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    • Well done topic title updated. Please consider making a donation if not already.   Andy
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website.  select respond to a claim and select the start AOS box..  then using the details required from the claimform . defend all leave jurisdiction unticked you might as well file our SB defence at the same time. 1 The Claimant's claim was issued on dd/mm/yyyy.  2.The date last payment made was the dd/mm/yyyy   3.The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.  4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.  5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.    
    • Thanks now refer back to my link first task is to acknowledge service of claim...all the instructions are provided in my link above and must be completed by Tues 25th June 16.00...also see instruction re sending a CCA and CPR request in the same link. 
    • Guys, i just got a reponse back from BP. Result.   Thank you, everyone, for your advice and help on this; case closed.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Toothfairy/Marshall Hoares/Nothern Debt Recovery Mess


4lter
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Hi guys, new here so will quickly tell you about my situation, last year I took out some PDLs and couldn't afford to pay them all back, including a £200 loan with Toothfairy. Iv had countless letters from TF, MH and NDR demanding over £1000! Iv offered to pay back the original loan amount with a couple of months interest but they are saying they can only reduce the fee a bit, they are still adding interest.

 

I got an email today from NDR I contacted toothfairy today and received an email from MH so they are clearly all the same company...

 

Here is part of the email I received today, any advice welcome!

 

You currently owe £1460.

 

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 took out your loan.

 

Please note that as you borrowed £200, you are being charged £36 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.

 

Here is a COMPLETE breakdown of your account to-date with ALL the dates and the amount of ALL charges:

 

26.08.11 Issue LOAN £200.00 –

 

27.08.11 Charge Interest-1 £36 –

 

10.09.11 Charge Interest-2 £36 –

 

23.09.11 Payment -£36

 

24.09.11 Charge Interest-3 £36 –

 

08.10.11 Charge Interest-4 £36 –

 

08.10.11 Charge Missed Payment Fee 2 (day 43) £10

 

08.10.11 Charge NDR Recovery Fee £350

 

22.10.11 Charge Interest-5 £36 –

 

05.11.11 Charge Interest-6 £36 –

 

19.11.11 Charge Interest-7 £36 –

 

03.12.11 Charge Interest-8 £36 –

 

17.12.11 Charge Interest-9 £36 –

 

31.12.11 Charge Interest-10 £36 –

 

14.01.12 Charge Interest-11 £36 –

 

28.01.12 Charge Interest-12 £36 –

 

11.02.12 Charge Interest-13 £36 –

 

25.02.12 Charge Interest-14 £36 –

 

10.03.12 Charge Interest-15 £36 –

 

24.03.12 Charge Interest-16 £36 –

 

07.04.12 Charge Interest-17 £36 –

 

21.04.12 Charge Interest-18 £36 –

 

05.05.12 Charge Interest-19 £36 –

 

19.05.12 Charge Interest-20 £36 –

 

02.06.12 Charge Interest-21 £36 –

 

16.06.12 Charge Interest-22 £36 –

 

30.06.12 Charge Interest-23 £36 –

 

14.07.12 Charge Interest-24 £36 –

 

28.07.12 Charge Interest-25 £36 –

 

11.08.12 Charge Interest-26 £36 –

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I wouldnt worry too much. They are breaking OFT guidelines all over the place with that letter, as well as possibly stepping into the world of fraud, blackmail and extortion.

  • Confused 1

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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Pay the loan plus original agreed interest. Then let them stamp their feet and try and justify the rest of the charges.

 

Regarding the interest they keep adding, it can be seen as unfair or even unlawful as it isnt contractual and they keep adding it, despite the fact that you clearly cant repay, you have tried to come to a repayment plan, but they are ignoring you, preferring instead to hike up the debt. Unjustly enriching themselves comes to mind here.

 

Are you making official complaints to all companies involved and to the regulators/trading standards? If not, why not? They are under deep investigation atm, and part of their company is about to lose their license. They are in the 28 day appeal stage to try and get it back.

 

http://citywire.co.uk/money/payday-lender-fined-over-half-a-million-pounds-for-fraud-weakness/a610404?ref=citywire-money-latest-news-listtbh

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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Hello,

 

I had a similar loan from this company as well, like you I offered a payment plan, like you they will not accept, and contine to send various template threats, all of which break nearly all OFT guidelines, of which three are quite serious:

 

· Levy charges that are disproportionateto the main debt and which do not reflect the actual, necessary cost ofrecovering a debt"

· "Pressure debtors who havedefaulted on an agreement to pay unreasonably large instalments when they areunable to do so"

· "Make misleading representationsas to the action it might take or might be taking to recover a debt"

The frustrating thing about this company is that by default they do not allow replies to most of the emails they send you, so it is harder to keep an accurate trail, but not impossible, try and keep a record..

