Mackenzie Hall - are they legit?

Postman

Hope someone out there can help.

A couple of weeks ago received a letter from Mackenzie Hall Ltd of Kilmarnock. Opening the envelope it looked like court papers demanding I pay £3,400 for a debt on a credit card.

It took me a couple of minutes to realise they were not actually court papers but a letter designed to look like them. It actually says that in the letter. Is this right? Can any company make up a letter to look like official court papers and send them out.

I called them up to complain and got a rude man who wasn't interested in what I had to say. All he kept saying was when was I going to pay up. I called up the credit card company and they said it was nothing to do with them. I was described as a "customer in good standing" whatever that means and there wqas nothing on the screen to suggest I owed them anything. The funny thing is I have a credit card with the same company and this morning, when the monthly bill arrived, it shows a balance of less than £50 (last week's shopping!, and they've just increased my credit limit.

I have written to Mackenzie Hall stating I want them to send details of the debt asap but I haven't received anything back from them yet.

Does anyone know about this company? Any help gratefully received.

Kevicho

You would be best to send a letter to them asking them to explain what the debt is and where is from

Until then do not acknowledge to them that you owe them a penny

There is a standard letter someone posts on here which sounds good, hopefully someone will post a link

Justicia

I hope that Harrassed does not mind me C'n'P'ing his post;

"Write to them, using the letter below. Send it by Recorded Delivery and enclose a £1 postal order in payment of the statutory fee."

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

locohauled

Are they legit - very good question!

In so far as they are licensed by OfT under Consumer Credit; Data Protection Act by Info Commissioner and Companies House then the answer is yes, they are a legit company.

But as to business practice that is very, very debateable. Sending documents that are not what they seem is a breach of OfT guidelines, it may even be a breach of the law. Report them now to Trading Standards and OfT.

Mackenzie Hall's website is currently down but a Google search provides other clues.

One linked site claims MH have recovered four million quid in "written off" debt in the past 12 months. This suggests they specialise in old accounts which may be statute barred i.e. still payable but no longer enforceable by legal action. If they take anyone to court this defence, set out in the 1980 Limitations Act, will mean the case will be thrown out. So they have to bully people into paying, its their only chance.

Two companies linked to MH - Doorstep Call and Mail Forwarding Ltd, both have addresses listed in Kilmarnock according to Companies House have either been struck off or will be struck off for failing to file accounts and other documents. The only director of both companies, itself an offence because you must have two, is one of three directors listed at MH.

MH were criticised by Northumbrian Water for refusing to discuss accounts with thrid parties CAB's etc.

Hope this helps Postman

Harassed_2

I hope that Harrassed does not mind me C'n'P'ing his post

Feel free, anyone can use the letters I post. They're for the common good. And yes, MacKenzie Hall are a very shady crew. Neither pay nor acknowledge anything they demand unless they provide every scrap of proof you demand. As to the 'court summons' look-alike, you could complain to Trading Standards. Despite their notice stating it isn't a court paper, they're skating on very thin ice.

It is an offence under Section 40(1)(c)/(d) of the Administration of Justice Act 1970 to falsely present a document as having some official character which it has not with the object of coercing another person to pay money claimed as a debt due under a contract an individual to be authorised in some official capacity to claim or enforce payment.

In one of their guidance notes, the OFT has reminded creditors and debt collection agencies that the issue of documents

• resembling a court summons or other official document
• leading the debtor to believe they come from or have the authority of a court
• otherwise containing false or misleading information intended to obtain payment

may be criminal offences under the County Courts Act 1984 and/or the Administration of Justice Act 1970.

steve10574

yes same here bill for 1300 very nasty guys on the phone was told they have sent proof i asked for(but never turned up) and was not going to sent it again

found this letter on other post about this mob(thanks to the writer file_wizzard) and i am going to sent that and go on my hols and forget about them till i get back thanks everyone on here for the info


Name of Creditor
Address of Creditor

WITHOUT PREJUDICE

Dear Sir/Madam

Re: Account No/Reference No:

No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that 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.”.

The last correspondence/payment/acknowledgement 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.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully

(Your signature)

lynzpower

Just out of interest, why has File Wizard ( are you about FW) written without prejudice on the top of that letter, as I understand it , Without prejudice means that you cannot rely or show docs with this written on in court?

Which means if you were to take MH to court re misrepresentation ( I would, to get it stopped if nothing else) then surely you wouldnt be able to show the letters youve sent?

looby75

I'm off to Kilmarnock tomorrow, maybe I should knock on their door and ask them what they are playing at on behalf of all MSE's LOL

Emmzi

from finance glossary..

The basic meaning is 'without loss of any rights'. It is a term used when two parties are in dispute, and one makes a settlement offer to the other. It puts 'without prejudice' on its offer to make it clear that the settlement offer should not be construed as a waiver of rights. Importantly, communication marked 'without prejudice' cannot be used in evidence in court proceedings if the attempts at settlement fail and the dispute comes to court.

The main reason is re: waiver of rights, the court evidence is, I think, an unfortunate side effect.

linniestorm

These cowboys also have a call centre in East Lancs as well near where I live. We get people wanting to get out of there all the time through our doors (I work in recruitment) so it must be pretty bad place to work as well, and it can't be the building, they're in v. plush offices!

I've heard of DCAs writing fishing type letters for non-existant debts (or for companies where people may have had debts that have since been settled) relying on the 'fear factor' of people paying up wtihout checking. Anyone else heard about this? Might be an option here?

lynzpower

Emmzi wrote:

from finance glossary..



The main reason is re: waiver of rights, the court evidence is, I think, an unfortunate side effect.

Emmzi ,thanks for this

Incidentally, while we are on the subject, a solicitor has written to me with without prejudice on the letter, and this letter is asking me to waive my legal rights, anyone know whether its worth the paper written on?