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Old Debt? Mackenzie Hall

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  • fatbelly
    fatbelly Posts: 23,036 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    missesb wrote: »
    Do they have a regulatory body does anyone know? :mad:

    Credit Services Association, see my earlier post in this thread on 5/9/07
  • I have just received a letter from Mackenzie Hall today saying exactly the same thing, that I have to get in touch with them by ringing a number. I do know why they are trying to contact me, it is over a debt. I have done a credit check and my rating is good, and all monies to this company have been paid in full and satisfied. There was an old debt over 6 years ago, but apparently I have got advice, and they are not allowed to contact you as the debt is over 6 years old. I wouldn't worry about it. I would suggest that if you want to contact them, then write instead of phoning them, as it cost money to ring them, and also if you send them a letter, take a signed copy of it, and send it recorded delivery, then it's allot cheaper as well.

    Any more info on this company, would be great to hear from anyone.

    :j
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    allclean wrote: »
    There was an old debt over 6 years ago, but apparently I have got advice, and they are not allowed to contact you as the debt is over 6 years old.

    Hi allclean - This, unfortunately, is a slight misconception, and is how the scum at Mackenzie Hall justify (if that is the correct word) their miserable practices.
    As the law stands, they ARE unfortunately, still able to contact debtors and ask for payment against an 'alleged debt' irrespective of its age.
    It is only once you have informed them that you will no longer be paying the 'alleged debt' because it is statute barred (the only reason you need give) that they can, no longer, pursue, or attempt to pursue, this 'alleged debt' through the courts.
    The OFT Debt Collection Guidelines, to which these 'sewer-life' should adhere to (but which they totally disregard) states that, once you have informed a debt collector that you will not be paying a 'debt' because it is statute barred, then they should stop pursuing you for payment of that debt.

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


    Mackenzie Hall, and other members of this scavenging ilk, rely on the ignorance of the majority of debtors, in regard to the Limitations Act, and its effect on 'debts' to which the debtor has either made no payment, nor acknowledged in writing for a period of six years (five in Scotland).

    Mackenzie Hall are, quite simply, scum.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • Hi,
    I have sent the letter telling them that i do not acknowledge the debt etc in september.
    This morning i recieved a letter telling me i had a REDUCED SETTLEMENT OFFER.
    What is my best course of action from here do i send the letter again or ignore it????
    The original letter i sent them was from 17th September, my gut feel is that they are trying to say they have never had this letter.
    I notice someone has said about emailing them, i dont really want them having my email address but thought about getting a free other account what do you think?????
    Help anyone?????
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    Hi,
    I have sent the letter telling them that i do not acknowledge the debt etc in september.
    This morning i recieved a letter telling me i had a REDUCED SETTLEMENT OFFER.
    What is my best course of action from here do i send the letter again or ignore it????
    The original letter i sent them was from 17th September, my gut feel is that they are trying to say they have never had this letter.
    I notice someone has said about emailing them, i dont really want them having my email address but thought about getting a free other account what do you think?????
    Help anyone?????

    I would just ignore it, spottie. Mackenzie Hall obviously know that they can no longer pursue this 'alleged debt' and are simply 'trying it on'. The 'reduced settlement' offer is just one of their 'ploys' to try and make money out of you - another one that they are known to use is the 'whilst we accept that we may no longer pursue this debt through the courts, you have a moral (as if they'd even know what the word meant) obligation to pay'.
    Did you keep a copy of your original letter? Even better - did you send it by recorded delivery?
    If so, in the unlikely event that Mackenzie Hall were to attempt to take you to court, then all you would need to do is to show a copy of your letter as your defence, and Mackenzie Hall would be sent straight back to the cess-pit that is their rightful place of residence.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • Thanks for that advice Rog2

    I didnt send the letter via recorded delivery unfortunatly however i have kept the copy on my computer so if i need it i can produce it.

    Do you not think it is even worth sending them another letter then???? Basicly saying are you thick i have already sent you a letter about this etc etc.

    Would be intrested to hear about anyone elses experience after recieving a letter with a reduced rate????
  • RAS
    RAS Posts: 35,740 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Spottie

    Not had direct dealing with this mob, but the reduced payment offer is more or less industry standard, usually sent out a couple of days before the dealine expires in an attempt to get you to think you have a bargain.

    Certainly loads of folk have ignored this offer and the DCA have then crawled off into the corner and given up.
    If you've have not made a mistake, you've made nothing
  • Mackenzie Hall, Red and Lowell have been oursuing me for £2000. I stated this have never appeared on my credit file so i didn't believe an act of identity theft had taken place. I also challenged them to demonstrate this debt was not a scam by producing the appropiate evidence and attached the following statement

    "Extortion or outwrestling is a criminal offense, which occurs when a person either obtains money, property or services from another through coercion or intimidation or threatens one with physical or reputation harm unless they are paid money or property. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime groups. The actual obtainment of money or property is not required to commit the offense. Making a threat of violence or a lawsuit which refers to a requirement of a payment of money or property to halt future violence or lawsuit is sufficient to commit the offense. The four simple words "pay up or else" are sufficient to constitute the crime of extortion. An extortionate threat made to another in jest is still extortion."

    Mackenzie hall's reply

    "Thank you for your email. I can confirm that this account has been closed as referred back to our client (Lowell Portfolio Ltd). You shall receive no further contact from Mackenzie Hall. "

    Don't take their !!!!!!, if you pay, you are a mug!
  • Hi....I got a letter sent to my parent address from Mckenzie Hall saying I needed to call them etc etc. Rang them this morning and they said I owed them £40 from a mobile phone account I had in 2004. I asked them if they could send me a statement...they said no. So I said I would contact the phone company and get a statement from them...the guy said they wouldn't have this information anymore and that I had to pay the debt now! I said to him that I wasn't going to give my bank details to someone over the phone when I don't even know if they are a legitimate company and they can't provide me with any other information. He then said "Well this will be taken further then" and hung up!

    What should I do now?? The debt is only 3 years old so should I pay it?

    Any help would be grateful!
  • RAS
    RAS Posts: 35,740 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    pudge

    You need to send a CCA letter, demanding the consumer credit agreement, letter of assignment and the statement of account. Will locate and post it in a few minutes.

    here goes.

    Send it recorded delievery, so you can check when it was received with the £1 payment.

    They have 12 days +2 before they default and another 30 after that before you can tell them to bog off.

    Dear Sirs

    I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

    1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

    2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

    3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not.

    Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

    As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

    Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

    Finally, please be advised that any debt that is over six years old, with regard to which there has been no correspondence, is statute barred and can not be enforced.



    Yours sincerely



    Mr/Mrs/Miss X
    If you've have not made a mistake, you've made nothing
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