Swift Sterling/speed credit threatening bailiffs Advice please!!!

[Sophia1205]

I guess thats what NDR have as as soon as I emailed asking for a repayment plan via their own website the following pinged back within 5 seconds, no way anyone could have read what I wrote:

 

Dear *****

 

Thank you for emailing us.

 

 

 

Payment Plans

 

It is always advisable to stay in contact with your creditors to avoid additional penalty charges.

 

Loans are meant to be repaid in full at the end of the initial loan term. This is made very clear in the terms and conditions you agreed to when you took out the loan.

 

We cannot accept a payment plan.

 

Please confirm when you will be making FULL PAYMENT to close your file.

 

Please note payment of GBP 571 needs to be made by 17.04.12 to stop this file being passed to third party Recovery Agents and further fees being added.

 

however......

you can rollover / extend your loan by just paying the interest on day 28 of your loan. You will receive an email explaining this when you are eligible

 

 

Yours sincerely,

 

 

COLLEC TIONS

NORTHERN DEBT RECOVERY

0843 381 0843

[renegadeimp]

Thats just an automated mail that pulls from your file and itself breaches OFT and FOS guidance regulations. Ignore it and include it in your OFT/FOS complaint.

 

Their terms and conditions cannot override OFT and FOS rules. Simple as that.

 

On a side note, let them threaten you with bailiffs all they want. Bailiffs have NO powers on common consumer debt. They try to say otherwise but they really dont.

[Sophia1205]

Can I just ask, what happens if they do take me to court? Do I have to actually attend a court?

 

I feel sick

[renegadeimp]

You dont have to attend, but if you dont put in a defense and dont attend, then they will win by default, which is what happens 98% of the time. If you contest the claim, then it is in your best interests to go to court and defend yourself. This is your chance to put forward any and all evidence to counter the claim. Most of the time, the DCA's try and settle out of court once they find out youve submitted a defense and plan to appear.

 

However if they do this, it is a very good idea to force them to appear in court so they have to explain themselves to a judge.

 

Theres no need to feel sick though. ALl the worrying is for nothing. You are falling directly into their trap. This is how they work. They bully/harass and do ANYTHING to get you to this state, so you end up paying to get rid of them. Pretty much everything they have said/done so far breaks the law, and thats why you need to get those complaints in to the OFT/FOS. Once theyre in, then they cant take you to court until you have had a final response from the FOS and OFT. No judge rule on the debt while an official investigation in progress.

 

As i said, there is is ZERO need to worry. If you are panicking and not following our advice, then, (no offense intended), theres little reason to be here on these forums. We are here to help those who dont know the legalities or their rights fight their case and accusers.

[Sophia1205]

*deep breath* o.k I understand and will chill out. I know what you mean - I can see how there ghastly tactics would work - but I have no spare money whatsoever to pay them off so they can stamp their feet as much as they like, I'll still have zip in the bank! There's a reason I have benefit help with rent!!

 

Thankyou renegadeimp and sillygirl - your advice is helping more then you can know - I hope I can come out of this the other end and offer advice to others xxxxx

[JohnBoy73]

*deep breath* o.k I understand and will chill out. I know what you mean - I can see how there ghastly tactics would work - but I have no spare money whatsoever to pay them off so they can stamp their feet as much as they like, I'll still have zip in the bank! There's a reason I have benefit help with rent!!

 

Thankyou renegadeimp and sillygirl - your advice is helping more then you can know - I hope I can come out of this the other end and offer advice to others xxxxx

 

Don't worry about these clowns.

 

I'll give you a demonstration of just how stupid they are. I was declared bankrupt in February (not soley because of them i hasten to add), however from November until February they sent EVERY day, at least 2 or 3 threat-texts and i have had around 40 letters, all showing differing amounts due, at different times. Recovery Agents have "been waiting" to be sent to all addresses on file since November. Basically they are completely toothless. The most ridiculous part of all, is that upon receiving the letter from my AIB, they have closed the account. How do i know this? Well, they are now sending me texts offering me Payday loans!!!! Utter buffoons.

 

Also, don't ask them if they'll accept an arrangement. TELL them what they'll accept. If they continue to send rejections and laughable threats, just keep everything and forward it to FoS etc.