What to do when you get an email is reply to their generic address, make sure you include the original mail they send you from their collections email address ie reply to: info@toothfairyfinance and make sure you copy in the OFT enquiries@oft.gsi.gov.uk

Toothfairy, Paycheck Credit, Marshall Hordes & NDR are all one and the same more or less.

Personally I would not pay anything until you have written agreement for a full and final statement, when you make this again copy in regulating bodies...

They would never dare actually take you to court but in the unlikey event they did at least you have all the correspondence of intent..

Try and not worry about this and take the threats with a pinch of salt.

Best regards,

Scott

PS: The same threats as you are getting:

Your outstanding balance is GBP 1061.

 

By failing to honour this agreement all charges will immediately become due. Recovery Agents will be sent to all addresses we have on file for you in order to obtain payment. Should this also prove unsuccessful we will be liaising with solicitors who will obtain a County Court Judgement against you. Once this is secured we will return with a Warrant of Execution from the County Court and certified Court Bailiffs to seize goods at 9 times the value of what you owe.

 

It is essential that you honour your commmitment .

 

You should pay GBP 810 by:

 

1. going online at http://www.northerndebtrecovery.com and clicking Pay Now;

 

OR

 

On 21.08.12 you will incur the following charges:

£350 recovery fee

£10 missed fee

1 interest charge of £54

which will make your outstanding balance £1475.

You must pay either

1 £1061 by 21.08.12,

OR

2) £1475 by 04.09.12.

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

Failure to make either payment will result in your file being passed to a third party bailiff company who will commence proceedings against you in your local county court.

Here is a COMPLETE breakdown of your account to-date with ALL the dates and the amount of ALL charges:

24.01.12 Issue Issue of Loan £300.00 –

25.01.12 Charge Cash Transmission Fee £5

25.01.12 Charge Interest-1 £54 –

08.02.12 Charge Interest-2 £54 –

22.02.12 Charge Interest-3 £54 –

07.03.12 Charge Interest-4 £54 –

21.03.12 Charge Interest-5 £54 –

04.04.12 Charge Interest-6 £54 –

18.04.12 Charge Interest-7 £54 –

02.05.12 Charge Interest-8 £54 –

16.05.12 Charge Interest-9 £54 –

30.05.12 Charge Interest-10 £54 –

13.06.12 Charge Interest-11 £54 –

27.06.12 Charge Interest-12 £54 –

11.07.12 Charge Interest-13 £54 –

25.07.12 Charge Interest-14 £54 –

08.08.12 Charge Interest-15 £54 –

Payments received to date

21.02.12 Payment PCRS-97087 -£54

Yours sincerely,

COLLECTIONS (182)

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.

 

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Hi there,

 

I was in a very similar situation with this company too. I took the loan of £200 in December, couldn't pay and they insisted the only thing i could do was pay over 12 months. £80pcm. That was £900!!!! My head was stuck in the sand and i was so stressed with debt i agreed. I paid 5 months and then asked for a reduction in payment. The guy on the phone told me at the beginning of the conversation he couldn't reduce the monthly payment. By the end of a 20 min conv, my payments had been reduced to £40.

 

Luckily, i had some help off a family member to pay the debt. When i was trying to negotiate a settlekment figure on the "outstanding balanace" of £560, i was told numerous times they couldn't settle for less. I spoke to another operator who gave me a settlement figure lower than this, then talking to her some more without persuation, she reduced it further and i paid them a settlement of £260. I ended up paying more than i had anticipated when takling the loan but i was just so pleased to have the amount they wanted cleared, and more so, them off my backs and out of my inbox!!

 

My advice, tell them you have no assets and that it is worth your while filing bankruptcy or applying for an IVA but that you would much prefer this not to happen. I found after months of trying to email, sending recorded deliveries, it go me nowhere so best to speak to someone. I know i was lucky enough to have some cash help and if you can afford to pay the loan plus the initlally agreed interst, i would try to negotiate as much as with them on the phone.

 

Also, definately get a complaint filed with the FOS. This company uses bullying tactics only and are very immoral.

I wish you all the luck and do hope you can negotiate with them.

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  • 4 weeks later...

Hi guys just an update, been contacting them on and off for the last month still getting bad emails from all their names... Heres one I woke up to this morning. They are demanding yet more money and they didn't even give a name on the letter.

