Old Debt? Mackenzie Hall

rog2

Hi SD - having leisurely quoffed a full bottle of 35 degrees South Chilean Cabernet Sauvignon this evening, I am unable to reply sensibly, but will, I promise, reply tomorrow.

A day won't make any difference - they are in default and can wait for your reply in the same way that you have had to wait for them. :beer:

Sunny_Donny

rog2 wrote: »

Hi SD - having leisurely quoffed a full bottle of 35 degrees South Chilean Cabernet Sauvignon this evening, I am unable to reply sensibly, but will, I promise, reply tomorrow.

A day won't make any difference - they are in default and can wait for your reply in the same way that you have had to wait for them. :beer:

I have quoffed 2 large glasses of Bert and Ernies Californian Cabernet Sauvignon, so I too can wait til tomorrow.

Sunny D:beer:

rog2

Sunny_Donny wrote: »

I have quoffed 2 large glasses of Bert and Ernies Californian Cabernet Sauvignon, so I too can wait til tomorrow.

Sunny D:beer:

Hi SD - sorry for the delay - I've been feeling a bit 'delicate' this morning. :rolleyes:

Since you sent the letter the Act has been amended in that it is no longer a criminal offence, not to have provided you with the true copy of the executed cca in the 30 days after they 'defaulted'.

No matter - they are still in default and should NOT be trying to enforce the agreement.

Click on the following link - fermi has composed a letter which would appear to suit your requirements:

http://forums.moneysavingexpert.com/showpost.html?p=21082123

It may need some 'editing' to suit your circumstances, but send this to Cabot now, as it will constitute a 'formal complaint'.

If they do NOT reply, or if their reply is that they have discharged their oligations, then please do not hesitate to report them to OFT. MacKenzie Hall (and others) have had their knuckles severely rapped by the OFT, and the OFT is keen to hear from people who are being harassed by dcas for 'debts' which are either in dispute or unenforceable.

Please read the following thread for more details:

http://forums.moneysavingexpert.com/showthread.html?t=1639473

Hopefully the above letter will get them off of your back.

Sunny_Donny

Dear Rog
Hope the delicate head has dissipated.
I'll compose it now, get OH to sign it and send it recorded delivery.
I'll keep you updated when and if I get a response.

Many thanks

Sunny D

jennysweater

Hi i'm new here and hoping for a little advice. I have recieved a letter from makenzie hall (with my details stated and an amount I owe)this morning informing me that if I do not call them Meritforce will visit me within the next 10 days. This is after J2 Solutions sent me a letter a week ago, addressed to the occupier asking me to contact them over a personal matter. They also called my landlord asking did I live at my address. I have not acknowledged this debt since 2001.

Should I just wait to see if Meritforce turn up or sned them an email asking them to leave me alone?

Any advice is greatly appreciated

fermi

jennysweater wrote: »

I have not acknowledged this debt since 2001.

If that is the case, then just send the letter here:

http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=4

You also might like to add in the extra text below.................



"Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

We also notice the OFT have recently placed requirements on Mackenzie Hall Ltd. Specifically, that they/you and all connected companies cease collection activity and enforcement while any debt remains queried or disputed. Should you ignore this requirement, a complaint with the OFT and other regulatory bodies will be raised."

rog2

jennysweater wrote: »

Should I just wait to see if Meritforce turn up or sned them an email asking them to leave me alone?

Send them the 'Statute Barred' letter that fermi has posted a link to.

If they continue to 'pursue' this debt in any way then report them to the Office of Fair trading.

Meritforce are most unlikely to turn up, but in the unlikely event that they do, you should be aware that they would have no legal authority to enter your house, or to imply that they have any power of siezure. You would be under no obligation whatsoever to discuss the alleged debt with them and they must leave immediately when you ask them to:

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

RAS

if they come back after the statute barred letter, then contact the OFT. MH are already operating under OFT requirements, so are skating on thin ice.

Sunny_Donny

Hi Rog

OH received yet another missive from Cabot stating the following.

"Please be advised that the failure to provider a copy of your agreement in time does not affect the legality of your debt witht he Cabot Financial Group but merely renders the credit agreement unenforcable until such time the agreement can be produced. This was provided to you on 5th May 2009 and therefore we are now legally entitled to pursue you for the remaining balance.

Please note that Cabot is not an agent acting on behalf of the original creditor, the debt has legally been assigned to the Cabot Financial Group under Section 136 of the Law of property Act. For ease of reference the outstanding balance is £ .
I would recommend you contact our collections department within 14 days to discuss the options available to you to settle this account. I must inform you that if we do not hear from you within this time frame, this account will be escalated within our collections procedures.
I trust I have clarified matters for you and set out our position clearly."


What do I do now?????

Thanks

Sunny D

rog2

Sunny_Donny wrote: »

"Please be advised that the failure to provider a copy of your agreement in time does not affect the legality of your debt witht he Cabot Financial Group but merely renders the credit agreement unenforcable until such time the agreement can be produced. This was provided to you on 5th May 2009 and therefore we are now legally entitled to pursue you for the remaining balance.

What exactly have they provided you, sd?

PS - will trawl back through the thread and 'edit' if I can answer my question.