Mackenzie Hall / CCJ

magpiecottage · 27 November 2009 at 3:07AM

I think it is time I made a contribution to this thread.

Under the Consumer Credit Act 2006, debt collection agencies have come under the jurisdiction on the Financial Ombudsman Service which has just published case studies involving them. You can see them here.

The particular one of interest to me was the sixth. There seems to be an error in it because it suggests that the complainant was acting reasonably in offering proof of her own identity when in fact the OFT Guidance specifically says that it is unfair to require it.

The point is that she ended up with £100 for distress and inconvenience.

So I am posting a template below for copying and pasting. You will need to put in the actual date where I have put square brackets and you will need to go to the OFT Guidance and copy and paste all the issues that the OFT says are unfair that they have actually done. Don't put any that they didn't do, though - you want to be seen to be acting reasonably and telling porkies won't help you.

They probably won't know the rules so I will tell you what they are so that you can tell them - I do like to be helpful.

[Your name and address]

[Debt collection agency's name]
[DCA's address]

Your ref [DCA's reference number]

[Date]

Dear Sirs

Complaint

I am writing in connection with your correspondence under the above reference and wish to complain that you have breached the following section of "Debt collection guidance - Final guidance on unfair business practices" published by the Office of Fair Trading:

Section [Number] - [what the section says]

[Add all relevant sections].

This has caused me considerable distress and I consider it appropriate that you compensate me for this.

In case you are unaware of the rules of that you are required to follow, I have been told that they are as follows:

On receipt of this complaint, which will be deemed to have occurred two working days after it was posted, you must promptly acknowledge it, in writing, and provide me with a written copy of your Complaints Procedure.

You must keep me updated with the progress of your investigation of my complaint.

Once the complaint has been investigated you must issue me with your final response, explaining your findings and including any proposal you may wish to make in order to put things right. Your final response must tell me if I may take my complaint to the Final Ombudsman Service and how long I have to do so. You must also provide me with a booklet published by the Financial Ombudsman Service, about how it works if you have not done so already.

If you are unable to provide me with a response within eight weeks, you will have to write to me to explain why, confirm that I can then ask the Financial Ombudsman Service to consider my complaint and provide me with a copy of its leaflet.

I look forward to hearing your proposals.

Yours faithfully

[Your name]

FinanceStarter · 12 December 2009 at 1:31AM

Hello everyone
Being a regular member of the site I had to write regarding Mackenzie Hall. I have recently started getting voicemail and text messages from these people, on one day they contacted me on my HOME, MOBILE AND PRIVATE number. From reading and looking on Google i understand these guys are debt collectors, a bad one at that!!! When I was made redundant a couple of years ago I used the settlement to pay off any debts that i held. I do owe a small amount on my catalogue at the moment but that will be dealt with shortly (and is not an old debt). It seems from other posts these guys deal with old debts so i am at a loss why they are contacting me.

I am choosing to ignore the text messages for the time being, as I find it unprofessional for a company to chase people in this manner What concerns me is how they obtained my private number as this number is not given to anyone except close friends and family.

Can anyone shed any light on this?

Thanks very much in advance.

rog2 · 13 December 2009 at 11:35AM

FinanceStarter wrote: »

It seems from other posts these guys deal with old debts so i am at a loss why they are contacting me.

Whilst old, or otherwise legally unenforceable, debts do, indeed, account for the majority of Mackenzie Hall's 'dealings', they do, occasionally, chase up current debts.
However, they are also known for scouring the credit reference agencies - looking for 'default' entries, in particular those that are just about to 'fall off' your record due to the six year 'Limitation Rule'. It could be that, although you have already paid off your debts, the original creditors have not amended your credit reference file.
I would advise you to continue to ignore any phone calls - tell them that, if they have anything to say to you, to put it in writing. Refuse to answer any 'security' questions 9these are a legal requirement in order that MH can be sure that they are talking to the correct 'debtor').
If the phone calls persist - which, with MH, they almost certainly will - then send them the Harassment by Telephone letter that you will find on post 4 of the following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

If MH really do have something to say to you they will, eventually, put it in writing.

FinanceStarter · 14 December 2009 at 4:34PM

Rog2 thank you so much for your helpful advice. The letter by fermi is excellent I must have missed it when looking through the threads on this lowlife company. Once again you are correct Rog, I have now received a letter from MH today.

Sadly (for me) It seems they are writing to me regarding the current catalogue debt I have, unfortunately due to health issues which have plagued me for over a year, I had taken my eye off the ball on this one but I do not excuse the fact that I owe this debt. (it is also typical as I was in the process of drafting a letter to the catalogue company to sort this out). I am currently sorting out my money management in general and have recently used the tools on this fantastic website and am working with my bank to get back on track with the small income I now have since losing my job.

The letter from MH states:

Despite repeated efforts to contact you, we still have not received a response. (note: they have left voicemail and text messages but they had not informed me who they were, why they are contacting or the person you they want)
Therefore we may have no option but to sanction a doorstep visit to your property by our field collectors Meritforce.

Alternatively we may advise our clients to issue a claim against you in your local court.

If judgement is granted the following may apply:
-[FONT=&quot] [/FONT]your debt being increased to include legal costs and interest
-[FONT=&quot] [/FONT]your name being entered in the public records of your local court

Non payment after judgement may result in the following
-[FONT=&quot] [/FONT]an application after judgement may result in the following
-[FONT=&quot] [/FONT]an application to the courts for a seizure of assets

To avoid any of this action, payment must be lodged at this office within the next 72 hours. If this is not possible please contact Neil Watson on xxx xxxxx immediately.

