OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts

fermi

To add from the notes of the above:

5. The fact that requirements have been imposed on Mackenzie Hall appears on the consumer credit register. We will monitor Mackenzie Hall's compliance with the requirements.


Any complaints about non-compliance should be sent to:

Enquiries
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX

Email: [EMAIL="enquiries@oft.gsi.gov.uk"]Enquiries@oft.gsi.gov.uk[/EMAIL]
[EMAIL="enquiries@oft.gsi.gov.uk"]
[/EMAIL]
6. Under the Limitation Act 1980, which applies to England and Wales, a debt is considered to be statute barred when no payments have been made against it or where it has not been acknowledged for six years. A statute barred debt cannot be legally recovered. Whilst the OFT accepts that the debt still exists, the OFT considers that it can be unfair to pursue the debt in the circumstances set out in our Debt Collection Guidance (pdf 116 kb). In Northern Ireland, statue barred debts are governed by the Limitation (Northern Ireland) Order 1989. In Scotland, statute barred debts are governed by the Prescription and Limitation (Scotland) Act 1973 which states that the debt itself ceases to exist after five years providing that it has not been acknowledged and that no relevant claim against it has been made by the creditor.


7. The OFT's advice for those being pursued by debt collectors is: don't panic or ignore the problem, seek help and advice from your nearest Citizens Advice Bureau and contact those who you owe money to as soon as possible.

stapeley

This is very good news ! I suggest the printing off of the OFT requirement , ready to send to any of the other parasites that may hassle you . I hope this is followed up by action against several other DCA that we could mention .

SouthCoast

Does anybody know which Companies they act for?

RAS

Stapeley

NOte it also applies to unsatisfied CCA requests.:D

stapeley

:jThis is absolutely brilliant news !:j We must keep this post at top of page for afew days so no one will miss it . Maybe someone could do a template letter, for those of us that have been constantly harrassed and hounded by letter and phone , to send to OFT . Just fill in name of company ! Looks like the OFT are showing their teeth at last , lets hope they will bite as well !

RAS

1.1 Mackenzie Hall Limited will not carry out Debt Collection Activity where it has been informed, in writing, that there is reasonable cause to believe that the debt is in dispute.


A debt is considered as in dispute where:

a) ...

b) a request under section 77 or 78 of the Consumer Credit Act 1974 has not been complied with, and this prevents the agreement being enforced without the permission of the court;

Methinks this wording is good enough to shove down the throats of every DCA trying to collect after failure to produce a CCA.

I am interested to ssee that the 1st Credit and MH guidance is quite specific to the type of problem that we see with the different DCAs. No mention in the MH guidance on SDs, which majored in the 1st Crudit guidance.

10past6

In the words of President Obama, it's been a long time coming, but change is gonna come :rolleyes:

fermi

SouthCoast wrote: »

Does anybody know which Companies they act for?

They very rarely act for anyone it seems, unless another DCA.

They seem to specialise is buying up unenforceable debts, for I presume peanuts?

Broken_hearted

Now they will be getting peanuts

Ms-Pacman

ouch bet that hurt them...