Old Debt? Mackenzie Hall

dboy7800

These idiots have been writing to me since Oct last year. They are using my married name which I haven't used since I got divorced in 2000!!! I keep sending them the same reply asking for proof, statements, signed agreements, and also pointing that if there is a debt in that name then its obviously too old to chase - statute barred and all that!! I've checked my credit report on Equifax today and see that they have done a search (in Oct 2008) on an old address I left in 1999!!

Anyway they've sent me a ridiculous threatening letter dated 7th Jan which I only received today giving me 48 hours to pay or else!! I have also filed a complaint with the financial services ombudsman.

As far as I'm concerned MH can sod off! Interestingly I was contacted by another company about a year ago with regard to the same alleged debt and when I asked them for proof etc they went away with their tail between their legs and didn't contact me again but have obviously passed this on to MH!!

So I'm fairly certain that if there is a debt (which I don't think there is as I would know if I owed someone money!!) then it is way too old for them to chase?????

I'm actually tempted to ring them just to wind them up but shall resist . . . .for now anyway!!

Clareyfairy_3

Hello there, despite treading these boards for a good few months now I am now making my first post and I must apologise as it is through rage that I am posting.

Yesterday afternoon my mum received a text message asking her to contact some one called 'Thomas' at Mackenzie Hall quoting a reference number regarding a personal matter.
She asked me about the text message and if I knew anything about it. Not recognising the the company name I told her to just ignore it. Since then I have been on the internet and googled the company name to find, as many have already posted, it is a so called debt collecting/tracing agency.
It is whilst searching the company I have read many threads across numerous forums regarding the harsh techniques and abusive manner they use to intimidate people in to paying the 'debts.'

Now to make things a little more complicated in this matter, the mobile phone and number that the text was sent to is under my mobile account. I have two mobiles under my account both of which are in my name. One is used by me, which I have had for almost 3 years now, the other as you may have guessed, is used by my mum which has only been on my account for around 4 months.
Now as far as I am aware, I have no outstanding, unpaid debts and nor does my mum. My mums mortgage was paid off over a year ago. Other than my student loan which isn't due to for repayment until this year, any debts we have are currently active and in the process of being paid, i.e credit cards, car finance and recently taken out loans which are all close to being paid off.
The only thing that I have against my own name is a CCJ from around 14 months ago which was paid and confirmation of clearance has been recieved.

Now, at present, I am taking the advice of many on here and for the time being ignoring the text. We have also tried to contact the National Debt Helpline and the CCCA(?) regarding this for further advice but the lines were busy and received no answer, as yet. I am also going to apply for a credit report to see if I can find out any possible debts and any checks they have made against me and my mum.
Hopefully the muppets will sod off and leave me and my mum alone.

GunJack

A word of warning guys....as well as Mackenzie Hall and Lowells, look out for a company calling themselves buccannan, clark and wells...they must all be related somehow...see this post for some info.....

http://forums.moneysavingexpert.com/showpost.html?p=17671235&postcount=82

Clareyfairy_3

My mum managed to contact the National Debt Helpline this morning while I was out at work. She explained the text message she had received on her phone and that we have no outstanding debts to our knowledge.
Their advice to us was that the chances are that because the number is only a few months old to us, that the number was probably previously used by someone else and they are more than likely chasing the previous user of that number.
She has advised us to completely ignore the message and should we receive any further contact from them to ring them back and let them know of the contact made.

They advised that the company will have bought and obtained details of people owing debt from credit companies and banks who are not willing to chase the debt. They then send messages and letters to the person they are searching in hope for a response and the opportunity to scaremonger people into paying old out of date debts or non existant debts.

It begs the question, who is really at fault for this company being able to operate? The company themselves or the banks and credit companies?

rog2

Clareyfairy wrote: »

It begs the question, who is really at fault for this company being able to operate? The company themselves or the banks and credit companies?

Unfortunately, cf - everybody must take some responsibility for allowing the 'ilk' of Mackenzie Hall to draw breath. The 'regulation' of the 'Debt Collection Industry' is, to say the least, fragmented and very difficult to police.

Whilst there are, indeed, official guidelines - laid down by the Office of Fair Trading - as to how this 'twilight industry' should conduct their questionable affairs, it is such a lucrative business that the modern day 'spivs' suvh as MH can afford to openly flout these guidelines as the potential rewards, for them, far outweigh any 'penalties' that are likely to be imposed on them.

They, often unlike their intended victims, can afford to pay huge sums of money to leagle beagles who can advise them just how close to legality they can operate and get away with it.

They were clearly acting against the OFT guidelines in texting your mum without first checking that the owner of that number was, in fact, the person that they needed to contact.

You have been given good advice by NDL - please report any future contact from MH as the more complaints made against them the better.

For your information the OFT Debt Collection Guidelines can be seen, and downloaded, on the following link:

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

Good luck

Clareyfairy_3

Ooof, we definitely will be making contact with the NDH if we hear anything else from them.

I was in such a panic when I first googled them last night and read all the horror stories that people had had when dealing with these people. But after reading the advice of many on here and taking steps to contact the NDH, I definitely feel much more relaxed and calm about the situation.
Thank goodness my mum questioned me about the text before doing anything about it and thank goodness for google!!! More to the point thank you all that there is people out there who know about such things.

ajaybelfast

Hi, I found this site and forum today and Im really glad I did, read some seriously good info. Im not very legally minded and unsure of laws governing this area and was looking some advice pls. Im 24, a student working on a placement yr and yesterday got a letter from Mackenzie Hall. Here is the letter

SMS “Machall” and your M Reference number to 87202 for an immediate calback “e.g Machall M*******”

RE:M******* - (My name)

We are attempting to contact the above named person regarding a personal matter.

