Old Debt? Mackenzie Hall

Tikka

Well I sent my recorded delivery letter on 25th July quoting all of the relevant paragraphs/OFT guidlines and I have heard diddly squat ! Go figure !!!

craig1000

My partner has today received a letter from MH, not sure if it a response to the prove it letter or not, they do not make any referance to the prove it letter sent although it does seem to include an extra referance number called client referance.
The ketter goes on about the launch of their new website and that as being a paying customer it gives unlimited access to her account online.
MY partner hasnt agreed to pay anything with them so am slightly confused, should we just dismiss it out of hand or should i respond? if so what with? I was thinking the stutute barred letter but didnt want to use this option up to early as im guessing this is my partners trump card? Any thoughts appreciated?
Thanks in advance!!!!!!!!!!

Volcano

This sounds like it's too soon for them to have responded to the 'prove it' letter.

as being a paying customer

lmao! How very optomistic of them!

it gives unlimited access to her account online.

...and doubtless only requires you to enter your name, address, phone number, 'client reference' number etc etc and anything else they can get you to do to a) confirm you're who they're after and b) provide extra avenues of harrassment such as email.

Ignore this letter and give them longer to respond. You can't claim a debt is statute barred until you know what debt they're talking about.

It's still their move.

craig1000

Cheers Volcano, i thought as much just nicer to hear other opinions of the same.

Tikka

Hi All

As posted above I send recorded delivery letter on 28th July - heard nothing until Friday (21st August) not acknowledging any correspondence from me and it was another standard letter saying I had until noon on 25th August (tomorrow lol) to pay them the alleged £180 debt that I owe from 1999!!!!!

I have now had enough of these jokers - how do I report them to OFT please? Anyone have a link?

fermi

To Mackenzie Hall..........

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Acc/Ref No: *******************

FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman.

Thank you for your letter dated xx/xx/2008, the contents of which are noted.

On xx/xx/2009 I wrote to Mackenzie Hall regarding a debt that was alleged to be owed by myself. That letter was received and signed for on xx/xx/2009 as confirmed by Royal Mail tracking.

In this letter I pointed out the following items:

1) Under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

2) The OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

3) The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

4) The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

Therefore it is clear that your original contact regarding this debt may well have been in breach of the Office of Fair Trading Guideline referred to in item (2).

Furthermore, your second letter is in breach of Office of Fair Trading Guideline referred to in item (4) and directly constitutes harassment.

As you are no doubt aware, breaches of the OFT's Guidance on Debt Collection are treated seriously by the OFT when considering your fitness to hold a Consumer Credit License.

In particular the OFT has stated that:

The Consumer Credit Act 1974 (the Act) requires debt collectors, businesses that offer goods or services on credit and/or are involved in activities relating to credit or hire to be licensed by the OFT. Following implementation of the OFT's new powers under the Consumer Credit Act 2006 on 6 April 2008, the companies could also have specific 'requirements' imposed on them by the OFT. If such a requirement was not complied with, the business concerned could be subject to a financial penalty of up to £50,000. The OFT can also refuse or revoke a licence if it decides that a trader is not fit to hold one. The OFT can take into account any circumstances which appear to be relevant when considering the fitness of an applicant or licensee, including evidence that the company has contravened the Data Protection Act 1988.

Furthermore, that the OFT has recently enforced their guidelines by placing a legal requirement on Mackenzie Hall Ltd to cease pursuing statute barred or disputed debts.

Therefore I wish to formally notify you that unless I received confirmation that this matter is now closed, then I will not hesitate to make a formal complaint to the 'Office of Fair Trading' and also to 'Trading Standards'.

Furthermore, any attempted contact (other than to confirm that this matter is now closed) by any:

• "trading style" of the Mackenzie Hall group
• constituent member of the Mackenzie Hall group
• a third party acting on your behalf
• a third party that claims to have been legally assigned this debt

will result in an immediate complaint to the aforementioned regulatory bodies.

Also please note that any legal action you may consider will be FULLY and VIGOROUSLY defended, and you will be put to a strict proof of the alleged debt and any payment or acknowledgement that you claim within the relevant limitation period.

Furthermore, you may consider this letter a FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman. If you wish to correspond with myself with any other purpose than to confirm that this matter is now closed, then I require you to supply me with a written copy of your complaints procedure and a "final response" that I may forward to the Financial Ombudsman with my complaint.

This COMPLAINT is not going to go away and ignoring this problem could potentially make your situation worse. I therefore strongly recommend that you send written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I would appreciate your due diligence in this matter.

fermi

Tikka wrote: »

how do I report them to OFT please? Anyone have a link?

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

The complaint form there says it is for advisors and 3rd parties, but there is nothing stopping you using it and/or sending the complaint to the same address.

jo82

Hello all,

I havelived outside of the UK for almost 3 years now and have recenetly recieved a letter at my parents from Mackenzie Hall statingt that I have an outstanding debt that originated from Barclay Card. Now, I did have a Barclay Card whilst at university, but this debt was paid off in 2001 (sadly i dont have the details available as I have since moved several times). This is the only debt this letter can be refering to as since the original debt was settle din 2001 I have never had a credit card since.
What worries me is that they are sending letters to my parents house, who also do not live in the UK and therefore the post does not get checked on a regular basis, therefore, I haveno idea who old this letter is and the language, from whati have been told, is threatening.
I have never heard of Mackenzie Hall before this and have sinced googled them and found several forums with their name being mentioned, all of which seem to refer to some form of Barclay debt from YEARS ago. Now, i am aware of the limitations act and know that if this so called debt is over 6 years old (and totally fictional) then legally they cannot persure me for it, but I would like themt o stop sending such letters to my parents house back in the UK as they return about every 6 months, and seeing these letters upsets and worries them.

Any advice would be GREATLY appreciated. Thanks

Tikka

Two options I think - ignore them (although this will not stop the letters I fear, but hey as long as you do not acknowledge them at all I suspect they will over time go away) OR send a letter stating you do not acknowledge any debt claimed as owing by them

If you ultimately want to put a stop to the letters - as posted throughout this thread I would recommend sending a letter to them (recorded delivery) stating you acknowledge no debt to them or any company they claim to represent. Point out that under OFT regulations an outstanding debt is classed as statute barred anyway after 6 years have passed with no acknowlegement of the debt or any payments being made. There are several templates for this letter throughout this post. Of course, as I can bear testament to, this does not guarantee that they will stop sending you letters - I have recently made an official complaint to the OFT about them.and their harassment. I am in the same position - they claim I owe money but I have NO KNOWLEDGE of any outstanding debts (in my case from 1999) and they have been unable to provide me any details of allegeded debt.

Your best bet may be just to ignore them to be honest jo82. Good luck

roadtramp_2

Warning Provident Personal Credit Ltd have a affiliation With Mackenzie Hall.
If you have a account with Provident or open a account with Provident any old debits that Mackenzie Hall may be chasing will be added to your account and you future plans and finances put in jeopardy.
Provident Personal Credit Offer small loans the same day but don't be tempted
You Have Been Warned