 

Seriously, they're idiots. You're more likely to get a doorstep visit from Lord Lucan than you are from these people. RenegadeImp is 100% correct. These people prey on those who don't know their rights and just want to make it go away, even if that means coughing up £100's in made-up charges.

 

I'm fairly sure there are examples on the forums of members who have got repayment plans accepted once the DCA are aware that they know their rights and won't get anywhere with bully-boy p*sh.

[renegadeimp]

Also, don't ask them if they'll accept an arrangement. TELL them what they'll accept.

 

Some of the best advice there is. You tell them what you can afford, not the other way around. The ONLY person who can tell you what to pay is a judge.

[renegadeimp]

Seriously, they're idiots. You're more likely to get a doorstep visit from Lord Lucan than you are from these people. RenegadeImp is 100% correct. These people prey on those who don't know their rights and just want to make it go away, even if that means coughing up £100's in made-up charges.

 

I'm fairly sure there are examples on the forums of members who have got repayment plans accepted once the DCA are aware that they know their rights and won't get anywhere with bully-boy p*sh.

 

Exactly. I managed to get over £4000 written off when i was in debt,the majority of which were DCA charges gained over the course of roughly 3 years, simply because there was no realistic chance of me ever repaying in a realistic timeframe. Despite dozens of calls/letters every few days off random DCA's. The judge took one look at the amount, the breakdowns of each loan, and my income and pretty much got rid of it.

 

My total income per month was £850 monthly and my total debt repayments each month before i went to a court and got a judge to deal with it all was £730. After he got involved, went through my records and allocated each creditor a repayment plan, the total amount was £530. Thats a HUGE difference after trying to live on £120 a month for 4 years. It took around 3 and a half years to repay everyone and the DCA's hated it with a passion. But a court order is a court order

 

However some DCA's know that you are well aware of your rights and wont send you to court, but they will keep adding on charges etc. This is the kind of situation where you take them to court yourself and force them into a repayment plan, like i did. It doesnt cost much either and most people in debt can get help meeting costs.

 

 

Persistance is key. It also backs you up well, should you ever go before a judge.

Edited April 11, 2012 by renegadeimp

[Sophia1205]

Thankyou guys.

 

I got this text message today at 11.19am:

 

YOUR FILE IS WITH BAILIFFS. DOOR VISITS AND COURT ACTION IS IMMINENT. WE HAVE NOT OTHER OPTION AS YOU WILL NOT SPEAK TO US CALL *****

 

Total rubbish as they will not communicate with me!

 

Then at 12.02:

 

YOU COMMITTED TO A REPAYMENT PLAN TO SETTLE YOUR TOOTHFAIRY LOAN. A PAYMENT OF £96 IS DUE TOMORROW. FAILURE TO HONOUR THIS WILL LEAD TO EXTRA FEES.

 

?? Eh? I haven't 'committed' to anything! No replies from them whatsoever! Until... tonight I receive the following:

 

Thank you for your message.

You currently owe £571.

We are more than willing to come to a monthly repayment plan with you that will aid you in paying off your loan.

You will be incurring additional interest charges on the 17.04.12 making your total outstanding £595.

Your offer to pay £25 per month has been rejected. However any payments made will be added to your file but WILL NOT be known as a payment plan nor will we freeze any interest.

If you are unable to pay in a one off payment, the minimum we can accept is £100 per month starting from this month, we are prepared to FREEZE all interest and charges.

Please confirm that this is accepted by you, the dates that you will be making payment on and whether you wish for us to set this up to take payment automatically?

If you have any questions please don\'t hesitate to call us on 0843 381 0843

Yours sincerely,

COLLECTIONS (147)

NORTHERN DEBT RECOVERY

 

From a £100 loan. I agree these people are barmy! And don't seem to know what the left arm is doing from the right!

 

I'm keeping everything they send to add to my complaint to the OFT and FoS

 

Thanks for taking the time to reply, it keeps me sane! xxxxxx

[renegadeimp]

Want me to write up a letter? I find it hilarious that they say its with baliffs, since they are not allowed by law to do so until its gone through a court, theyve wont he case, the court has set a repayment, you defaulted on it, then its gone back to court and a order is made for a bailiff to attend.

 

They also cannot demand payment in that way and blackmail you with the threat of extra fees, especially since they are unfair and extortionate. Add the fact that they are lying.....

 

I love jokers like these. So easily played with.

