Old Debt? Mackenzie Hall

FTW

mikeymack2002 wrote: »

1 High Street,
Newtown,
Kent
R21 4RH

March 10, 2011

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG


Dear Sir/Madam
Account No: 4563210025897412
You have contacted us regarding the account with the above reference number, which you claim is owed by yourselves. We would point out that we have no knowledge of any such debt being owed to The Loan Company. We are familiar with the .Office of Fair Trading Debt Collection Guidance. which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question. We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.
We look forward to your reply.


Yours faithfully


Mr A N Other

Couple of points to add - do NOT sign that letter, and ensure it gets sent by recorded delivery.

fatbelly

scothan wrote: »

When I contacted them they advised me that I owed them £758 for a kind of loan or debt which was organised (apparantly by me) on 29 November 2004 with Clydsdale Financial. They added that I would have to pay the oustanding amount.

I let them know that I couldn't possibly have anything to do with this loan or debt as I was serving with the forces in Iraq from October 2004 until May 2005.

They didn't actually appear to have the information surrounding the debt to hand either.

They've just randomly ascribed a debt to someone who could not have incurred that debt. And they have no paperwork to link you to that debt.

That's the sort of case I'd really like the Office of Fair Trading to see. Please report them.

debt_free_one

Loafer wrote: »

Hello all,

First of all congrats on a great forum. I have just stumbled accross it myself but I think it was destined for my favourites list!

Right, back to business. I was wondering if someone can help me.

I have just received a letter from a company called "Mackenzie Hall" who have sent a "Final Notice" for a debt of £196.

They state they have bought this debt from "Creation Fianancial Services"

I called the number and was told that they can only tell me that it was for a store card whose last activity was in 1997 and the first three letters is SEL. (Selfridges Perhaps)

Now I did have a card around this time with Selfridges but thought that given its been over six years the debt had been written off. I requested more information that they said they will call me back with but I refused to give them my telephone number and told them that any further correspondence should be in writing.

I am not excusing myself for the foolish antics of a university student but am wondering to myself if Mackenzie Hall can chase up a debt from that long ago.

My nest step was goign to be to get a copy of my credit record but I am not sure if it would be worth it given that it holds info for 6 years only.

I guess I am looking for advice and to find out if anyone has had dealing with Mackenzie Hall before.. (I have done a search but found nothing in the forum).

Help greatly appreciated.

K.

Mackenzie hall pursue what is known as write off debt in the hope of scaring debtors into paying some or all of the unpaid debt..... dont in Scotland (not sure about England ) a debt that has had no aknowledgement in writing only which is more than 5 years old is statute barred and cannot be pursued in court .... indeed the only reason for them to pursue a debt this old is to !!!!! your conscionessand maintain there profit.... that being the case call them and ask them to stop pursuing the debt as it is statute barred.... and if they chose to continue with letters or calls write to them and tell them you are going to report them to the OFT .... Clayton

debt_free_one

fatbelly wrote: »

They've just randomly ascribed a debt to someone who could not have incurred that debt. And they have no paperwork to link you to that debt.

That's the sort of case I'd really like the Office of Fair Trading to see. Please report them.

Makes no difference if they cant support the debt with paperwork its statute barred and cant be pursued in court.... Clydesdale financial services went to the wall early 2000 i think ... so its bought debt and if you have made no correspondance in writing addmitting the debt in the last 5 years it is dead ..... Clayton

Just_Plain_Jane

debt_free_one wrote: »

call them and ask them to stop pursuing the debt as it is statute barred.

Better to write to them and send the letter recorded delivery. You then have a record of your correspondence.

fatbelly

debt_free_one wrote: »

Mackenzie hall pursue what is known as write off debt in the hope of scaring debtors into paying some or all of the unpaid debt.....

debt_free_one wrote: »

Makes no difference if they cant support the debt with paperwork its statute barred and cant be pursued in court.... Clydesdale financial services went to the wall early 2000 i think ... so its bought debt and if you have made no correspondance in writing addmitting the debt in the last 5 years it is dead ..... Clayton

Scothan cannot state that the debt is Statute Barred as he does not know the history of the debt. It's not his debt! OK, it may be SB, but how would he know? Maybe the true owner of the debt had a DMP and was making payments to it between 2005 and 2009. To assert it's Statute Barred means that you know it's history and that would make MH think that you are the debt's owner!

The issue is that they chose to chase someone completely unconnected to the original debt - just one of the many reasons why they should be reported and why they should lose their licence.

rchddap1

Other half got two letters from good old Mackenzie Hall. Neither of us know of any outstanding debt.

So I've checked my own credit history online. And there seems to be something there for 2007 De Montfort Housing Society Ltd. There is no chance that this belongs to my other half.

in fact I see the link 3 times for the same date in 2007

What should we do?

Tixy

rch - other half should send MH the prove it letter. Until OH knows what the debt is for they cannot know whether it is their debt or not.

Another link to the template is here - http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

rchddap1

That's just it......at the moment I'm not sure of who they claim he owes money to. Right now I'm guessing.

Tixy

So send the prove it letter and MH will come back with more details - eg a notice of assignment or a copy of an agreement or contract in OHs name etc.