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    • Which would require a hearing....so the fee would be £255.00
    • When providing a copy of an executed agreement in response to a request under section 78(1) of the Act:   a.     must a creditor provide a photocopy (or other form of complete copy) of the original agreement that was signed by the debtor or at least provide a copy which is derived directly from the original agreement or complete copy thereof? or b.     can a creditor provide a document which is a reconstitution of the original agreement which may be from sources other than the actual signed agreement itself?   It was held that a creditor can satisfy its duty under section 78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself.   The judge accepted that as a matter of law, section 78 does not itself require any particular explanation as to how the copy was made. However, as a matter of good practice and so as not to mislead the debtor, it is desirable that the creditor should explain that it is providing a reconstituted as opposed to a physical copy of the executed agreement. This will also explain why the copy might otherwise look a little odd. The creditor can also explain in the letter that this procedure is satisfactory under the Act. The judge also provided that the following information needs to be included in the reconstituted copy agreement (assuming of course that it was present in the original):   1.     Heading: Credit Agreement regulated by the Consumer Credit Act 1974 2.     Name and address of the debtor 3.     Name and address of the creditor 4.     Cancellation clause applicable to the executed agreement.   All of the above may be provided on a sheet which is separate from the full statement of terms and conditions which also forms part of the reconstituted agreement. The creditor may, however, decide to reconstitute the agreement in a different way so that, for example, the information above is populated electronically onto the same sheet as that which sets out the terms and conditions, or some of them. The judge stated that he did not intend to prescribe the precise form of the reconstituted agreement. The key point is what information it should contain, subject to the point that its format should not be such as to mislead the debtor as to what he agreed to.   The judge also considered whether a statement like the one appearing in the reconstructed application form in Carey referring to the agreement to the terms and conditions "attached" needs to be included in the reconstituted copy. Alternatively if the application form had said "I agree to the terms overleaf", should that statement be included. The judge held that this aspect of the form is not necessary for the purpose of the section 78 copy, although there is nothing to stop a bank from putting it in or indeed from furnishing a copy of the type of application form or signature page that the debtor would have signed, as some banks have done. The statement referring to terms and conditions is not itself prescribed information and the supply of the terms and conditions which were applicable at the time will tell the debtor what he needs to know in terms of the content of what he signed up to, including the presence (or otherwise) of the prescribed terms.   In practical terms what this is likely to mean is that if the creditor chooses to use as the section 78 copy the section 63 copy, which would have been provided to that particular debtor at the time following execution of the agreement, this will be sufficient provided that the information referred to above is supplied. This exercise is not a mere formality. The creditor will need to check carefully that the details of the debtor at the time are correct and that those are the particular terms (including prescribed terms) that he/she agreed to. This is to ensure that it is an honest and accurate copy.   Must a creditor provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 (Regulations) as to form, as at the date the agreement was made in order to comply with section 78?   A creditor need not, in complying with section 78, provide a document which would comply (if signed) with the requirements of the Regulations as to form, as at the date the agreement was made.   Must the copy provided under section 78 include the debtor's name and address as at the date when the agreement was made, and if so in what form? The section 78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself.     If an agreement has been varied by the creditor under a unilateral power of variation, is a copy of the executed agreement as varied, a sufficient copy for the purposes of section 78(1), or must the creditor provide a copy of the original agreement as well?   If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms.     As your agreement is post April 2007  Section 61(1)(a) and 127(3)   Consumer Credit Act 1974 would not apply.   Andy
    • well start a new thread for the court claim.   as for this one i'd await the letter of claim  
    • Useful information...   And....   https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55
    • nice and ofcourse totally unlawful.   £349.50 is the usual sum RLP try and fleece out of people under some silly civil threats none of goes to the store it all goes in RLP's pocket for their next staff holiday paid for by mugs that fall for their twaddle ignore!!
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Kay983

What idiots

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YOU WILL NOT SPEAK TO US. CALL 0843 381 0843 TODAY TO AVOID FURTHER COSTS / DOOR RECOVERY AGENTS / POTENTIAL COURT ACTION

 

Had this text from tff, thing is refused to contact them I tried sending them e-mails no reply, had no e-mails, only 1 letter, no phone calls only 3 text messages. Any ideas what I should do, I am starting a dmp I know there going to be funny about it but if they do not contact me properly what they expect me to do.

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http://www.northerndebtrecovery.com/about.html

 

commercial@northerndebtrecovery.com

 

From a DNS whois search

 

Domain name: NORTHERNDEBTRECOVERY.COM

 

 

Administrative Contact:

Marcon, Federico admin@costainservices.com

Aston House

Douglas, Isle of Mann IM1 4LS

GB

+44.7500112114 Fax: +44.7500112114

 

Domain name: COSTAINSERVICES.COM

 

Administrative Contact:

Biswas, Sub admin@costainservices.com

Aston House

Douglas, Isle of Mann IM1 4LS

GB

+44.7500112114 Fax: +44.7500112114

 

http://opencorporates.com/companies/im/121654C

 

Jurisdiction

Isle of Man

Registered Address

19 PEEL ROAD

DOUGLAS

IM1 4LS

Isle of Man

Previous Names

COSMIC PROPERTIES LIMITED

 

That really takes the **** - someone from Italy living offshore, sending threatening messages to British nationals, demanding that they send them money :-x

 

I'd just love to find their home telephone number, call them up at 6pm on a Sunday evening, call their bluff and tell them that I have hired a lawyer and they will have to communicate to the lawyer by post :)

Edited by ims21

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Ignore TFF. We know a fair bit of their inner workings and their management. However we cant go into it here for various reasons.

