Mackenzie Hall chasing my partner

RAS

Scrabbler wrote: »

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!!

As I said, this suggestd that the debt is unenforceable.

The whole point is that legally the debt exists BUT the law, the courts and the OFT take the view that it is not acceptable for the creditor to pursue it. Both MH and 1st Credit have been given guidance by the OFT that if they pursue unenforceable debts, they risk a £50K fine or losing their licence.

However if you choose to pay, there is no recourse to reclaim the money. So they want to get it out of you before you find out that the debt is unenforceable.

rog2

Scrabbler wrote: »

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

That, in itself, is against the guidelines - the 'debt' is not yours and they must not pursue you for payment of it.

They are behaving in a despicable, though not surprising, manner and, in addition to sending the 'prove it' letter, you should, very seriously, consider reporting their behaviour to the OFT/Trading Standards.

RAS

rog

Do you get the feeling that MH are getting worse, if anything, since their boolocking from the OFT. As if they are trying extra hard to get income from any source that is not strictly banned by the OFT guidance?

That is my sense over the last 2/3 weeks.

Jesthar

Scrabbler wrote: »

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.

Well, thats a whole heap of illegality right there!

Hmm, don't suppose your phone has a 'record' function, does it? As long as you say something like 'please be aware this call is being recorded for quality control purposes', you should be fine legally to do that, and it would be VERY nice evidence of their misconduct. And if you give the warning, it would be admissible in a court of law too, I think...

Now, I think you two need a good laugh after all this, so behold, I give you the legendary zincoxide and his 'Having fun with Debitas' saga:

http://forums.moneysavingexpert.com/showthread.html?t=741653

He recorded the calls, which is where my thoughts came from (Debitas are another company in the Mackenzie Hall league). Please note it is advisable to go to the loo before reading that thread...

~Jes

Fire_Fox

Ooooohh read the Zincoxide thread with your partner - you will be crying with laughter soon enough. :rotfl:

rog2

RAS wrote: »

rog

Do you get the feeling that MH are getting worse, if anything, since their boolocking from the OFT. As if they are trying extra hard to get income from any source that is not strictly banned by the OFT guidance?

That is my sense over the last 2/3 weeks.

Couldn't agree more, RAS:

http://forums.moneysavingexpert.com/showthread.html?t=1834147

Scrabbler_2

Thanks for the replys.

We read through the telephone conversation and made us feel a whole lot better! Very funny!

When I spoke to MH for the first time last week, I attempted to pay a gesture payment of £200 on my Amex card, but they don't take Amex and tried putting it through anyway which failed, so I said I'll think of something else. Now I haven't actually paid them anything, but was wondering if this affects the 6 year rule as I attempted a payment?

Also, they have rung me 5 times this morning already, from 3 different phone numbers. God knows how many time they must have rung the OH.

My phone is a Blackberry Bold - does anybody know if these have a recording function on them?!

Thanks everybody!

rog2

Scrabbler wrote: »

When I spoke to MH for the first time last week, I attempted to pay a gesture payment of £200 on my Amex card, but they don't take Amex and tried putting it through anyway which failed, so I said I'll think of something else. Now I haven't actually paid them anything, but was wondering if this affects the 6 year rule as I attempted a payment?

Don't worry, Scrabbler. Telephone calls will not count as an 'acknowledgement of the debt.
ONLY written acknowledgement, within the limitation period, can 're-start the clock.
To clarify - even if you/your partner had acknowledged the debt, in writing, or made any payment towards it, providing that a period of six years had elapsed since her last payment/written acknowledgement, this would not alter the status of the debt in any way - it would, and will, remain Statute Barred for ever, and, therefore, unenforceable through the Courts.

rog2

Scrabbler wrote: »

When I spoke to MH for the first time last week, I attempted to pay a gesture payment of £200 on my Amex card, but they don't take Amex and tried putting it through anyway which failed, so I said I'll think of something else. Now I haven't actually paid them anything, but was wondering if this affects the 6 year rule as I attempted a payment?

Just another thing, scrabbler:

When your partner writes to MacKenzie Hall, get her to print off a copy of the following link, and staple it to the Statute Barred letter:

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

It is the actual OFT document 'requiring' that MacKenzie Hall comply with their guidelines concerning disputed and statute barred debts. Since MH have, so openly, chosen to ignore these requirements, a 'reminder' will not hurt.

Scrabbler_2

Thanks rog2 - unfortunalty we sent the letter off last night, recorded delivery so they should have it this morning. We'll see what reply comes off that. I am in the process of seeing how to complain on the OFt website. Also, looking at the letter about phone harrassment, as its really beginning to p*ss me off now that they keep ringing me every 30 mins. I spoke to the OH at home and they have been ringing her all morning.

I am very tempted to answer and tell them 'only in writing' or try out a few lines from the funny phone conversation thread, but I'm sure it's best if I just ignore!