Marshall Hoares Bailiffs

michael1983l

To cut a very long story short, took out a payday loan in June 2011 of which I couldn't pay back, the merits of that are not in question. I know it was stupid and I am currently in the process of starting an IVA to get in control of my finances again, no lectures needed on that respect please.

Anyway since taking out the loan they have bombarded me with daily calls and texts, been threatening and agressive and refuse to come to an arrangement in writing or even via e-mail to e-mail communication. they will only make arrangements via telephone of which I am not willing to do or via their online submission form of which won't accept commas or allows me to keep proof of delivery.

Anyway around November they started calling my work number, which is comunal. They now call on a daily basis and send text messages occasionally. They have divuldged who they are to work collegues and have stated in the past they are looking for me in relation to a fraud matter. They send text messages to the work phone stating "Michael you owe £xxxx.xx, you committed to pay, please call Marshall Hoares Bayliffs on 0843 381 1111" So of course all of my collegues know I am in debt problems and it is very degrading and embarrasing.

I have repeatedly asked them to communicate only in writing of which they send a refuse and ask me to call their number to discuss this matter. I have directly asked them to stop calling my work number on numerous times as it is distressing and harrasing, they refuse and state they will continue to keep calling on a daily basis. I have called the police, they won't help. I have been in contact with the OFT but didn't seem to be getting anywhere. I yesterday raised a complaint with the Information Commisioners Office and today raised a complaint with the OFT again.

I am sick of this, I am ill through stress and have stated this to them, they continue to bombard me. As none of the organisations I have approached seem able to stop this happening. Can I take them to the Small claims Court and request damages for their breach of the data protection act in divuldging my details to work collegues (they have sent me emails of which give proof of this) and also do I have grounds to bring criminal proceedings against the company due to their clear harrasment.

Please anybody that has constructive advice, it will be very welcome.

Tixy

When you say you have repeatedly asked them to communicate only in writing have you done this by letter? and asked them to delete your numbers from their database in accordance with the data protection act?

If you haven't then I would try that citing section 10 of the DPA (as per the lowest template on this post http://forums.moneysavingexpert.com/showpost.php?p=11571485&postcount=4)

I hope the ICO can help.

Are you making any payments to them at the moment? even token payments? if you are not then maybe if you start to send at least token payments they will back off a bit?

I'm not sure you can take them to court regarding breach of the DPA - I think you would be told to follow the formal ICO procedure fore reporting the breach etc first.

michael1983l

Thanks for that, I have repeatedly sent them the letter stating to communicate only in writing. I was not aware that I could have my details removed off their system so I may try that also. I am not willing to pay them a penny until they are willing to send to me in writing an acceptable payment plan, at the moment an initial £350 loan is standing at £1800 and there is no way I can pay them until they a) accept that I can only pay them what I can afford to and b) they set out a clear final payment notice and c) put this in writing.

As this is getting pretty critical for me now, I took advantage of my works legal department and they have stated categorically that they are in violation of the Data Protection act and are likely to be fined and have to award me compensation, also that they are in clear violation of the Administartion of Justice Act, Section 40 and this should be pursued with the OFT of which I have done, again they cannot see any other outcome except a hefty fine for the organisation.

Thanks for the help it is appreciated.

nomoneytoday

Did you give them your work number?

michael1983l

nomoneytoday wrote: »

Did you give them your work number?

You cannot take a payday loan without giving them the number. They state that they use it to verify your employment. that does not give them free license to call it on a daily basis and divuldge personal information to work collegues.

I could see where you were going with that so I have anticipated your next questions. Thanks for your helpful input.

CHR15

You need to relax a little, these companies know little will be done to them so they use it to their advantage.

A compplaint outside of Marshall Hoares will get nowhere unless the proper complaints channels have been followed.

Follow Tixi's advice above and follow it up with a complaint. After the 30 days are up raise it to a formal complaint, they then have 8 weeks to respond.

Only after you have done this will you get anywhere by complaining to regulating bodies.

Don't do anything via email, online forms or telephone, do it all in writing, posted recorded so you have a trail of evidence.

Don't rant and rave, just keep things logical and to the point. There is nothing to be gained from shouting about becoming ill etc... all it will do is fire them up as they know you are on the back foot.

