Old Debt? Mackenzie Hall

david1leigh

RAS wrote: »

Firstly, you need to see if the CCa does appear and the if what they sent is legitimate.

If it is then may the next thing to do is play hard-ball and eventually agree to a full and final offer at about 20 percent of the value outstanding. They may well bite but it is usually better to get someone else to negotiate these for you if possible.

Actually, i had a rather nice letter from them today. They are looking into finding and getting a copy of the CCA to me as soon as they can. In the meantime, they have suspended all payments and will not charge me interest or any late payment charges until i have received the requested documents.

RAS

Hmm.. Sounds hopeful. At least they understand the law round this, it seems.

david1leigh

Just hope that they cannot find the CCA

rog2

Sunny_Donny wrote: »

it doesn't really matter whether Cabot continue to 'request the information from the original creditor' or not. They (Cabot) have been unable to provide you with the cca within the legally prescribed timescale and can, no longer, pursue your OH for this 'debt'.

If they couldn't find the information within the timescale laid down by the Consumer Credit Act then isn't it void as detailed in Rog2's response to me ??

What it does mean is that Cabot must now apply to the Courts for permission to enforce an agreement that they did not provide you with a copy thereof within the legally prescribed period of 12 working days from receipt of your request. It is up to a Court to decide whether or not Cabot can now 'enforce' this agreement.

In the unlikely event that Cabot do decide to pursue your OH through the Courts, then he must fill in the 'defence' section of the summons, stating that he had requsted a cca, giving dates etc.. Cabot like to use the 'Fast Track' bulk handling court at Northampton, where uncontested claims tend to be 'rubberstamped'. They know that most 'debtors' are unlikely to contest, but, by submitting a 'defence' the claim will, undoubtedly, be moved to a normal County Court, usually your local court, where the claim will receive a proper 'hearing'. County Courts take a very dim view of creditors/dcas who have not respected the law, and are much less likely to grant Cabot permission to 'enforce the agreement'. There have been many cases, on this forum, where once a 'debtor' has entered a 'defence' and the case has been moved to a local county court, the claimants have either withdrawn their claim or simply don't turn up.

In my view, it is most definitely going to be in your OH's interest to take this case to the limit.

Sunny_Donny

Hi Rog 2

Many thanks for the response, you have helped so much - a big hug from me!!!

Do I reply to the letter or wait for the next one?

glitzy

Not sure what to do, im now on my 4th letter!!!!

1st letter - Lewis Debt recovery asking for £109.81 to pay Ace Cards dated 14/12/06

2nd letter - Howard Cohen threatening court action dated 21/12/06

3rd letter - Mackenzie Hall trying to contact me about personal matter dated 31/10/07

4th letter - Mackenzie Hall red letter notice, £109.81 for Express Gifts dated 2/10/08

I was unaware of any debt i had outstanding, have got an experian credit report but cannot find any debt. I might of bought something from ace cards not sure, wrapping paper etc but not £109.81 worth!!!!

I moved house before these letters were posted, so 2 were redirected & Mackenzie Hall got my new address from a credit reference agency.

I have changed my name as i got married, & all the letters are in my maiden name, im sure i sent a template letter out last year from martins site to Mackenzie Hall asking for more info, but they are saying i failed to respond. What letter do i send out now. Any advice would be grateful.

Sunny_Donny

would send template letter again to Mackenzie hall - print your name and send postal order for £1.00 as per letters. 12+2. Send it recorded delivery so you can confirm it has been delivered. If no response then send the other letters to them from this site.

c321

A few weeks agao I received the blue pay-slip type letter from MH. I rang and was told that it was to do with a debt from about 3 yrs ago. I told them that I had settled with a different Debt Agency in Feb 2006 and that I had the paperwork to prove it. MH are not chasing the full amount but about £187 which is approx the difference between the balance and the settlement figure which the old debt agency asked for. She told me to send it to them and then they could get it sorted it. I contacted the old Debt Company who confirmed that the account was settled and closed.

I posted the proof to them 1st class and a few days later rang to see whether they had received it. I was told by a rude, arrogant man that they had millions of letters so it would take ages for it to get on the sytem.
I rang a couple of weeks later to be told that they hadn't received it and a Mr White gave me his direct fax number. So I faxed it to them and then a few days later phoned and guess what? They hadn't received it. In total now I have faxed it 4 times, no-one ever phones back and when I phone they always deny having received it. One guy I spoke to was reallly arrogant and rude and when I asked him how we were ever going to resolve this if they claim not to recieve it he said nothing until they receive it. A few days ago I sent it again by Recorded Dlivery so I could be sure they get it. I have heard nothing.

Yesterday, I did a credit check with Experian and even the original default does not show. I contacted Experian who said that the default has been delelted from my account (not sure why as it is less than 6 yrs from default but as the guy from Experian said be glad as once removed they can't put it back). He said they are acting illegally as the debt has been cleared and they have no right to pursue me for it. He suggested contacting the Office of Fair Trading and Trading Standards which I will do on Monday. He also said that they will haave recieved all my correspondance but they were obviously choosing not to acknowledge it as they would rather get me to try and pay it as they know I am concerned to sort it out.

The default was caused by my ex-husband hiding post (as well as an awful lot of other awful things which I have moved on from) and I didn't know anything about the problems until it had defaulted - dealing with these people takes me back to a past that I have started to put behind me.

I have decided that I will not contact them anymore by phone and will do what ever the OFT suggest tomorrow, but I could really do with any advice on here. I wish I had found this forum earlier as I now realsie what scum they are. Please help

Deb1982

Hi all,

I have just received a letter from Mackenzie Hall for £176.50 on behalf on Cabot Financial (Europe) Ltd. It says that I have failed to respond to previous correspondence (never received any correspondences from Mackenzie or Cabot) and that I have until noon 21st October 2008 to pay the debt?!

I have no idea what this debt is for and it does not appear on my experian report.

Can someone advise me what to do, should I call them or write to them??
I know its not alot of money but the letter I have received I think is a final demand

Thanks Deb

RAS

Debs

it is usual for DCas to send out letters referring to correspondence that the "debtor" never received and for them to give very short timescales; sometimes the letter arrives after the deadline. This is designed to wrong foot the "debtor" and get them to pay up in a panic rather then checking whether they even owe the money.

it is quite possible that this is a fishing trip, sent to everyone with the same name. Alternatively it may be a very old debt that is no longer on your credit record and which you do not have to pay anyway as it is statute barred.

I would suggest getting your equifax and callcredit records and making sure nothing is showing on them; different creditors use different agencies.

Until they prove the debt is yours and is enforceable, it is probably best not to respond to them.