 

VISIT Notice - Marshall Hoares Bailiffs

 

You have failed to make suitable repayment arrangements concerning the above arrears which remain outstanding.

 

Our recovery Agents will now visit your premises to arrange payment . This will involve a person visiting you to demand payment. Should the payment not be forthcoming, further visits will take place until we have payment in full. All visits may be chargeable.

 

You must make the IMMEDIATE FULL PAYMENT of all outstanding amounts (as shown above) to prevent this action from commencing or contact us to arrange a suitable repayment plan.

 

YOU HAVE 3 days FROM THE DATE STATED IN THIS NOTICE TO MAKE PAYMENT

NOTE: THIS IS YOUR FINAL CHANCE TO AVOID COURT ACTION. NO FURTHER WARNING WILL BE GIVEN

 

A fully prepared case will be sent to your local County Court for Judgment against you as well as agents instructed to your door. After a successful judgement we would seek a Warrant of Execution to seize goods and / or obtain an attachment of your earnings to have this debt deducted directly from your salary, this would require us to liase with your employer.

 

WE ADVISE YOU TO CONTACT US IMMEDIATELY on 08433811111

 

Yours Faithfully

 

 

 

Door Collections

Marshall Hoares Bailiffs

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Hi guys just an update, been contacting them on and off for the last month still getting bad emails from all their names... Heres one I woke up to this morning. They are demanding yet more money and they didn't even give a name on the letter.

 

VISIT Notice - Marshall Hoares Bailiffs

 

You have failed to make suitable repayment arrangements concerning the above arrears which remain outstanding.

 

Our recovery Agents will now visit your premises to arrange payment . This will involve a person visiting you to demand payment. Should the payment not be forthcoming, further visits will take place until we have payment in full. All visits may be chargeable.

 

You must make the IMMEDIATE FULL PAYMENT of all outstanding amounts (as shown above) to prevent this action from commencing or contact us to arrange a suitable repayment plan.

 

YOU HAVE 3 days FROM THE DATE STATED IN THIS NOTICE TO MAKE PAYMENT

NOTE: THIS IS YOUR FINAL CHANCE TO AVOID COURT ACTION. NO FURTHER WARNING WILL BE GIVEN

 

A fully prepared case will be sent to your local County Court for Judgment against you as well as agents instructed to your door. After a successful judgement we would seek a Warrant of Execution to seize goods and / or obtain an attachment of your earnings to have this debt deducted directly from your salary, this would require us to liase with your employer.

 

WE ADVISE YOU TO CONTACT US IMMEDIATELY on 08433811111

 

Yours Faithfully

 

 

 

Door Collections

Marshall Hoares Bailiffs

 

Its just the standard threat letter dont be worried, no one will.come and if they do tell.them.to do one, and those are also unfair.demands get it reported to the OFT

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Have a read of http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members

 

If they do come, and its unlikely they will, youll laugh a lot at how desperate they become when they find out you know your rights. These con artists could have travelled 50 miles+ on the promise of 20% commission, only to find out theyre not gettign a penny from you, and not even getting travelling expenses.

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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Thank you again imp, I will read that now. Just hope if they do come it's when I'm in and not when someone else is at home.

 

 

Edit: After reading that shall I write to them saying I don't want an appointment with them?

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Yep. Write and tell them that using the wording in that thread. If they come, then tell them to sod off or the police will be called. Remember, they have NO legal powers at all. Your milkman has more right to come to your home than these muppets do, no matter what crap they decide to spew.

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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  • 3 weeks later...

So I wrote to them telling them I didn't want a home visit with the wording I was told to use and I am still getting emails like the one below, so I'm going to FW to the right people and complain again, just really hoping they don't show up!

 

 

 

Client: ToothFairy Finance Ltd - ToothFairy Pay Day Loan

Client Ref:

 

Date: 27/09/2012

 

Dear Mr w,

 

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 1598) including any fees we incur collecti ng this debt. Payment in full must be received no later than 17:00 to avoid further door collection fees being added to your file. DO NOT IGNORE OR THIS WILL COST YOU MORE

 

Debt GBP 1244

Missed Payment Fee 5 (day 85) GBP 10

Missed Payment Fee 4 (day 71) GBP 10

Missed Payment Fee 3 (day 57) GBP 10

Solicitors - Case Preparation GBP 150

Missed Payment Fee 2 (day 43) GBP 10

NDR Accept Case File GBP 200

 

Repayments todate GBP 36

Total GBP 1598

 

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 c osts 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 (447766484988) 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

Telephone: 0843 381 1111

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As I was writing the above message I got an email from their other company...

