Marshall Hoares - Can they say this

billinghamfan

Hi

I'm having a major issue with Toothfairy/Speed Credit/NDR/Marshall etc.

Anyway I sent a standard recorded letter asking them to contact me via letter only as there phone calls are harrassment I then got the following reply.

Dear xxx
Thank you for your recent letter. MHB is fully compliant with all guidelines provided by the OFT.
We have sent you via post the information pack you required.
We shall continue to contact you via ALL communication channels until we have organised a repayment shedule.
Yours Faithfully
xxxxx
Door Collections
Marshall Hoares Bailiffs
Telephone: 0843 381 1111

Firstly they haven't sent my anything via letter.

Secondly can they still contact me via all communication channels?

All advice gratefully received.

Thanks

fermi

They are telling you fibs.

https://forums.moneysavingexpert.com/discussion/comment/47811903#Comment_47811903

Communication

3.2 It is unfair to communicate with debtors, or their representatives, in whatever form, in an unclear, inaccurate or misleading manner. 21

3.3 Examples of unfair or improper practices are as follows:

.....


k. ignoring or disregarding debtors' reasonable requests in respect of when, where and how to contact them

For example, shift workers may ask not to be telephoned during certain times of the day.

Also, some debtors may request contact by email rather than by telephone.

billinghamfan

So I can basically go back and quote the above and respectively ask them to contact me in writting only?

FireWyrm

Write back and quote what Fermi has told you. Then, at the end threaten a formal complaint to the OFT if they dont back off. Ignore all further telephone calls and anything other than a letter. Relax, it's standard tactics. They rely in the fact that most people are ignorant of their rights and are frightened of authority, it's called 'social compliance' in psychology and conmen use those same principles to extract money from the unwary.

billinghamfan

Oh I am ignoring everything from them as I am on a DMP but I was really annoyed when I received the email and wanted to check.

Can I request that they don't send me texts as well?

FireWyrm

Oh yes, that most definately doesnt count as 'written communication' and depending on how many you're getting on average, might qualify as harrassment. Dont be afraid to use that word in the letter you draft to them telling them to take a hike.

billinghamfan

One final thing NDR have sent me a couple of letters as have speed credit however they take an average of 8 days from the date of the letter to me receiving them.

As they aren't sent via royal mail there isn't a post mark on them so I can't prove when they are sent or when I recieve them can I do anything about that?

I just want to nail them on everything I can as the amount I owe now is 4 times what I borrowed.

HappyMJ

billinghamfan wrote: »

One final thing NDR have sent me a couple of letters as have speed credit however they take an average of 8 days from the date of the letter to me receiving them.

As they aren't sent via royal mail there isn't a post mark on them so I can't prove when they are sent or when I recieve them can I do anything about that?

I just want to nail them on everything I can as the amount I owe now is 4 times what I borrowed.

Not really. If they wanted to prove the date by using a proof of posting they would have that otherwise you can can say the day that it was received just by writing "Recieved 9th May" on the letter and that is your proof.

FireWyrm

Dear Scumbags

I am writing in response to your letter of <date> regarding the outstanding amount of <amount> which is currently owed to your organisation.

On the <date> I sent you a polite letter requesting that you continue our formal communication on this matter in writing. On <date>, I received a response from <name> in your office who erroneously suggested that your organisation could and would continue to harass me by whatever method you deem appropriate. I am therefore writing to correct your mis-understanding of the law. I draw your attention to <section> and <paragraph> of the OFT guidlines which state :

<quote the highlighted bits above>

Since your representative took it upon themselves to point out that your organisation is proud to adhere fully to the guidlines laid down by the OFT, I can only assume that <name of twit> missed this particular clause during their training phase.

Therefore, i wish to re-iterate my request that your organisation cease immediately from all phonecalls, text messages, doorstep visits etc and that all further correspondance is in writing from this point forward. I am not prepared to continue to indulge your activities any further and should you find it impossible to adhere to the guidelines set down by the OFT, I am sure they would be most interested in my complaint to them.

I trust that we now understand each other.

Yours Sincerely
<you>


Note : Check my spelling, I'm tired....

billinghamfan

That is brilliant thank you so much shame I have to take the scumbag bit out!!!

billinghamfan

Okay I sent them the letter as above and they sent an email today threating home visits etc see below. I can't really moan about the email as I that's in writting (sort of) but I have now also received a text stating 'Home visit within 7 days. Speed Credit £xxxx file is now owned by MH Bailliffs. check email & call xxxxxx to settle your debt & avoid extra charges'.

Do I now report them to OFT??

'BY LETTER AND EMAIL

Online payment ID: xxxxxx
Outstanding amount: xxxx

Letter of Instruction & Notice Reminder

Reference: xxxxxx
Client: Speed Credit - Speed Credit Loan***
Client Ref: xxxxx

Date: 17/05/2012

Dear xxxxx,

We are writing to give you formal notice that Speed Credit - Speed Credit 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 xxxx) including any fees we incur collecting this debt. Payment in full mus t 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 xxx
Cash Transmission Fee GBP 5
Missed Payment Fee 1 (day 29) GBP 10
Missed Payment Fee 3 (day 57) GBP 10
NDR Accept Case File GBP 200
Missed Payment Fee 2 (day 43) GBP 10
Solicitors - Case Preparation GBP 150
Missed Payment Fee 4 (day 71) GBP 10
Missed Payment Fee 5 (day 43) GBP 10

Repayments todate GBP 10.2
Total GBP xxxx

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 proceedin gs 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 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 Speed Credit 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:
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 (xxxxxxxx) 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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Marshall Hoares Bailiffs Limited.
Registered Company No.: 6871092
Consumer Credit License: 631168

Also as a side note can they put these charges on?

Thanks all help very much appriciated.