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    • I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly. You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs. Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out. Fortunately you have had more than one opinion from independent garages and this will be very helpful to you. So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up. I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you. You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price. I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.  
    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
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collie12

toothfairy/ndr/marshall hoares bailiffs

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I am worried sick. i took out a loan from toothfairy in april. i wanted £100 as i have had them before and payed back in time. on the day, it said i had to choose a higher loan as £100 wasnt available. i got a £200 one and then something happened so i didnt repay. i have since had numerous calls/texts/emails every day form them, and NDR wanting money. the debt has risen to £715 and will rise again if i dont pay within 3 days. today i have had a text from marshall hoares bailiffs sayig they will be at my adress in 3 days and will take things to 9times the value of the loan. i have emailed them, told them on the phone and through the contact us on all 3 websites asking how to repay an affordable amount each month/fortnightly. i am on benefits and get £148 every 2 weeks. i am worried sick for me and my young daughter. i have been sitting with blinds shut and not making noise/not answering door if i am not expecting anyone. i really dunno what to do. they wont give me an answer to repay what i can afford. oh, forgot, i had a text yesterday saying i had agreed to pay today in full but i never did. because i got the text yesterday, i went online banking and switched the money i do have in (my rent) to my savings account so they couldnt take it. anyone have any advie?

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yet i still recieve daily emails from toothfairy saying i can now apply for a loan as i repaid the previous ones!

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Collie, firstly 'KEEP' that text saying they will collect your goods in 3 days.

 

Second, a real bailiff will only attend your property with a Court Order, for that to happen, they will have to take you to Court, Win in Court and for you not to pay what a Judge orders. As you are on benefits, thats about £3 a month.

 

They are trying to scare you and it looks like it's working. DO NOT speak to these on the phone and keep everything in writing. The most you owe is £200 PLUS 1 months interest whatever they tell you.

 

Don't be scared of these bullies, they can do nothing.

 

Jogs

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Looks like theyre doing a final last ditch attempt.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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yes its working, i have only used payday loans 3 times, i payed the first 2 and now this one. on monday it was 365 i owed and by yesterday it was 715 through costs. of what, i don't know. if they come to the door i really don't know what to do. my daughter is only 4 and don't want her seeing anything like that. i actually wish tey would take me to court so it could be over with. i have tried to repay what i can afford but they won't give me the option. but the text i recieved yesterday saying i agreed to repay today is a lie. how can they say that? i am so worried

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Dont be worried. They are bullying you into paying an amount you dont owe and at a rate you cant afford.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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so they cant make me pay? its not that i dont want to, its that they wont give me a payment plan. could they try take the money from my account? coz then i would be overdrawn and be taking on bank charges to

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Theres a lot of things they can try. But even if they took it to court, all you would have to do is show the judge full written evidence that youve tried to get a plan going but theyve refused completely.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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i dont have written evidence, i have tried sending emails and the contact us forms, also when they have rang upto 20 times a day. i now ignore the calls the from them. should i write a letter to them?

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the only reason why they keep calling is because you ignore the calls. Trust me answer every one of them and explain to them your situation and repeat it again and again, I'll put money on it that the calls will stop. Ignoring them gives them a reason to call again, a letter isn't going to help.

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just recieved a new email saying they have tried contacting me but i havent replied, i ignore the phone calls and when they have sent people to the door i have ignored it! i have answered some of the phone calls but got sick so ignored them, no-one has came to my door! it says next it will be going to court if i dont repay by 1pm next friday! they know i cant afford it, they know i am on benefits. what now?

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so i should answer the calls? i only stopped coz they were asking the same questions over and over and every time i told them i was on benefits and could only afford a small amount

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Make sure you record the calls. You are dealing with a company who has a very long history of bullying and intimidation.

 

Do NOT call them unless you can record the call as they will bully you into an agreement you wont be able to keep to or get you to agree to giving them more money in charges.

 

Phoning them up is one of the worst things you can possibly do with this company and honestly i have no idea.why jamie is advising you to do so, given this companies well publicised history of intimidation.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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i don't know how i could record the calls. i only have a basic mobile which cant really do much.

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BY LETTER AND EMAIL

Client: ToothFairy Finance Ltd - ToothFairy Pay Day Loan**

Date: 10/08/2012

Dear stephenson,

We are writing to give you formal notice that ToothFairy Finance Ltd 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 intend to pursue you fully for all outstanding sums including any fees we incur collecting this debt. Payment of 714 must be received in full no later than 13:00 SEVEN days from 10/08/2012

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 the 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. Th is will make it very difficult for you to get credit.

4. Credit reference Toothfairy Finance 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

 

Marshall Hoares

Bailiffs & Enforcement Agents

t: 0843 381 1111

this is latest email

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Get that to the oft in a full complaint. It breaks the oft guidelines on debt collectio in multiple ways.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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just had a thought, surely if it has been passed onto NDR and now marshall hoares, toothfairy shouldnt be texting me saying i have agreed with them to repay today? is that right?

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Collie, they have passed it to the table next door, I'll pop in later with some letters to send.

 

And I know its hard, but they really cannot do a thing. Have a cup of tea or something stronger and relax knowing you have now found CAG!

 

Jogs

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I've now read quite a bit about them and see how awful they are. when next Friday comes Will i get taken to court? is the worst that i pay back in installments? god, I've never been this worried and Will never get another pay day loan. doesn't matter how skint i am!

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No. Court is a very very long way off, if it even happens. If it ever does, simply post here and we can help you every step of the way.

 

You also dont need to worry. Calm down, take a deep breath and go grab a cup of tea. The PDL wants you to worry and stress so you break down and do whatever they say. Thats how they operate.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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ok, so had email today from Marshall hoares saying basically, the debt has now risen to 760 and more costs Will be added on 24th august. if i pay now they Will reduce it to 600! or i can pay 100 per month til i have payed 760 and no more money Will be added. what now?

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That means there is something very wrong with the debt. Either bad charges or an unenforceable debt. They know you are panicking and worrying and are using you as a cash cow. They offer "discounts" to make themselves look as if they are doing you a favour.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Have another cup of tea! :)

 

Oh and that advise just cost you £200. Will you be paying me the £200? Of course not and you won't be paying them £760 either.

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so do i reply to them? or ignore it? what if they try takin money from my account? can they do that? i don't wanna be overdrawn!

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