 

This is a reminder that you committed to pay back your ToothFairy Pay Day Loan debt.

 

This debt is now very overdue. We have allowed you to extend the loan as a goodwill gesture.

 

As part of settling this debt you are committed to paying GBP 36 by 28.09.2012.

 

In accordance wih the Standard Terms and Conditions you agreed to, we will be automatically taking payment tomorrow as agreed. Please ensure the amount of GBP 36 is available by midnight tonight.

 

If there are insufficient funds in the account the payment might fail and all charges will IMMEDIATELY become due, ALL back dated interest, penalty fees will be charged.

Recovery Agents will be sent to all addresses we have on file for you in order to obtain payment. Should this also prove unsuccessful we will be liai sing with solicitors who will obtain a County Court Judgement against you. Once this is secured we will return with a Warrant of Execution from the County Court and certified Court Bailiffs to seize goods at 9 times the value of what you owe.

 

IT IS ESSENTIAL you HONOUR this agreement

 

If you have any questions regarding this, or willbe unable to pay contact customer services NOW.

 

Yours sincerely,

 

 

COLLECTIONS

NORTHERN DEBT RECOVERY

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YoU MUST get complaining. They are attempting to mislead you as to the status of the debt and who owns it. Plus more than one company chasing it is pretty serious.

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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  • 2 months later...

HELP someone just came to my door stating they are from Marshal Hoares I sent them away but said they could phone me later to set up a payment plan if they could get it to me in writing. He said if I don't pay they will only send the bailiffs eventually. This is a £200 debt I rolled over once £270 and paid the £36 extension. Now they are asking over 1700! I said I wrote to them saying they can only visit me with appointment and he said they would only send more then the bailiffs.

Edited by 4lter
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Hello,

I know it is not easy but please do not be intimidated:

If anyone else turnsup again state they are not welcome and that you will call the police.

Marshall Hoares are not bailiffs, they are a Debt CollectingAgency named as such to mislead, which is a breach in itself in OFT guidelines.

They have no power to send court appointed bailiffs, theyand their associated companies will not go near a court, as their standing isabout as low as possible, even within the pay day loan sector.

I stress you do not owe anyone 1700 pounds, stick to yourguns and offer then original loan, plus one months interest as full and finalsettlement, only deal with them in writing, do not be bullied into paying anymore...

Relax there is nothing they can do to you, it is not a crimeto be in debt, just unfortunate you owe the lowest of the low, even in thislurky market.

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How do I approach them and say look I only owe you original loan + 1 months interest? I can see them putting up a lot of resistance, do I contact the guy who came to my door who said he was working with Marshall Whores? Toothfairy or do I contact the other company harrasing me Northern?

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toothfairy were closed down by the office of fair trading, they changed their name to marshall hoars baliffs

 

marshall hoars have no baliffs, it is all mind games

 

Previous Names:

Date of change

Previous Name

20/08/2012

MARSHALL HOARES BALIFFS LTD

08/02/2011

TOOTHFAIRY FINANCE (CHEQUE CASHING ) LIMITED

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OMG! what a bunch of imcompetant IDIOTS!

 

Have you got any proof that MH came to visit you? And did he say he was from Marshall Hoares, or Marshall Hoares Bailiffs?!

 

Either way let the OFT and trading standards know that they turned up willy nilly and that you refused them permission to come - and you have proof that you told them they were not allowed to turn up?

:jaw::mad2::jaw:
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He gave me an unofficial looking letter that says marshall hoares bailiffs. I told him I wrote them to say I didn't want and appointment and he said it didn't matter. I have complained in the past and will complain about this visit BUT I still have to pay what I owe should I just do it or try and get them to agree to something in writing?

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It will be on hell of a fight, but stick to your guns and DO NOT BACK DOWN!

You owe the original loan amount, plus contractual interest - not a penny more! Offer them this 1st, then if they still want to play silly sausages, offer them £1pcm until the balence is paid off unless they accept your final offer of loan plus interest on whatever you can afford each month.

 

They will make u feel small and like you are in the wrong, but just ignore all their threats - they will not visit you again because they know they are naughty and playing with fire!

 

Bloody cheek them just turning up when you told them not to! Make sure u get a copy of that unoffical looking letter, plus your evidence of telling them to sod of into the OFT! These Idiots need to be closed down! Bloody PDL companies really are immoral!

:jaw::mad2::jaw:
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