Important: if you are not the named person above please contact our alternative number 0800 012 6179 to stop any further communication.

Now that they have informed me the reason they are contacting me, I can provide further information:
1. Shop direct had passed my account to Lowell, informing me that future payments and communication must be made with them

2. I then received a letter from RED – informing me of prev correspondence (this is the first time I had heard from them???) informing me they will inform their client to make a claim in the county court to recover the debt.

3. Then received another letter from RED who offers me to make one payment (half my account) as full and final.

4. Then I receive the letter today from MH.

(by reading the previous threads it seems these companies are all within the same group of companies)

I apologise that my post is a bit long but I wanted to provide as much information as possible.

My question is that after reading about this company and the fact that they have obtained contact numbers that were not originally given to the catalogue company in the first place, is there any possibility that I can ask for shop direct (or lowell) to handle my account and future payments? As I am loathe to pay this company any money. (but do want to clear this matter up).

Am grateful if any advice on this situation. I will in the meantime read the information provided by the national debt line website.

Thank you very much

[FONT=&quot](now working on my finances to be debt free and staying that way) [/FONT]

rog2 · 15 December 2009 at 4:27PM

FinanceStarter wrote: »

Despite repeated efforts to contact you, we still have not received a response. (note: they have left voicemail and text messages but they had not informed me who they were, why they are contacting or the person you they want)
Therefore we may have no option but to sanction a doorstep visit to your property by our field collectors Meritforce.

There are a couple of points that you should note, FS:

Do NOT be worried by their threat to 'sanction' a doorstep visit'. Meritforce are part of MH and do attempt to collect debts by calling at debtors' homes. You should be aware that they have very few powers in law. Doorstep visits, other than an initial visit to establish if the person who lives at that address, can only be made by mutual agreement.
That said - IF Meritforce do turn up at your door, remember:
1. They will have no legal right of entry to your house.
2. They must not infer that they have any 'powers' of siezure of your goods.
3. You would be under no obligation to discuss your 'debt', or the repayment thereof, with them.

Please read the section on 'home visits' in the Office of Fair Trading Debt Collection Guidelines , which can be viewed, and downloaded, here:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Please record any infringement of these guidelines and report them to Trading Standards and the OFT.

Now, as far as RED are concerned - RED are part of the Lowell Group of Debt Collection Companies and, quite frankly, they rank on the same 'level' as MacKenzie Hall.

If they are chasing you for the same debt as their bedfellows (MH) then they are acting in direct contravention of the above OFT Guidelines, which clearly state that the OFT considers it unfair for a creditor to use more than one Debt Collection Agency to 'pursue' the same debt.

Personally, I would be inclined to question their 'authority' to collect this debt by requesting a copy of your original consumer credit agreement and any notice of assignment, without which they would, legally, be unable to enforce the agreement.

FinanceStarter · 16 December 2009 at 12:08AM

Thanks again Rog :beer:

I will locate the template letter and amend where necessary, I understand MH will have 12 working days to respond to this. Is that correct?

rog2 · 16 December 2009 at 11:02AM

FinanceStarter wrote: »

Thanks again Rog :beer:

I will locate the template letter and amend where necessary, I understand MH will have 12 working days to respond to this. Is that correct?

That is correct, FS, the link to the National Debtline factsheet on requesting a copy of your cca is:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

chrismarshman · 5 January 2010 at 1:50PM

I have just spoken with MacKenzie all regarding a dept of approx £700. They first of insisted that I had to pay the settlement figure now. I kept on at them and they have agreed a payment plan however I must make a £200 payment at the end of the month which I cannot afford in anyway what-so-ever to make as I have to find a new place to live and pay extra bills/rent due to my Girlfriend and I splitting up. Can anyone advise how I can get them to revisit this and agree a more reasonable figure?

Thanks
Chris

BASFORDLAD · 5 January 2010 at 1:54PM

chrismarshman wrote: »

I have just spoken with MacKenzie all regarding a dept of approx £700. They first of insisted that I had to pay the settlement figure now. I kept on at them and they have agreed a payment plan however I must make a £200 payment at the end of the month which I cannot afford in anyway what-so-ever to make as I have to find a new place to live and pay extra bills/rent due to my Girlfriend and I splitting up. Can anyone advise how I can get them to revisit this and agree a more reasonable figure?

Thanks
Chris

Right first of all...... Why are you speaking to such idiots on the phone. Everything should be done in writing with these muppets. Secondly you decide what you can afford to pay. Not them!. So dont pay them £200 if you dont wish to.

Also have you ensured they have the right to collect this debt and that the is a valid credit agreement (depending on type of debt)

beanie86 · 5 January 2010 at 5:33PM

Hi all!

I had an automated text sent to my landline number (which I don't give out to ANYONE!) yesterday afternoon asking me to contact 'amy' urgently on 01563 ...... quoting reference number ......'

A quick search of their number threw up all kinds of things, notably, this thread! As far as I am aware, I have no debts apart from a £45.00 catalogue which I only put on the account last week and intend to pay at the end of the month when the statement comes in!!!

My question is, after reading all of the (hundreds) of posts, obviously these people are trying the same thing on with me, but do I wait to see if the blithering idiots actually put something in writing to me first... or just go in hard with a letter from the templates on here???

Many Thanks, A rather bemused, B.

Mackenzie Hall / CCJ

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