Help! Marshall Hoares...

[Helpmiffedoff]

Hi,


I'm very sorry if I'm not posting this in the right place but I'm in desperate need Of some help please? I posted this on another forum and the very helpful people on there have advised me that someone on here may be able to help. Any help would be much appreciated.


Back in 2011 my husband took out a payday loan with Toothfairy Finance, paid some but not all back so we ended up with what we thought was a bailiff turn up at our door! We agreed with him to pay the debt off over a couple of months. We paid when we were supposed to, cash as he'd turn up at our door the same day my husband got paid. He was always nice, said he used to be in the army himself (my husband is a serving soldier) and said he'd help us get it sorted. My husband had a certain amount of trust with the guy seeing as he once used to be a soldier too. Anyway we paid the last payment off January 2012 and he gave us a piece of paper confirming that the debt had been cleared, for the life off I can not find that piece of paper now though). I have just been sorting through my husbands emails as he's been away on tour of duty so there's lots to sort out & I've noticed that Marshall Hoares have been emailing him telling him that they are owed over £4000 and all the late payment charges he's incurred! Alarm bells are ringing as the guy we gave money to- Mr Paul Walker obviously hasn't told them we have paid it off and I can't find the piece of paper that says it's paid! I'm really not sure what to do, all I remember is Mr Walker telling us to ignore all further correspondence from them and that there was nothing else that needed to be done! I know if I contact them then it'll get worse & they'll harass us even more! I'm 39 weeks pregnant so really don't need the stress right now but it needs sorting as we're not paying them anymore money when we cleared it! They don't have our new address (Mr Walker also told us not to give them it) but they have said they will be doing door atop visits, looking back they've said the same thing on emails for months!!!


Has anyone else had anything similar happen or know possibly what I could do to get rid of them? I no longer have Mr Walkers contact details!

this is a copy of the latest email received:

______________________________________


BY LETTER AND EMAIL


Online payment ID: ******
Outstanding amount: ****


Letter of Instruction & Notice Reminder


Reference: BAILIFF/INTR/****
Client: ToothFairy Finance Ltd - ToothFairy Pay Day Loan
Client Ref: 9****


Date: 01/10/2013


Dear ************,


We are writing to give you formal notice that ToothFairy Finance Ltd - ToothFairy Pay Day Loan legally engaged Marshall Hoares Bailiffs to recover the above debt.


YOU WILL HAVE OR WILL SHORTLY RECEIVE A HOME VISIT


We will pursue you fully for all outstanding sums (GBP ****) including any fees we incur collecting this debt as per the terms and conditions of the contract you signed. Payment in full must be received within 4 days. DO NOT IGNORE OR THIS WILL COST YOU MORE


Debt GBP ****
GBP 27
GBP 27
GBP 27
GBP 27
GBP 27
GBP 27
GBP 27
GBP 27
GBP 27
GBP 27
GBP 27


Repayments todate GBP ****
Total GBP ****


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 Action legal action may be started in the County Court (or Sheriff Court if you are in Scotland) 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 or its Scottish equivalent will be applied if we successfully obtain a County Court Judgment or Scottish Decree 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 count er at the bank or by electronic transfer to:


Barclays Bank
Account Number: 93462382
Sort Code: 20-50-94
Reference: Use your mobile number (**********) as a reference


This debt will not go away and should not be ignored


You can contact us on 08433811111 to discuss your outstanding debt.


Yours faithfully




Anti - Fraud
Marshall Hoares Bailiffs
Telephone: 0843 381 1111




The content of this email should not be considered as an acceptance of any offer unless we previously review and expressly approve in writing your terms and conditions relating to the subject matter of this email.


The information in this email is private and confidential. If you are not the intended recipient(s) or have otherwise received this email in error, please delete the email and inform the sender as soon as possible. This email may not be disclosed, used or copied b y anyone other than the intended recipient(s). Any opinions, statements or comments contained in this email are not necessarily those of Marshall Hoares Bailiffs Limited. If you wish clarification of any matter, please request confirmation in writing.