We have been provided your address as being the possible residential details for our subject.

Therefore if you are the person names above then please contact our office immediately on telephone number 01563 556058 quoting ref num M*******, whereupon further detailed info can be provided.

If however you are not the person named above and/or have any information regarding the possible whereabouts, then pls contact our investigations team in confidence on the alternative tel num or email address below.

Subject Not Known / Goneaway: 01563 556538
[EMAIL="goneaway@mackenzie.co.uk"]goneaway@mackenzie.co.uk[/EMAIL]

We look forward to hearing from you as soon as possible.

Yours sincerely

ANDREW LOWE
Mackenzie Hall Limited
Always quote Reference M******** on all communication
(Telephone calls may be recorded)


Before i read this forum, I stupidly texted the number last night, an then phoned them this morning but they said their systems were down and could I call back later.
I know I have bad credit, from being late on credit card payments every month but i phoned them and they said it had nothing to do with them. But I remember around 5-6 yrs ago (2003-2004) I had mobile phone contract and Im not sure if it was completed....I remember doing a credit check with equifax those many yeasr ago and it showed up. I was wondering could anyone pls help me with directions with what options I have, as reading from an earlier post quote

" [FONT=&quot]I would, however, just issue one small word of caution - you state that the original creditor is a 'telecoms company' - if the 'debt' refers to a mobile phone contract then it may not be covered by the terms of the Consumer Credit Act, 1974, as mobile phone contracts are generally 'consumer service agreements', as opposed to 'consumer credit agreements'. "[/FONT]


I cant remember the author but he says that its different for a telecoms company. Also I am from Northern Ireland...


Any help would be much apreciated. I understand from reading through this forum the way this company works and their tactics, but dont know if i have a foot to stand on by demanding my cca an the other stuff lol. Thanks
:T


UPDATE: I signed up to that online experian credit report and viweed my report. It just shows my credit card and overdraft, none of which are in bad order at all...That mobile phone thing i seen years ago when i ordered it on paper for 2quid isnt on it at all. That mean its Statute Barred? as in 6 years its cleared? or ...

UPDATE: I then went and signed up for the equifax online credit report. Its showing me some different things that were not showed on the experian one, an one of these shows a credit search done this week by MAckenzie Hall, search reason being "outstanding debt". It also showed me my payments on my current and past mobile phone contracts but nothing about the one i think i may have not fully cleared...
....
i wonder why this didnt show on the otehr one?

thanks again

faris_2

rog2 wrote: »

Hi Faris - lots of 'ifs' in your post, my friend. You need,first of all, to change some of these suppositions into facts. Have you checked whether the ccj exists?
If a ccj is 'set aside' it is going to be pretty difficult or it to be 'replaced' by another ccj, especially if the original 'debt' was, in fact, statute barred, so check with the 'registry trust' to see if there are any ccjs and we'll take it from there.
If there is a ccj, on your credit reference file, it probably will affect your credit rating, when applying for a mortgage - it may not prevent you from getting a mortgage as mortgage lenders generally look at 'the whole picture'.

Hi rog2

You kindly replied (latest of which quoted above) to my queries posts#: 221/222/228/229 way back in July/August 2008. You asked me to supply further details and I have since managed to obtain what I hope to be enough information to give you clearer picture. This is the situation:

I have a ccj served on me at my previous address. Issued in Dec. 2006. As I had moved from that address, I never received that ccj. I also understand that this ccj was transferred to the High Court for bailiffs and was issued in Jan 2007. Also addressed to same address.

Now, as I have explained in my previous posts, I never received any of those ccjs as I was not living at that address at the time. The last payment towards the debt was made back in 2002 (I can't remember the exact date). I have never acknowledged, verbally or by writing, to the creditors or their agents that debt.

What do you think I should do?

Many thanks

Faris

rog2

faris wrote: »

I have a ccj served on me at my previous address. Issued in Dec. 2006. As I had moved from that address, I never received that ccj. I also understand that this ccj was transferred to the High Court for bailiffs and was issued in Jan 2007. Also addressed to same address.

What do you think I should do?

Hi faris - Since this CCJ was, initially, served at your previous address, and you were totally unaware of it, then you need to seek some professional guidance.

Normally you would have the opportunity to ask the Court to 'Set Aside' the original CCJ in order to give you a chance to submit a defence. Unfortunately, however, it appears that the claimant has 'converted' the original ccj to a 'High Court Judgement' which gives them more 'power' for enforcement/bailff action.

But I am sure that there will be a solution - You should speak, in the first instance, to one of the Debt Counselling Charities:

• National Debtline - www.nationaldebtline.co.uk/ - 0808 808 4000
• CCCS - www.cccs.co.uk/ - 0800 138 1111
• A Debt Advisor at your local CAB

The above organisations are registered charities, fully endorsed by this forum, and will give you free, impartial and professional advice.

You may, also, wish to consider talking to Community Legal Advice:

• Community Legal Advice - www.communitylegaladvice.org.uk/ 0845 345 4 345

If the Bailiffs have become involved, i.e. through an attempted home visit, or by letter, then you might try a 'pm' to Herbie 21, who is a regular poster on this board. Her Company, although not a registered charity, specialises in advising on how to 'deal with bailiffs'. I will pm her, myself, to draw attention to your situation. In the meantime, you can get a lot of information by visiting her website : www.bailiffadviceonline.co.uk

Please let me know what you are advised to do - and good luck.

faris_2

Hi rog2,

I have already contacted National Debt Line and will do the same with the other charity you kindly suggested as I need as much advice as possible before making a firm commitment. As for contacting Herbie 21, I would be keen to do so if only I knew what you mean by "pm".

Very grateful for your help.

Best regards

Faris