Mackenzie Hall chasing my partner

Scrabbler_2

Hi all, this is my first time on here so please bear with!

My partner moved in with me last year and I informed the council as I claimed single person discount and she changed all her details to my address. After a couple of months she got a letter from a debt collection agency chasing debt and that they have being trying to find her. She was very upset and admitted to me this was true and I said not to worry and am helping her pay it off.

Last week she recieved a letter from Mackenzie Hall saying that they are looking for her and she needs to contact them ASAP. When I got home from work she was very, very distressed - due to the fact that she never told me about this second debt and Mackenzie Hall pretty much bullied her on the phone saying she can't pay it off in installments, they have agreed to drop it to £2,601 is she pays it immediatley and if she doens't, she may face prison. I was fuming knowing that all this was rubbish and you can't goto prison for credit card debt! I spoke to them on her behalf and told them that she doesn't work and the moment, she has no income, and can't afford to pay anything back, but I am willing to help out. They told me they would send people round, and I replyed as EVERYTHING is in my name, they haven't got a hope in hell of steping through my door.

They have now demanded full payment by the end of the month and I am trying my best to get the funds together to pay this debt off for her. She is very distressed over all this and has promised me there is no more debt!!
My point is, I have read a couple of threads on this company, and am thinking it is a bit niave of me to pay off this debt in one go? Should I ask for proof of the debt, as my partner does remember it, but has no idea how much it was for. Because I spoke to them on behalf of my partner, they pretty much ring me up everyday to check that I will still be paying the debt off. The last few days I have just ignored their calls.

Your help would be massivly helpful on this. If you need anymore info, just ask and I'll post it.

RAS

Hi

Please STOP.

Stop calling this mob or responding to any phone calls.

Stop trying to sort out any sort of payment.

Stop worrying about anyone visiting the house or prison.

Start by reporting MH to the OFT for haressment and unfair practices, for which they are already in special measures with the OFT.

Back with more practical information ASAP.

MyLastFiver

RAS will give you good advice about the money side of things, but also I think you need to look at the big picture of your relationship. It would appear your new partner has "skipped" (in the industry parlance) some debts which are now resurfacing as they find her. There may be more, there may not be, but how can you be sure she's being straight with you? She wasn't last time.

Because you are a nice guy you have responded to her "distress" by making yourself responsible for these large debts she ran up then ran away from.

Be careful, mate, be very careful. Debt. Chaos. Dishonesty. Manipulation. Dependency.

Those are your warning signs, right there.

Scrabbler_2

Thanks for the replys.

I will keep checking to see what advice is given by RAS and others.

MyLastFiver - thank you for your comment, however, I truly do believe her when she say's there is definitly no more debt. I have asked her to sign up to Experian so we can check out her credit report. Not to check up on her, but to what needs sorting.

MyLastFiver

Well then, good luck to you and fair play to you for helping her out.

Marthasdad

Hi - I'll leave it to RAS to gove you the practical advice - just wanted to say I've had some experience of these a*****les and they DO NOT play by the rules.

By stating she could go to prison, they are in direct breach of the OFT guidelines, which you can read here: - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

They tried to come after me for an ancient debt and they exploit people's lack of knowledge to try and collect money off you.

Listen to RAS and you'll be fine...!

rog2

Tell your partner, and yourself, to sit down - have a nice cup of tea and start to look at things in a more cool and collected manner.
She has just felt the full brunt of, probably, Britain's most despicable Debt Collection Agency, so no wonder she is upset.
A quick read through the many 'Mackenzie Hall' threads will show you just how these 'legalised thugs' ply their already dubious trade - they are, and there is no delicate way of putting it - simply evil.
So - what to do:

Firstly - don't worry about the phone conversation, that will not constitute any 'admission', on her part, or 'acknowledgement' of the 'debt'.

You/she needs to establish exactly what the 'debt' is for, whether it is 'legally enforceable' and whether or not MacKenzie Hall have the legal authority even to be pursuing her for this 'debt'.

You can do this by sending MH the 'prove it' letter that you will find on post 3 of the following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

Once MH give you FULL details of the 'alleged debt' we can advise as to her next course of action.

In the meantime, she should be aware that MH have 'broken every rule in the book' by making threats of prison and demands of 'immediate payment'.

MacKenzie Hall are supposed to abide by the Debt Collection Guidelines laid down by the Office of Fair Trading:

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

The fact that they have not, will come as no surprise to the majority of people here. You should e aware that MacKenzie Hall are, already, the subject of a 'compliance warning', by the OFT, for their behaviour and flagrant disregard of these Guidelines:

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

Tell her NOT to phone MH, and if MH phone her, then insist that they only contact her in writing.

gfplux

What does Experian say.!

RAS

Scrabbler

rog2 has given you the relevant links.

I would add:

1. You should probably get her equifax reprot as well, as those 2 cover 95% of debts records.

2. I would suggest that your GF write down as best as she can NOW what the MH representative told her. As you have gathered the person to whom she spoke is a lying !!!!!! but I suspect that they said "could lead to.. " or "take legal action that might include...." despite the fact that the suggested penalties are not legally possible or only applicable in extreme circumstances.

Contemporaneous records have much more value. Once you have the response from MH, make a formal complaint to MH and copy in the OFT, refering to the OFt Guidance above.

Please come back when MH respond, as it would not be at all surprising if the debt that they are chasing is legally unenforceable and your GF does not have to pay. Just MH hope to panic her and now you into paying before you get legal advice.

Scrabbler_2

Rog2 - thanks for your advice, even though it is not my debt, I feel like they are after me! They have called my mobile 4 times today already.

I have amended the 'prove it' letter and will send that off to them and see what reply I get. Just an insight into what they are like with me, remebering that I said I would fully help my partner and I offered them 4 payments of £650 - they said they are bigger fish than that to deal with little fish like myself and I should stop insulting them and I have no option as to pay off the debt in one payment!!

Anyway, I will send the letter off today.

gfplux - we are waiting for the security code to come throught the post from CreditExpert before we can check the history. Only applied yesterday for her.

Scrabbler_2

Thanks to RAS as well, we must have crossed message as it looks as though I ignored you!