 

If you want me to figure out a letter for you, im more than willing to.

 

 

edit: hahahha its the infamous NDR. You will have LOADS of fun with these morons, and not in a bad sense either.

[dx100uk]

just to confirm things

 

NO bailiff can ever be involved even if does go back to court on a failed ccj.

 

they eould have to change courts , pay a fee and get HCEO involved

 

that VERY VERY rarely happens on a civil debt.

 

HCEO would never go near a payday loan co.!!

 

dx

[renegadeimp]

ahh gotcha dx. I was thinking about the DCA's own pseudo-baliffs. Not actual court appointed ones.

[Sophia1205]

Thankyou Renegadeimp, yes please to a letter - I'm so bloomin cross with them but not very good at letter writing

 

I'm so grateful for the support I've received thusfar - its made me feel able to take the blighters on... and smile for the first time in ages, thankyou xxx

[dx100uk]

ahh gotcha dx. I was thinking about the DCA's own pseudo-baliffs. Not actual court appointed ones.

 

woh there trigger.......

 

even IF they have court paper work

 

NO DCA can EVER EVER come to your door and do ANYTHING - even WITH court paperwork.!!

they are not and NEVER EVER can ACT AS BAILIFFS!!

 

thats why we always say they have NO LEGAL POWERS..

 

you should NEVER use the bailiff word in realation to DCA's or their doorsteppers.

the milkman has more powers than them.

 

dx

[renegadeimp]

I know lol. Im just used to saying it thats all. i know that DCA's have no powers. Most people think DCA's/baliffs are the same. We know theyre not, but people still call them the same name anyway, despite them being different.

[JohnBoy73]

To the OP:

 

You can also expect similarly laughably worded letters from a company called "Marshall Hoares Bailiffs". This is of course complete nonsense, as MHB, NDR and Toothfairy and whichever other (of many) names they operate under are ALL based at the same address. Quite often you'll be left messages by the same person claiming to represent two, sometimes all three of these companies.

 

As other have said, this lot are absolutely toothless. You dictate to them, not them to you. They will bombard you with texts, voicemails from disinterested drones, and you'll get a plethora of letters, out of sequence all showing different amounts. Don't let ANY of it intimidate you. There are plenty of people on here to keep you right.

 

PS: There are quite a few threads on here about them. Stick either "NDR", "Marshall Hoares" or "Toothfairy" into the search facility and you will find plenty of posts from others in the same boat as you. Take heart from the fact that you'll struggle to see a post where someone's lost out to these morons in any way shape or form.

[sillygirl1]

Get your complaint in, it is a pity the OFT are so toothless, and the FOS are so slow.....

[renegadeimp]

When someone says the OFT is toothless, gardenboy1, they dont mean they arent worth their salt, they mean that they lack the willingness to actually do something. Instead they prefer talking first, which some times allows the PDL to shut down or transfer into another name/company.

[Sophia1205]

Well I've had a text everyday from them saying "in 4 days Bailiffs will contact you etc etc" then "in 3 days bailiffs will contact you etc" and so on...

 

I can't believe they can attempt to be so menacing! I have saved them all and will be letting OFT know.

 

Good news: Swift Sterling have agreed to my payment plan - out of the blue email after being silent for ages, odd.

 

Renegadeimp: Should I write to the Toothfairy bullies, if so what shall I say? (I know what I'd like to say )

[renegadeimp]

You should also get in touch with OFCOM too. With toothfairy you are dealing with a real l**n s***k. Their business ethics are corrupt and they will try anything they can to milk as much cash from you as possible. Did you send in the harassment letter and also the letter sayign you revoke all permission for them to visit you?

 

If so, keep a copy of that letter, just in case they call ( they wont). If they knock, keep the chain on the door, hand them the letter that says you revoke permission then shut the door. Should they put their foot in the door or try ANY method to get into your house, or they wont leave the property, simply call the police and say you fear for your life as someone is on your property, they wont leave and are trying to gain entry to your house. If they do come, be polite and calm at all times. If you let your temper get the better of you, then the DCA can easily say you were violent and abusive when the police come. Even if you werent.

 

You dont need to write another letter if youve already sent one. It is up to them to adhere to your legal wishes. If they dont, then they are in for a world of trouble.

