Mackenzie Hall - are they legit?

huki

Hi everyone, this is my first post in these wonderfull forums.
I have spent a good few hours searching and reading posts about MacKenzie Hall DCA today.
The reason for this is because, I myself got a letter from them this morning through the post claiming they needed to get in touch with me regarding a ""Personal matter".:rolleyes:
Not having heard of this company before I took it upon myself to do a little research.
It seems they are purchasers of old debt, but I am unaware of any old outstanding debt in my name. My experian credit report is spotless and has been for some time,(score of 999/1000) and I have recently taken a mortgage with Nationwide with no problems whatsoever.
Therefore, I will not be contacting them as I feel they are trying to collect something that I do not owe and that cannot be enforced.
The scare tactics of companies like this one seem unlawfull to me, and without precise, accurate , documented proof that this alleged debt exists and is still legally enforceable, they will be getting nothing from me.

davek1

"without prejudice"


This simply means that anything in the letter will not predjudice your legal rights. It soesn't mean the contents cant be used in court or anything like that. I write without prejudice letters all the time and it is a simple way of protecting your interests. In truth the chances are that if it werent on the letter it wouldn't make a bit of difference.

The civil courts can use evidence from any source they see fit ( as opposed to criminal courts who cant) it is for the court to attach what weight they see fit to that evidence.

So if a letter headed without predjudice was used in a court they would take it into account in the same way as any other piece of eveidence.

Hope this helps

Dave

Dr.Shoe_2

linniestorm wrote:

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?

My brother made several payments to a carpet retailer before realising his mistake. He didn't even own a house at that time!

Dr.Shoe_2

I hope I get a letter from them. Bring it on!!!!

boshdmg

Hello

I woke this morning with a nice red "Notice of Court Action" letter from Mackenzie Hall, for a sum of £400 that is supposedly over due on my account with Northumbrian Water, and the letter says that I must pay by the 22nd of the September to avoid the action, it’s the 23rd today!

This is also the first I have ever heard of this dept, I haven’t received any prior warnings, no red bills, nothing. I rang up Northumbrian water and they couldn’t tell me any thing, so I contacted Mackenzie Hall and they treated me like some sort criminal and basically weren’t interested in anything I had to say, all they could tell me was the address the charge was concerning, but not the period that I edgily have not paid the bills for. The address they mentioned was somewhere I have not lived for 3 years, and that i am certain the water bill was paid for.

I then took this info back to Northumbrian water and they still couldn’t tell me anything, they said the account was locked and they referred me to a third party Alexander James, who are the solicitors handling the case, which aren’t open till 9 on Monday.

My fear is the next tenants did not bother to put the water account in their name and did not bother to pay the bills. Am I still liable?

I am also worried about how I will prove I wasn’t living there, like all students I’ve had many addresses since then and I didn’t keep my tenancy agreements etc. What do I do?

rog2

boshdmg wrote:

Hello

I woke this morning with a nice red "Notice of Court Action" letter from Mackenzie Hall, for a sum of £400 that is supposedly over due on my account with Northumbrian Water, and the letter says that I must pay by the 22nd of the September to avoid the action, it’s the 23rd today!

This is also the first I have ever heard of this dept, I haven’t received any prior warnings, no red bills, nothing. I rang up Northumbrian water and they couldn’t tell me any thing, so I contacted Mackenzie Hall and they treated me like some sort criminal and basically weren’t interested in anything I had to say, all they could tell me was the address the charge was concerning, but not the period that I edgily have not paid the bills for. The address they mentioned was somewhere I have not lived for 3 years, and that i am certain the water bill was paid for.

I then took this info back to Northumbrian water and they still couldn’t tell me anything, they said the account was locked and they referred me to a third party Alexander James, who are the solicitors handling the case, which aren’t open till 9 on Monday.

My fear is the next tenants did not bother to put the water account in their name and did not bother to pay the bills. Am I still liable?

I am also worried about how I will prove I wasn’t living there, like all students I’ve had many addresses since then and I didn’t keep my tenancy agreements etc. What do I do?

I would adopt a very cautious attitude on this and I would not advise that you reply to the letter, unless it is not to acknowledge (see above posts). In the event that MH do take legal action, then you MUST receive a summons from the court. On that form there will be a section for you to either acknowledge or deny the debt and you may enter your defence i.e. that you were not a tenant at the time - even if you have not kept tenancy agreements, this should be verifiable by landlord/letting agency.
If you wish to attend the hearing and the court issuing the summons is a long way away, you can also apply to the court to have the hearing transferred to a local court.
It does seem a little strange though, as summonses for rates and water rates are usually dealt with by the local magistrates' courts.
It would appear that MH specialise in old and 'high risk of recovery debts' perhaps they have trawled your name from old court/water company records and are 'trying it on'.
MH do not enjoy much respect, as a company, in fact one forum on the consumer action website describes them as the 'fag ends of the Debt Collection Industry'. Their local Trading Standards Office (Kilmarnock) have received numerous complaints about their operating practices and have, themselves, referred 'clents' of MH to OFT.
My best advice would be to do nothing until they send you an actual court summons, although if it makes you uneasy go to Citizens' Advice and ask them.

boshdmg

You i bother contacting Alexander James, the solicitor?

rog2

boshdmg wrote:

You i bother contacting Alexander James, the solicitor?

Sorry - don't quite understand. Was letter signed by Alexander James (Solicitor)?

bargainbetty

lynzpower wrote:

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?

Depends on the circumstances - feel free to PM me to check the situation. I personally never waive my rights to anything!! :rotfl:

boshdmg

Sorr, i ment to say

"Do need i bother contacting Alexander James, the solicitor?"

In the hope that they can tell me what period i have elgidly not paid the bills for? I know it cant be me either way, because i and my flatmates paid the water bills regularey while i was there, and £400 would equate to 2 years of unpaid bills which certainly cannot be the case.