MCKENZIE HALL - and my rights !!!

TanJunkie

MCKENZIE HALL - and my rights
Hi there
Can anyone help me with a query/problem i have with the dreaded McKenzie Hall.

Basically, about 9 years ago I took out a Clydesdale Bank loan for £5,000 over 3 years. I paid this loan (I recal it was about £250) per month for AT LEAST half of the term.

For personal reasons, I moved out of town and basically was unable to pay the loan - so ignored it! It was the last thing on my mind at the time.

About a year and half ago i got myself sorted and knew that MH were looking for me for this debt so i agreed with them that I would pay £110 per month - and have been paying by direct debit for all this time - in fact I have paid over £3,000.
Out of curiosity i called them on Monday to see how much I still had to pay and they said that i owed £1,900 odd . . . . which to me seems a lot considering what i had paid to Clydesdale before i defaulted . . . and what I have paid to MH.
I asked if i could have a statement of account from them stating the loan amout, what i had paid to Clydesdale, what I had paid to MH to date! i was told that the Accounts Manager woudl call me back.
I had not heard back so today I called again chasing up - because the thought of having to pay £110 for at least another 17 months doesnt seem right!
I spoke to some guy (to$$er) who became very aggressive when I asked (very nicely) why the accounts manager hadnt called and that basically i was asking for them to put in writing the statement of account.
He become very aggressive and said that "BY LAW, WITH ME DEFAULTING CLYDESDALE, I GAVE UP ALL MY RIGHTS TO THIS INFORMATION"!!? Surely this isnt true!! I explained that MH had come along with a figure of £5,300 and I want to know how this was made up - not being unreasonable am I? Well he got really nasty and said that First Credit (???) had basically bought the debt from Clydesdale and it was £5,300 and that is what MH are collecting on behalf of FC. They dont have any notes or files etc and that I had "Given up my right to this information by defaulting - and I should have asked Clydesdale for this information but now it was too late" . . . . is this correct ?? Surely i have a right to know what i am paying . . . . charges etc. I also said i wanted a copy of the Credit Agreement as i am sure I have PPI and want to know if I am entitled to claim against being sold it . . . blah blah! I advsied him that I am a legal secretary (didnt tell him it was in Media Law!!) but that I am sure that I still have legal rights to all of this information. He got real nasty and I said to him that I thought that his attitude stinks and that he is trying to be intimidating because I am asking for something that i am surely entitled to obtain. he said that "I have been on this phone to you for 10 mins going over the same stuff" - and I explained to him that was his job! I told him I wanted to know what charges had been added because i know the charges have to be "proportionate to the debt" and if i owed say £2,800 or whatever to Clydesdale, then charges of say £3,000 are not propoprtionat and unfair!
Can anyone tell me if he is right in that once the debt i owed to Clydesdale has been sold on - i have no right to any information as to charges etc.

RAS

Three issues

1. This debt may actually be statute barred.
2. if charges have been added in the last 6 years. you can recalim them
3. if there was PPI you may well be able to reclaim that.

if yo want the CCA, you need to request this in writing. That should expose any PPI as well. For the charges information you may need to do a Subect Access Request.

rog2

TanJunkie wrote: »

He become very aggressive and said that "BY LAW, WITH ME DEFAULTING CLYDESDALE, I GAVE UP ALL MY RIGHTS TO THIS INFORMATION"!!? Surely this isnt true!!

Although par for the course with MacKenzie Hall, this statement is TOTALLY UNTRUE.

You, as a debtor, have many rights and among the foremost of those rights is a legal right, under the terms of the Consumer Credit Act, 1974, to ask, at any time for a statement of the account. MacKenzie Hall (not the original creditor) are legally obliged to give you this information within 12 working days of your request, along with a true copy of the original executed consumer credit agreement. Failure to comply with such a request means that they (MH) would not be able to enforce the agreement without permission from the Courts.

Read the following NDL link: http://nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

Also, read, and download, the OFT Debt Collection Guidelines, to which MH should, but obviously do not, adhere, in order to retain their credit licence:

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

MacKenzie Hall are the worst example of what aspires to be 'pondlife' in the murky swamps of the burgeoning 'industry' of Debt Collection.

GeorgeUK

I was under the impression that as of last year, all accounts that fall within the remit of the Consumer Credit Act must receive annual statements - due to changes made in the CCA2006 amendments. This should surely include any account now with a DCA.

A DCA can only add interest and charges if this was agreed in the T&C when you signed the original agreement. Not many older agreements allow for that, that i am aware of.

To request a copy of the credit agreement, to make the request legally enforcable, you must pay a £1 fee. No fee and they do not need to supply the document.

Details: http://forums.moneysavingexpert.com/showthread.html?t=578486
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