, so if you don't complain you are wasting your time posting on this site.

 

http://www.consumerdirect.gov.uk for the Office of Fair Trading, remind them they have already sanctioned this lot

http://www.tradingstandards.gov.uk for Trading Standards

[daddyphilboy]

Hi phoenix yes I am and I want to report them for all of their threats and false information but am not sure how to go about it. If you could PM me a few details to get the ball rolling that would be great thanks. Also, I am receiving emails from paycheckcredit about the debt (this is who I had the loan from) and also same emails from TFF/NDR but when I try to reply to either it just comes back as unable to deliver and a message saying I may only contact them through the form on their website. This is not good as I wouldn't be able to keep proof of what I have sent to them. Clever on their part or so they think.

[sillygirl1]

Information isn't supposed to be sent PM for something like this.

 

Go to http://www.consumerdirect.gov.uk for the Office of Fair Trading and put your complaint in your own words with any emails you have received

http://www.tradingstandards.gov.uk for Trading Standards

 

Go to the websites and you should find the links to complain, or phone the complaint in.

[daddyphilboy]

Have just had another email stating that they are now going to apply for the CCJ and the warrant of excecution and that the bailiffs will be calling to seize my goos shortly. HOW DARE THAY????

[daddyphilboy]

OK sorry, I will go to there and hopefully something can be done about this I am so angry. Thanks.

[sillygirl1]

They CANNOT immediately send bailiffs round, you have a right to defend this CCJ, just because they issue the paperwork doesn't mean to say the judge will allow them to take what they want from you.

 

They are threatening things they cannot do

 

Get onto the OFT NOW instead of posting here, they are the people who can help and they can stop this little lot in their tracks.

 

If you do get court paperwork then acknowledge it online, defending part of the claim (the original loan) and I can give you a defence.... give them nightmares in return.

[daddyphilboy]

Well here is an update: What a joke!!!!

I actually managed to get the money together to pay these clowns off.

I was told on Wednesday just gone the total owing was £477

so I got their bank details off them and went into Barclay's and paid it.

I have the stamped receipt in front of me.

I rang them afterwards to say I had paid and they said OK thanks.

Now today I am bombarded by texts and emails very nasty ones demanding payment in full (which is now £531)

and totally dismissing that I have paid it off.

 

I rang again and they said oh it may show up our end in a few days!!!

WHAT???

I paid it into THEIR account so what are they talking about?

Any advice please?