Marshall Hoares Bailiffs Limited is a company registered in England and Wales whose registered address is Marshall Hoares Bailiffs Limited, 15 Lyndhurst Terrace, London, NW3 5QA, United Kingdom. Company registration number 06871092. Marshall Hoares Bailiffs Limited is licensed by the Office of Fair Trading under Consumer Credit Licence number 631168.


We take precautions to minimise the risk of this email containing a software virus but you should use virus checking software.

[Never-In-Doubt]

Re: Help! Marshall Hoares...

Full history of this is here --> http://www.bailiffhelpforum.co.uk/vi...php?f=8&t=1098

I'll ask SnV to pop in as well as some solicitors....

niddy.

[Helpmiffedoff]

Re: Help! Marshall Hoares...

Thanks again Niddy

[SaltnVinegar]

Re: Help! Marshall Hoares...

Hi There

So this is a bit of a pickle - but not to worry I'm sure we will get this resolved asap.

So first thing we need is some simple information:

Date loan taken out:
Amount of original loan:
Date of default:
Amount outstanding (not what is in the emails you're being sent, but what was owing when 'Mr Walker' first turned up):
Amount paid to 'Mr Walker':

So lets help you understand things and the deceit that you may have been put through.

Your alleged debt is a civil matter, therefore to be enforced toothfairy finance would have had to have obtained a county court judgement against you. Do you recall ever receiving court papers?

If you had a CCJ then, and only then, may bailiffs be appointed. A doorstep collector is NOT a court appointed bailiff.

I have done a search of the bailiffs register and there is no 'Mr Walker' registered to Marshall Hoares. I have contacted the court bailiffs office to see if there are ANY registered bailiffs for this company.

But I doubt it - you see their registered offices are also the same address as that of Toothfairy finance. Bit of a coincidence?........

Toothfairy finance are also under the scrutiny of the OFT and have restrictions placed on their license. I have attached those restrictions. Any breach of these could land them with a £50k fine if found to be guilty. I would suggest right now that they are in breach of several.

There is also the issue of sending emails purporting to be court appointed bailiffs if they are not.

But we'll tackle all of these issues in time so lets get back to 'Mr Walker'.

Did you or your husband keep ANY record/receipts of payments to this individual. I noticed on the other site that you have a photograph of him and that he is the husband of someone you know?

You mentioned that your husband is in the forces. Are you in Army accommodation? If so would he have been recorded entering/leaving the base?

When you next speak to hubby will he know where the letter is that stated you have paid off the debt?

Sorry for all the questions, I know you're under a lot of pressure right now but I'm sure we can sort this out for you, just need a little more information.

Best
SnV

cim-requirements.pdf

[Never-In-Doubt]

Re: Help! Marshall Hoares...

Passed to Andrew (solicitor) to review.... Fingers crossed

[ATW]

Re: Help! Marshall Hoares...

Ww need to know the answers to what S&V has asked. I hadn't heard of Toothfairly loans but a quick search on Google doesnt provide for pleasant reading about them.

The most important thing though is that paper stating that you have paid the loan off in full. Turn your house upside down to find that as it may be key to a quick resoluton here.

[Never-In-Doubt]

Re: Help! Marshall Hoares...

Surely we need to establish who exactly took payments in the first place as they'll have evidence.

No firm in the world only has one copy of a document. There must be a written, internal, copy letter/note somewhere from the collection agent.

The bit of paper is quite irrelevant when the man that issues it can simply reissue it - or SAR (s.7 DPA) the bugger and get his notes/copy of evidence of repayment.

No?

[Amy]

Re: Help! Marshall Hoares...

Thank you everyone for helping this lady. I appreciate it.

x

[SaltnVinegar]

Re: Help! Marshall Hoares...

Surely we need to establish who exactly took payments in the first place as they'll have evidence.

No firm in the world only has one copy of a document. There must be a written, internal, copy letter/note somewhere from the collection agent.

The bit of paper is quite irrelevant when the man that issues it can simply reissue it - or SAR (s.7 DPA) the bugger and get his notes/copy of evidence of repayment.

No?

