Mackenzie Hall......Help

LynneC_3

My son told me someone had rung while I was out and wrote down the number...so I rang and it turned out to be Mackenzie Hall. I asked them what they rang me for and thet said I (jointly with my husband and from whom I am now separated) owed £3000 for a car loan in 1996. I do vaguely remember my husband buying the car (I don't drive and don't have a license) but it developed a problem soon after buying and the company wouldn't repair it, so my husband told them to take it back..which they did. I told Mackenzie Hall it was nothing to do with me but they say they will take me to court, I am separated and have two teenage boys at home and work part time and get tax credits...I can't afford to pay anything..can they do this after so long? Its 13 years ago!
Any advise please
Lynne

woody01

Tell them to eff off
They cannot enforce this and they also cant take you to court.

Is the loan in your name or joint?

ALIBOBSY

Firstly these companies are the lowest of the low and will lie cheat and threaten to get cash out of people. The debt charities and everyone on any consumer boards I read advise NEVER talk to them on the phone.
If they call agian the coversation should go like this them "hello can I speak to lynnec" you " put it in writing", then hang up. Or better still just hang up.
Once you have something in writing send them a statue barred letter. You are correct they can't pursue a claim that old (although they will lie on the phone and say they can). The law states that if no acknowledgement or payment is debt is made for 6 years is becomes statue barred. They are allowed to ask once for payment then once you point out it is barred they should stop. They certainly won't be able to go to court over it. They know all this but will have bought the debt along with many others for as little as 1p or 2p in the £. They hope to threaten and bully some into paying.
MH specialise in so called uncollectable debts and are the bottom feeders of the debt collectors. Once you see these companies as the law abusing scum they are their threats lose the ability to worry you.

Try looking over on the debt support forum on here or the consumer action group forum website.

Ali x

LynneC_3

it was a joint loan

woody01

LynneC wrote: »

it was a joint loan

Still nothing they can do

naijapower

Pls do not speak to them on the phone. This has been discussed on another thread or perhaps several. Will find the link and post or maybe someone has it to hand .....the better

naijapower

http://forums.moneysavingexpert.com/showthread.html?p=21848865&highlight=mackenzie+hall#post21848865

naijapower

also see:

http://forums.moneysavingexpert.com/showthread.html?p=21720491&highlight=mackenzie+hall#post21720491

fermi

The letter below goes to MH recorded delivery.

If you hear another PEEP out of them then report these idiots to the OFT and Trading Standards.

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

Statute Barred debts.

A debt will be "Statute Barred" if there has been no acknowledgement of the debt by you making a payment or in writing within the relevant limitation period.

If you are in England/Wales then the limitation period is 6 years and you should read:

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

1 High Street,
Newtown,
Kent
R21 4RH
Date

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

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Account No:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we 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".

I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last correspondence/payment/acknowledgement or payment 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/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

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

I/we look forward to your reply.

Yours faithfully




Mrs A N Other

fermi

Follow up letter to the one above just in case they are daft enough to ignore it.

(They seem to be that stupid :rolleyes:)

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Acc/Ref No: *******************

FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman.

Thank you for your letter dated xx/xx/2008, the contents of which are noted.

On xx/xx/2008 I wrote to <Name of debt collector> regarding a debt that was alleged to be owed by myself. That letter was received and signed for on xx/xx/2008 as confirmed by Royal Mail tracking.

In this letter I pointed out the following items:

1) 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".

2) The OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

3) The last correspondence/payment/acknowledgement or payment 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.

4) The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

Therefore it is clear that your original contact regarding this debt may well have been in breach of the Office of Fair Trading Guideline referred to in item (2).

Furthermore, your second letter is in breach of Office of Fair Trading Guideline referred to in item (4) and directly constitutes harassment.

As you are no doubt aware, breaches of the OFT's Guidance on Debt Collection are treated seriously by the OFT when considering your fitness to hold a Consumer Credit License.

In particular the OFT has recently stated that:

The Consumer Credit Act 1974 (the Act) requires debt collectors, businesses that offer goods or services on credit and/or are involved in activities relating to credit or hire to be licensed by the OFT. Following implementation of the OFT's new powers under the Consumer Credit Act 2006 on 6 April 2008, the companies could also have specific 'requirements' imposed on them by the OFT. If such a requirement was not complied with, the business concerned could be subject to a financial penalty of up to £50,000. The OFT can also refuse or revoke a licence if it decides that a trader is not fit to hold one. The OFT can take into account any circumstances which appear to be relevant when considering the fitness of an applicant or licensee, including evidence that the company has contravened the Data Protection Act 1988.

Furthermore, that the OFT has recently enforced their guidelines by placing a legal requirement on Mackenzie Hall Ltd to cease pursuing statute barred or disputed debts.

Therefore I wish to formally notify you that unless I received confirmation that this matter is now closed, then I will not hesitate to make a formal complaint to the 'Office of Fair Trading' and also to 'Trading Standards'.

Furthermore, any attempted contact (other than to confirm that this matter is now closed) by any:

• "trading style" of the <Name of debt collector> group
• constituent member of the <Name of debt collector> group
• a third party acting on your behalf
• a third party that claims to have been legally assigned this debt

will result in an immediate complaint to the aforementioned regulatory bodies.

Also please note that any legal action you may consider will be FULLY and VIGOROUSLY defended, and you will be put to a strict proof of the alleged debt and any payment or acknowledgement that you claim within the relevant limitation period.

Furthermore, you may consider this letter a FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman. If you wish to correspond with myself with any other purpose than to confirm that this matter is now closed, then I require you to supply me with a written copy of your complaints procedure and a "final response" that I may forward to the Financial Ombudsman with my complaint.

This COMPLAINT is not going to go away and ignoring this problem could potentially make your situation worse. I therefore strongly recommend that you send written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I would appreciate your due diligence in this matter.

LynneC_3

Many thanks for your advice, I have been googling MH and found some interesting stuff...can't add the link though...

Also eventually found an email address...[EMAIL="pmackenzie&#64;mackenziehall.co.uk"]pmackenzie@mackenziehall.co.uk[/EMAIL]
So I have emailed the letter amended to my details and wait to see if they acknowledge. :rolleyes: