Old Debt? Mackenzie Hall

alhggyb

Then isn't it the fault of Equifax to let MH have access to your information if the rules are supposed to be strict? I think it might be worth while for me to look into whether or not MH have the right credentials to be able to access personal information on a CRA, and find out if Equifax are actually enforcing the rules properly.

alhggyb

Oops! Thanks Fermi. Didn't see your post. Will read your link.

alhggyb

Had a quick look at the pdf file Fermi and popped onto the ICO website as well.

One of the things it stated on the website about the legal obligations of a company that holds personal data (such as a Credit Reference Agency) was this:

"If I'm asked to pass on personal information, would the people about whom I hold information expect me to do this?"

The answer is yes, to people that I have requested that you may give the information to through an application for a loan/mortgage/credit card etc. NOT some scumbag who's paid you money to get hold of my out of date debt details!!

Methinks I need to get in contact with Equifax and ask them to stop giving my personal details to MH.

bigd0205

i think people get a bit confused about mac hall/j2

mac hall are the recovery company, J2 are the tracing company used to track people down although both companies along with Meritforce(door step collectors not bailiffs) are all owned by Paul Mackenzie. In most circumstances Mac hall are contracted as a third party to recover the debts by the likes of Lowell, Cabot, Black Horse.

I Have had Previous dealings with them and this is what i found out on me looking into them a bit more. Unfortunatly i had to deal with them re a black horse account so it was a recent account and was able to get a settlement which i thought was a fair offer given the mess Black horse had made re the account.

so i just thought id post this as a fyi given the confusion on the previous page.


:hello:

debt_management

It maybe interesting to note that if MH commence proceedings against anyone who resides in England & Wales (as opposed to Scotland where MH are) they should do it under the jurisdiction of the cours in England & Wales. If anyone is filing a defence they should request that it is transferred to their local County Court and therefore MH representatives will have to attend there. In addition if the debt is under £5,000 it is unlikely they will get any costs! Basically, play them at their own game...be very legalistic because they get caught out here and dont follow the rules.

rog2

debt_management wrote: »

It maybe interesting to note that if MH commence proceedings against anyone who resides in England & Wales (as opposed to Scotland where MH are) they should do it under the jurisdiction of the cours in England & Wales. If anyone is filing a defence they should request that it is transferred to their local County Court and therefore MH representatives will have to attend there.

MH tend to use the Northampton 'Bulk Handling' County Court. However, even this Court must still issue a summons, which includes a section where the defendant may enter a 'defence' or dispute all or part of the claim.
Once a 'defence' is submitted, the claim will be moved to your local court.

stevey2k

Hi people i have had a letter off this compnay back in feb 08 and called them it is a debt i had with barclays way back in 1999 and i had been making payments to a company called cabot but in march 2007 i moved and forgot about the debt this company has called me in feb askin me to pay in full but seen as they called me at the end off the month i had no money and told them i could pay this off in full on the 7th march.They just told me that was to late and the cut off date will have passed. So i asked to speak to her supervisor i explaind to the guy that i did not get paid and he understood and said someone will call me around the 7th .
Today i got a call from a snotty nosed muppet saying that i had not paid the debt on the 7th and she wanted to know who i banked with what savings i had how much rent i pay so on and so on. What i want to know is what can they do now as this debt is old and yes i do owe the money but i dont wanna pay them £600 but i think because i paid my last payment in march 2007 did this mean the debt is not barred???

help please!!!!

alhggyb

stevey2k. The debt you have is NOT statute barred. It only becomes barred when there has been no payment and/or no correspondance with the creditor for 6 years. After this time the debt should be removed from any credit reference agencies records.

Hopefully someone can give you some advice as to what you should do in the situation you are in, as my own experiance doesn't apply in your case.

debt_management

Hi Steve

Well you have some options

1) Ask them for a full list of all the payments and a copy of the agreement. You should make written only communication but keep it simple and polite. You can then see if three has been a lapse of 6 years ( which I dubt from what you have written). But you will aso be able to see what add on charges they have loaded to your account.
2) You may be able to negotiate a one off full and final settlement .. but I suggest you may well need advice her and I dont recommend that you do it yourself. It is never too late to negotiate a settlement.
3) Don't provide them with any further information than they already have unless they are prepared to do a settlement. They are not entitled to know - only the court can request this. Do you know if, and when Barclays debt was registered at the credit reference agency and if it is still on record?
4) As a gneeral piece of advice, always put things in writing because sometimes make mistakes or are rude in correspondence and this weakens their case.
Good luck and feel free to ask for any advice.

stressed12

Help please,

My wife got a letter from these guys, it turned out to be debt from a credit card she stopped paying in 2001. They quoted to us thatthe debt had defaulted in 2003 and was a vastly increased sum to what the credit card balance was.
I have sent off to the letter today, and they have phoned me just half an hour ago, where i told them there had been no acknowledgment of the debt since 2001, but they insisted that it was the default date they were working off. They also went on to say they did not need to provide us with written proof of the debt, and that legal proceedings would start tomorrow.
Please can someone put my mind at rest that i have done the right thing, as my wife is scared beyond belief.