Marshall Bailliffs emptying my bank account for a toothfairy loan

[Mark2012]

Hi guys,

 

I hope someone can help me/offer me advice on this. Today after i tried to withdraw money from a cash point machine and i got rejected i called my bank to find out what was happening and i was shocked when they said to me that some company called London Trasure has made 5 transactions 4 for £48 pounds and one for £135. They also said that they attempted more transactions but was refused as i was already overdrawn. So not only they have taken any money i had in my bank account they took me overdrawn too,

 

At the same time i received an email from Marshall Bailliffs or whatever they are called saying thatnk you for making an agreement to repay tyour loan. It is imperative to honor this arrangement. When i made that arrangement and what ever the arrangement is i have no idea. Also i have absolutely no idea how Marshall Bailliffs got hold of my debit card details.

 

I wrote to them asking for an explanation on their email demanding to send me dettails of the arrangement to pay that they claim i made. At the same time i called my bank they cancel my debit card and they said i need to submit a claim to the dispute team but due to the number of transactions it will probably be handled by the fraud department, And then they will made a decision after speaking to the merchant whether the transation was vaid or not.

 

Anybody can help/advise how do i go from here? I don't even know how much money they are claiming i owe them (loan was for £400) but they do not say in their email how mach money i owe them or a breakdown, nothing.

 

Hi everyone, additional information. this morning i have receieved 5 emails from speedcredit as a receipt to the payments they made. I am getting really confused by this. One email from Marshall Bailliffs, then other from speedcredit anyway. On the bottom of the email it says:

This payment is in accordance with the Standard Terms & Conditions to which you agreed and has been automatically processed by the Toothfairy systems. If you chose to challenge this payment we will have no choice but to fast-track your file for a court judgement; including as part of the court bundle a full list of emails, SMS and phone records as evidence. We will also have to add relevant dispute, processing and legal fees to the sums claimed materially increasing the costs of this debt. It is important you recognise that this debt must be settled and the importance of this payment.

Edited June 22, 2012 by Mark2012
New Information

[26072004]

Toothfairy have passed your details over.

 

These are the same compaines who are probably using the same systems to collect your money.

 

1st you have to demand your bank do a chargeback, Marshall Hoares have no legal right to claim this money and Toothfairy can not pass bank card details to a 3rd Party. Do not take no for an answer from your bank they will try demand to speak to the manager etc..

 

These are illegal/fraudulant transactions as you have never given the card details to marshall Hoares.

 

2nd Step report to the OFT this lot must have used up all their nine lives by now.

[Mark2012]

Thank you very much for your answer. I am 100% certain that I have never given my debit card details not even to speedcredit and agreed they keep them on file. I had a different card on file with them but I used this card they have now taken money from to make a payment to them through their online payment form and is this card they now used. I never however agreed that they saved the details of my card and that they are allowed to take money from it. Also I received the following response from Marshall Bailliffs:

 

Thank you for your message.

According to our records you took out a 14 – 28 day SHORT TERM loan on 05.01.12 for £400.

You currently owe £1265.

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 £400, you are being charged £96 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 05.07.12.

If you are unable to pay in a one off payment, but you are willing to pay £150 per month starting from this month, we are prepared to FREEZE all interest and charges.

Please confirm 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 1111

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

[Mark2012]

Hi guys,

 

Hopefully somebody can help a bit further with this? I called my bank I was very honest with them explain the situation, even though they did say oh payday loan companies might do this etc they asked me if I contacted them. I said to them yes I did and I got a reply back saying if I call them they will explain. And I said to my bank I do not wish to speak to them on the phones there would be no record of the conversation. Anyway the bank said fine we will raise a dispute and say you are not sure about the transactions with this merchant and if they can prove to us that they were genuine transactions authorised by you we will give them the money. I said fine. by the way the transaction was toothfairy loans. Does this play any difference?

 

Today I got an email from speedcredit who were the people I took the loan with saying that I asked for chargeback on genuine transactions and if I don't call them to pay the money they will report me to the police for fraud. Any advice?