Agreed but unfortunately we're dealing with a firm here who routinely operate in a manner that could be considered unlawful.

My main concern at the moment is that the OP may have been dealing with an employee who has been operating on his own and taking money from them when he had no lawful right to, and who may not have reported the payments or the agreement made back to his employer.

I can't see any reason why he would have told the OP not to inform the original creditor of a change of address, unless his motives were suspect.

At the moment Toothfairy Finance and Marshall Hoares only have an email address, and they do not appear to be making any tracing effort so I'm just a little cautious about the OP giving Toothfairy Finance details of her new address in order to carry out a SAR. If we can get evidence of payments that the OP may have stored/filed somewhere without alerting this company to her whereabouts that would be great.

I'd like to get to the bottom of the identification of 'Mr Walker' and prove any payments that were made to him. It'd be good to understand what identification was provided by 'Mr Walker' as evidence he was an employee of Toothfairy Finance or Marshall Hoares and whether there are any records of payments (as payments were made in cash were receipts provided?).

Unfortunately as OP's husband is on tour some of this information may take some time to gather. I'm pretty confident we will resolve this one way or another. The fact that they are being deceptive in their communication by making out that they are bailiffs I'm sure would be enough to quash any court claim (and land them in a bit of trouble), not to mention the a balance of £4k for a debt that I'm confident was initially only a few hundred ££'s placing them in breach of the requirements imposed on their license by the OFT (exposing them to the possibility of a £50k fine).

Just need some more info from the OP

[SaltnVinegar]

Re: Help! Marshall Hoares...

Thank you everyone for helping this lady. I appreciate it.

x

You're welcome Amy - I hope that she comes back with the info we need to help.

[Never-In-Doubt]

Re: Help! Marshall Hoares...

Agreed but unfortunately we're dealing with a firm here who routinely operate in a manner that could be considered unlawful.

But we're in a privileged position in that we can go to the OFT direct so get evidence of the firm's malpractice and we'll let the OFT know.

That's a start in the right direction, surely?

[Never-In-Doubt]

Re: Help! Marshall Hoares...

p.s The OFT have already issued sanctions --> http://www.oft.gov.uk/shared_oft/pre...quirements.pdf

Main linky --> http://www.oft.gov.uk/news-and-updat...0#.Uk1ad9JwqSo

The OFT has imposed requirements on Tooth Fairy Finance which set out that it must not

• vary the repayment date or amount payable in respect of the loan, unless this is specifically agreed in advance with the debtor
• trade using names other than those permitted by its credit licence
• levy debt collection charges that are disproportionate to the amount owed.

The company must also appoint a suitably qualified person to advise on, and administer as necessary, legal and regulatory compliance.
Failure to comply with these requirements could lead to a fine of up to £50,000 per breach or to action by the OFT to revoke the company's credit licence.

They are owned by CIM Technologies Ltd - address

65 New Cavendish Street, London, WIG 7LS.

(Consumer Credit Licence Number 615666)

[MrsD]

Re: Help! Marshall Hoares...

"Mr Walker" must have got the details initially from Toothfairy, so at sometime must have been an employee/agent? So they must know who he is.......................

[SaltnVinegar]

Re: Help! Marshall Hoares...

But we're in a privileged position in that we can go to the OFT direct so get evidence of the firm's malpractice and we'll let the OFT know.

That's a start in the right direction, surely?

Absolutely. I'm hoping the OP comes back and is able to give us some of the information asked for and we can work with her to get the evidence the OFT will need.

[SaltnVinegar]

Re: Help! Marshall Hoares...

"Mr Walker" must have got the details initially from Toothfairy, so at sometime must have been an employee/agent? So they must know who he is.......................

Thats if 'Mr Walker' is his real name Mrs D. Even scumbag doorstep collectors (at least the 'reputable' ones) should carry identification cards with photo ID and a number that can be called to verify their identity with the firm that employs them.

There are unsubstantiated stories of this company putting pressure on employees to use relatives/boyfriends/husbands as doorstep collectors, I'm hoping this isn't the case that proves those stories correct.