[Sophia1205]

Which harrassment letter RI? Do I find it in the library? x x

[renegadeimp]

http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter and http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members

[Sophia1205]

Thankyou x x x

[Sophia1205]

Just about to switch off pc and this pings up on my email:

 

 

 

Debt Management

 

You have confirmed that you have instructed a debt management company / advisory body to act on your behalf.

 

IMPORTANT NOTICE: As per the Office of Fair Trading Guidelines on debt management:

 

1. We are not obliged to accept reduced repayments or to freeze interest as suggested by your debt management advisor.

2. Repaying the same debt over a longer period of time will lead to an increase in the total amount you have to pay.

3. We are obliged to deal with such third parties only to the extent that they propose a reasonable offer. In the event that this is not forthcoming or that they do not respond to us within a reasonable timeframe we are entitled to, and will return, to corresponding with you directly.

4. Todate we have not received any acceptable offers.

5 . Full interest and costs will continue to accumulate during the time they negotiate with us.

 

- Any cheques received from third party companies will be cashed and credited against your account but are NOT deemed acceptance of any repayment plan that we have not confirmed as suitable.

 

If you CALL US DIRECTLY to arrange settlement we may be able to REDUCE some of the fees charged. This will speed the process and reduce the extra interest that is continuing to be added to your debt whilst we deal with your debt management advisor. This is the quickest and cheapest way to resolve your debt.

 

You can contact us TODAY on 0843 381 0843 quoting reference ****** to confirm:

a) the very most you can pay; and

b) when this will be.

This is the most efficient way of ensuring your debt does not increase and is settled.

 

Please note:

- that any offer you make will need to clear the balance within 6 weeks.

- if the offer is s ensible, we may agree to freeze interest and charges at GBP 571 if you cooperate and stick to the repayments agreed.

 

We look forward to hearing from you so we can help you achieve a speedy and cost effective resolution to this matter.

 

 

Payment Plans

 

It is always advisable to stay in contact with your creditors to avoid additional penalty charges.

 

Loans are meant to be repaid in full at the end of the initial loan term. This is made very clear in the terms and conditions you agreed to when you took out the loan.

 

We cannot accept a payment plan.

 

Please confirm when you will be making FULL PAYMENT to close your file.

 

Please note payment of GBP 571 needs to be made by 17.04.12 to stop this file being passed to third party Recovery Agents and further fees being added.

 

however......

you can rollover / extend your loan by just paying the interest on day 28 of your loan. Y ou will receive an email explaining this when you are eligible

 

 

Yours sincerely,

 

 

COLLECTIONS

NORTHERN DEBT RECOVERY

0843 381 0843

 

 

I haven't 'confirmed I've instructed a debt management company / advisory body to act on my behalf' at all! Just making it up as they go along now

 

Ho-hum, not going to let them stress me anymore.

[Sophia1205]

Hi all

 

An update: as predicted I am now receiveing texts and this email from Marshall Hoares:

 

 

Dear ******

 

Client ref: *******

We are fully compliant with all necessary laws, legislation and the Office of Fair Trade (OFT) Guidelines.

Our company registration number is 06871092 and our Consumer Credit License Number is 631168 details of which can be verified on the Office of Fair Trade website.

According to our records you took out a 14 – 28 day SHORT TERM loan on 21.02.12 for £100.

You currently owe £605.

You agreed to repay your short term loan within 14 days. Payday loans can become expensive if you do not keep to the terms and conditions that you agreed to when you take out your loan.

Please note that as you borrowed £100, you are being charged £24 every 14 days. This is CLEARLY STATED in the terms and conditions YOU agreed to.

YOU agreed to the terms and conditions with your double digital signature by way of entering your email address in twice then clicking \'I accept and agree to the terms and conditions\'. The terms and conditions that you agreed to are legally binding under The Consumer Credit Act 1974.

Please remember that your original loan was for 14- 28 days ONLY.

You will be incurring additional interest charges on the 01.05.12 making your total outstanding £629.

If you would like to pay in monthly installments please call 0843 381 1111 and one of our agents would be happy help you.

Failure to make a payment will lead to ground recovery agents being dispatched to all addresses on file and if no agreement can be reached, proceedings will commence against you in your local county court.

Yours Faithfully

Rebecca Franks

Door Collections

Marshall Hoares Bailiffs

Telephone: 0843 381 1111

(129)

 

My move I guess, do I respond?

 

Thankyou xxx