[renegadeimp]

Report them to the OFT immediately. WOnga were actioned for the same thing recently. You could also take legal advice about this, as they are demanding money with menaces.

 

Get that letter to the OFT.

 

I have flagged your post for site admins to look in and advise.

Edited July 2, 2012 by renegadeimp

[Mark2012]

Thanks, can they really go to the police?

[renegadeimp]

They could, but they would be laughed at hard. It seems to be the new thing with PDL's and DCA's lately to accuse people of fraud and to threaten to get police involved.

[Mark2012]

To anyone able to help this is the email I received from them:

 

A payment made on your file has been cancelled.

Your card issuer has indicated you have requested this.

 

1. If you do not contact us today we will pass this file together with evidence of your agreement to pay this amount to the Police.

2. As a direct result of your actions and your failure to honour your agreement we are now fast tracking your file to Bailiffs and your local County Court. This will incur additional charges.

 

Fraudulent activity on the account includes but is not limited to:

 

1. Using stolen cards to pay off loans

2. Using your own card and then cancelling the payment later.

3. Cancelling a payment taken in accordance with agreed payment plans and/or terms and conditions.

 

You should note that ANY such fraud will ALWAYS be pursued through the Cou rts together with all evidence including our IP tracking technology which traces the origin of the payment application to yourself.

 

If you do not contact us within 24 hours

- Recovery Agents will visit all addresses we have on file for you.

 

- Your case will be passed to the County Court and Bailiffs

- Your file will also be passed to the Police with a view to Criminal Prosecution.

This will add charges to your file and increase the cost of repaying the debt.

 

We expect to hear from you today.

 

Kind regards

 

 

 

Speed Credit - ANTI-FRAUD (146)

 

 

 

*

[renegadeimp]

Ignore it and send it to the OFT. Also, click the triangle button at the bottom left of your post and ask for site admin help. i think we need more knowledgeable advice on this, as they are calling you a fraudster now.

 

Remember wonga got actioned for the same thing recentley. This is one more thing that could cause this outfit to lose their credit license, as they very nearly lost it the last time they were investigated.

[Mark2012]

Thanks to report to OFT i need to go through consumer direct?

[renegadeimp]

EMail [email protected] with as much info as possible for the OFT. I would try trading standards as well.

 

Make sure you get this to the FOS as well. This could be the sort of thing that pushes the OFT to revoke their license.

[ims21]

Hi

 

Thread has been brought to the attention of the site team.

 

Consumer Direct no longer exist...you now lodge complaints with the OFT direct as renegadeimp says

[Mark2012]

Thanks site team and renegadeimp. Will send this tonight.

[renegadeimp]

Make sure to give as much info as you can. The OFT are currently investigating PDL's and also seem to be about to launch an investigation specifically against the companies you are having an issue with right now.

 

ALso make sure the information is specific. Dont go into "what if scenarios". Only deal with raw facts and absolutes.

[Mark2012]

Thank you, I will do.

[renegadeimp]

Almost forgot,http://www.consumeractiongroup.co.uk/forum/showthread.php?199842-OFT-Complaints-Form-Template might help you out a bit.

[Mark2012]

Hi guys,

 

I thought I give you an update on this and thanks again to everyone who has responded. I contacted speedcredit with an offer for repayment but heard nothing back.

 

I also made a complaint to the OFT and I received today a response with a complaint reference number thanking me for my complaint but they say they are unable to contact me to tell me what action has been taken due to law restrictions. Not that it matters as long as something happens I am sure I will find out somehow

[renegadeimp]

OFT are meant to be starting an investigation into TF and their other companies soon. As has already been mentioned, they very nearly lost their license last time. Unless they are very VERY lucky this time, its doubtful thell keep it.

[tomtom013]

They have been investigating this comany(ies) for a while, I made a witness statement over 6 months ago.

Make sure to give as much info as you can. The OFT are currently investigating PDL's and also seem to be about to launch an investigation specifically against the companies you are having an issue with right now.

 

ALso make sure the information is specific. Dont go into "what if scenarios". Only deal with raw facts and absolutes.