Take control of it, get it all done in writing, follow the formal procedure and keep positive.


EDIT: I recognise your username. without going back over posts... have you been arguing with most of this board before about more than one PDL company in the past?

michael1983l

It is impossible to do this in writing because they will not provide an address to write to. Their registered office is somebodys garage and they do not respond, they also claim to be a paperless office and refuse to respond in writing.

I have looked at the links provided by Tixy and I had done this a long time ago but had forgotten.

Their breach of the Data Protection Act is their worst offence and I have been told that the ICO are legally obliged to follow this up and fine the company should I have the required evidence, of which I do.

michael1983l

michael1983l wrote: »

It is impossible to do this in writing because they will not provide an address to write to. Their registered office is somebodys garage and they do not respond, they also claim to be a paperless office and refuse to respond in writing.

I have looked at the links provided by Tixy and I had done this a long time ago but had forgotten.

Their breach of the Data Protection Act is their worst offence and I have been told that the ICO are legally obliged to follow this up and fine the company should I have the required evidence, of which I do.

For those of you that are interested, the consumer credit license holder for Toothfairy Finance/Speed Credit/Speedy Dosh/Northern Debt recovery/Marshall Hoares is currently being investigated by the OFT and what a nice fellow he is too

http://www.telegraph.co.uk/news/uknews/1385441/Pistol-waving-Rolls-driver-sent-to-jail.html

So anybody out there that has been harassed by these companies, had their data protection breached, had their wishes of forms of communication not adhered to or any other breach of their operating regulations then please do make a complaint to the OFT. www.oft.gov.uk


I have also made a complaint to the Financial Ombudsman service anf the Information commisioners Office. I understand that the company may well be on the wrong end of a very heft fine should the allogations be proven.

So the more that have had a bad experience with these, that complain the better. We may not be able to right your experience but you may be able to stop others in the future from meeting the same fate.

xbrit90x

Hi
I was wondering if I could get some help.
I took out a loan with toothfairy (my second), the first was no problem. This current loan I applied online for £200, they replied "your application needs review". My partner who was not with me at the time thought he was smart and texted them for £400 which i didnt need. I originally wanted £100 but the website said "we're sorry but we cannot supply loans of £100 today, please choose a different amount" hence the £200. I think thats just a tactic to get people to take more money as their £100 loans are never available. Anyway, Immediately after I checked my account and saw that there was £400 instead of £200 I returned the extra £200 meaning I had it for 0 days so there should be no interest incurred right? I had this £200 for 3 weeks and 3 days. I paid them for they 3 weeks and 3 days, however they are now emailing me that I owe an extra £86 because I am being charged as if I had used £400!! I explained, I did not ask for £400 since I did submit my application online for the £200 before my partner submitted another for £400. They sent me an email following mine saying "you signed an agreement for £400 and agreed to pay the interest incurred on the loan. I tried calling them today every option I chose I kept hearing the automated voice talking crap in my ears and then at the end they said thank you and hang up on me. In the email they sent today they said if I did not make the payment of £86 by 27/01/2012 they are going to send this debt to the debt collector and add £350... How obscene, I am not frightened by them but need advice on what to do please. I had had a loan from wonga in the past as if i paid off some of my balance then i get less interest charges so why are they trying to make me pay for £400 when I didnt even have £400 for 1 day as I returned £200 of it the same day, meaning no interest would be added (I also explained that).

Thanks in advance for your help

Tixy

xbrit90x

Interest is not calculated daily on most payday loans within the loan term. Its a fixed amount based on how much you borrow, paying back early does not reduce the cost.

Unless the toothfairy website says otherwise then it would be a fixed cost interest.

If you received £400 and didn't request it at that point you should have contacted them to say you didn't request this loan.

xbrit90x

Hi,
Thanks for your response, on an email they sent they said that they do calculate interest at a daily rate and it is £9 per week per £100. I did not contact them straight away because I thought by just returning the money straight away would solve that matter. Any advice on what to do? Im a student and mother of two toddlers, I took what I could afford to pay back, I knew I couldnt afford £400 so I didnt even hesitate to return it.