 

Suffice to say, ignore the text, and keep sending those emails and letters. Remember, no matter what they say or do, it is your legal right to have everything in written format, should you need it for a court case. If they refuse to cooperate or contact you, then dont pay them. Pay your other creditors but keep the money for TFF to one side. That way, if they eventually do act like a responsible lender, you have the money ready to pay them as a bulk payment.

 

One of TFF's tactics is to ignore any communication, so they think they have the right to add on bogus charges, when in reality it is their fault the debt isnt being paid.


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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Ignore TFF. We know a fair bit of their inner workings and their management. However we cant go into it here for various reasons.

 

Suffice to say, ignore the text, and keep sending those emails and letters. Remember, no matter what they say or do, it is your legal right to have everything in written format, should you need it for a court case. If they refuse to cooperate or contact you, then dont pay them. Pay your other creditors but keep the money for TFF to one side. That way, if they eventually do act like a responsible lender, you have the money ready to pay them as a bulk payment.

 

One of TFF's tactics is to ignore any communication, so they think they have the right to add on bogus charges, when in reality it is their fault the debt isnt being paid.

 

I like your point its written evidence from them I am not getting 3 text messages, one letter no phone calls and no e-mails

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I like your point its written evidence from them I am not getting 3 text messages, one letter no phone calls and no e-mails

 

As i said, this "business" is very well known for doing that. Have a read of the toothfairy/speedcredit forum and youll see what i mean.


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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Read through it plenty of times, I must admit I was stupid going for the pay day loans should have just learnt to budget, hopefully this dmp get me back on course save some up and get help paying tff off in one lump sum and others will follow after

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Make sure you are not using a Fee paying DMP. Its wasted money with them.


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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Not even a dmp can negotiate with TFF, just pay whatever you actually owe when you can in instalments that don't hurt you too much and just ignore their shouting, they are all bark and no bite, can't say much, but from the research I've done and forwarded to the relevant authorities but there are good reasons why they don't take people to Court.

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Plenty of newspapers out there with articles on this lot. I'm just amazed how they have been able to get away with so much over the past years.

Edited by MSAR

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We already know a fair bit about the manager behind these companies. However, its not worth putting things on here, as we know he reads this site and it could bring action against CAG.


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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My son ran into difficulties with these people. Last week I paid off his original loan of £400 plus a month's interest of £144 directly into their bank account (I refused to use the payment page on the Northern Debt Recovery website because it's not secure). At that point, his loan had gone up to £1400 but following much research on this company (they are all one and the same - ToothFairy, NDR and Marshall Hoare) decided only the original loan and month's interest would be repaid. Since I made the payment, my son has been receiving several daily texts from them, which he's ignoring. He got a call yesterday from someone at NDR and he told them he would not be paying the rest and said 'if you want it, take me to Court for it and then you can explain your ridiculous charges to a Judge'. The man said 'well, I must inform you right away that your debt is now £2380, which we require immediate payment of otherwise we will ask for an attachment of earnings from your employer and will obtain a CCJ from the Courts'. My son said to him 'bring it on mate, you do what you think you need to. Have a nice day'.

 

I know that he's feeling quite scared, but I've reassured him that as yet I don't think they have actually taken anyone to Court, that the OFT are involved and that they cannot contact his employers without his permission or a Court Order. These people are sharks, lower than low and I think for everyone out there dealing with these cretins the message is not to be scared as they are acting outside the boundaries of the law. My best advice would be to try and pay back the original loan amount, plus a month's interest based on their calculations (£9pw for every £100 owed) and just ignore them. It's nigh on impossible to contact them (funny that!), and it seems they only allow phone contact but that's hit and miss. Deep breaths!!

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Your son did the right thing. The person behind this company runs it purely on threats. Once he knows he is scaring peeople he goes full throttle. If you stick up for yourself, he backs right off.

 

Also, IF you or your son talks to them on the phone, please record the call, as if he says what you stated, it is a direct violation of their credit licence terms in multiple ways.

 

Please also get a full complaint into the OFT with as much info as possible. Also remind them that Toothfairy and speedcredit are now operating under NDR despite the two former companies losing their licence to 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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Your son did the right thing. The person behind this company runs it purely on threats. Once he knows he is scaring peeople he goes full throttle. If you stick up for yourself, he backs right off.

 

Also, IF you or your son talks to them on the phone, please record the call, as if he says what you stated, it is a direct violation of their credit licence terms in multiple ways.

 

Please also get a full complaint into the OFT with as much info as possible. Also remind them that Toothfairy and speedcredit are now operating under NDR despite the two former companies losing their licence to operate.

 

They did ask him at one point for my telephone number, but he refused to give it to them, and I didn't pay them from my bank account (I bank with Lloyds and they bank with Barclays, so I went into our Barclays branch and paid into their account with cash) as I read somewhere on another forum that someone had paid the debt for their friend using their card and then found money was disappearing from their account!!!!!! Wrong wrong wrong, and yes, that was reported to the OFT. My son has contacted the OFT to make a complaint and has told them that he has repaid the original loan plus a month's interest. Okay, Payday loans can get you into trouble quite quickly if they're not repaid within a specified time, but these people are nothing but predators and use bully boy tactics to cause distress to people who are already vulnerable. It's about time they were shut down!

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100% agree with you niknox. It's why we ask for all info here and for posters to make full complaints. Admins here also take some info and collate it into a report for the OFT. Even a prominent MP Stella Creasy is now involved. Although she wont help in individual cases, if its serious enough, she will inform journalists for national newspapers.


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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100% agree with you niknox. It's why we ask for all info here and for posters to make full complaints. Admins here also take some info and collate it into a report for the OFT. Even a prominent MP Stella Creasy is now involved. Although she wont help in individual cases, if its serious enough, she will inform journalists for national newspapers.

 

I will also make a full complaint to the OFT via email, and hopefully something will be done to stop these people/person from scaring the hell out of innocent people. How they sleep at night, I don't know.

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My son has received an email from Marshall Hoares this morning:-

 

Mr

[address1]

BY EMAIL

Online payment ID: 9896132

Outstanding amount: 2832

Call Request

Client: Speed Credit – Speed Credit Loan***

Client Ref:

Our Ref: 9896132

Date: [date]

Dear Mr

I am afraid we are unable to deal with your query by email / mail

Please call one of our operators on 08433811111 who will be happy to discuss the circumstances around this with you.

Yours faithfully

Ray Sanders

Door Collections

Marshall Hoares Bailiffs

Telephone: 0843 381 1111

 

I have told him to ignore it and not phone them, but is it actually legal to insist someone contacts them by phone and not via email/mail? Besides, the telephone number they've posted is the same one on the NDR emails, and when he did try it last week it just goes straight onto hold music and no-one answers!!!!

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Its just a standard junk letter they send out.

 

Ignore it until something of substance comes along.


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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Its just a standard junk letter they send out.

 

Ignore it until something of substance comes along.

 

I have told him to ignore it, and he is, and I've also told him that if they phone him he must refuse to communicate with them over the phone and to insist all communication is in writing/email as he has been advised by the CAB and OFT to keep a paper trail. But, you simply cannot contact them!! On their website they have a page where you can, supposedly, submit a question, but when you do it comes up with SQL syntax error, funnily enough the same error on the NDR website when trying to contact them too! So, you can't email them, write to them, submit questions via their website and when you phone them they don't answer!!!!!!

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See, thats their trick. They refuse any point of contact and even give out false information, purely you get you to call them so they can threaten you into paying. This alone is a breach of OFT guidance and must be reported.


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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My son ran into difficulties with these people. Last week I paid off his original loan of £400 plus a month's interest of £144 directly into their bank account (I refused to use the payment page on the Northern Debt Recovery website because it's not secure). At that point, his loan had gone up to £1400 but following much research on this company (they are all one and the same - ToothFairy, NDR and Marshall Hoare) decided only the original loan and month's interest would be repaid. Since I made the payment, my son has been receiving several daily texts from them, which he's ignoring. He got a call yesterday from someone at NDR and he told them he would not be paying the rest and said 'if you want it, take me to Court for it and then you can explain your ridiculous charges to a Judge'. The man said 'well, I must inform you right away that your debt is now £2380, which we require immediate payment of otherwise we will ask for an attachment of earnings from your employer and will obtain a CCJ from the Courts'. My son said to him 'bring it on mate, you do what you think you need to. Have a nice day'.

 

I know that he's feeling quite scared, but I've reassured him that as yet I don't think they have actually taken anyone to Court, that the OFT are involved and that they cannot contact his employers without his permission or a Court Order. These people are sharks, lower than low and I think for everyone out there dealing with these cretins the message is not to be scared as they are acting outside the boundaries of the law. My best advice would be to try and pay back the original loan amount, plus a month's interest based on their calculations (£9pw for every £100 owed) and just ignore them. It's nigh on impossible to contact them (funny that!), and it seems they only allow phone contact but that's hit and miss. Deep breaths!!

 

Did you pay them back in one go or just part payment because I am not sure what is best to do one lump sum or small part payments

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I wouldnt pay them ANYTHING until they get their act together and give you their bank details. Once you have them, set up a Standing Order. If they dont agree, they dont get paid, as they have been proven beyond any doubt that they will steal from the account if they have access.


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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