Mackenzie Hall chasing my partner

Chompina

Thank you for all your help. I can't wait to get rid of these people, I hope the letter works.....fingers firmly crossed!

Scrabbler_2

Hi everyone,

Well, after sending the 'prove-it' letter and the telephone nusiance letter, Mackenzie Hall rang my partner and started shouting at her down the phone asking who advised her to do this. It left her very shaken, but she just kept replying, "comunicate via writting" and just kept repeating it. I said she did right!?

This morning she received a letter off them by recorded delivery. This is what it had to say :

Dear XXXXXX,

We are writing to you in response to your letter that we recieved on 31/07/09. In this letter you claim that you have knowledge of such a debt and that you are not liable for any debt.

We have records on our accounts of several conversations with your and a third party named XXXXX (me). One of these conversations as with our members of management where you agreed to pay a full and final settlement on the account of £2,601. During this call there was an attempt by XXXXX (me) on you behalf, to make a down payment on the account by AMEX, which our system does not take.

An agreement was reached by you to pay this in full and final settlement by the 31/07/09 and this date has now passed without payment by yourself. You have previously admitted and accepted liability of said debt and as the settlement offer has now lapsed PAYMENT IN FULL of £3,468 is now due on the account.

They haven't done anything the 'prove-it' letter has asked in giving proof and details of the debt.
I'm wondering now what our next step should be?!

Thanks in advance.

Scrabbler_2

Quote, "In this letter you claim that you have knowledge of such a debt and that you are not liable for any debt."
That should have read 'In this letter you claim that you have no knowledge...."

Marthasdad

Stand firm!

1. Telephone conversations are not admissable as evidence (unless they are recorded and the caller has been advised in advance that the telephone conversation is being recorded).

2. Deny all knowledge of the conversation and any attempt to make payment.

3. They should not have discussed the debt with you as you are not the account holder.

4. They are in breach of OFT guidelines by harrassing your partner on the phone, when you have written instructing them to communicate in writing only.

5. This lot are a bunch of ar"$%&(^es and will always try and bully people into paying - acknowledgement of a debt can only be by way of a written admission of responsibility for the debt and/or a payment made to the account (which implies admission).

I hope this helps - I am not a legal expert, but do have experience of dealing with MH and I found that standing firm made them go away - they are trying to scare you into making a payments and admitting the debt - if the debt is statute barred and they go to court - they have no evidence of admission.

Good luck and keep us updated!

rog2

Scrabbler wrote: »

We have records on our accounts of several conversations with your and a third party named XXXXX (me). One of these conversations as with our members of management where you agreed to pay a full and final settlement on the account of £2,601. During this call there was an attempt by XXXXX (me) on you behalf, to make a down payment on the account by AMEX, which our system does not take.

Any 'agreement' that you/your partner may have, unwittingly, made on the phone will count for absolutely nothing if the 'alleged debt' is Statute Barred, since any acknowledgement, by the debtor, must be in writing and within the Limitation Period - i.e within six years of either the last payment, by the debtor, towards the debt or the last date that the 'debtor' acknowledged the debt in writing.

Remember that, at this stage, it still needs to be established whether or not the 'debt' is, indeed, Statute Barred, but since MacKenzie Hall get their kicks by frightening the unwary among us into paying them money that would, legally, not need to be paid (a bit like pulling legs off of spiders), my guess is that this debt is, indeed, legally unenforceable.

I would send them another copy of the 'prove it' letter - this time attaching a copy of the OFT requirements.

Also, in the first instance, report their behaviour to Trading Standards.

Jesthar

Scrabbler wrote: »

Hi everyone,

Well, after sending the 'prove-it' letter and the telephone nusiance letter, Mackenzie Hall rang my partner and started shouting at her down the phone asking who advised her to do this. It left her very shaken, but she just kept replying, "comunicate via writting" and just kept repeating it. I said she did right!?

Absolutely! :T In fact, they have actually broken the trading standard stuff by phoning her after receiving such a letter, so report them to the OFT asap, as they are already in trouble with them over this kind of tactic as it is...

Scrabbler wrote: »

We have records on our accounts of several conversations with your and a third party named XXXXX (me). One of these conversations as with our members of management where you agreed to pay a full and final settlement on the account of £2,601. During this call there was an attempt by XXXXX (me) on you behalf, to make a down payment on the account by AMEX, which our system does not take.

An agreement was reached by you to pay this in full and final settlement by the 31/07/09 and this date has now passed without payment by yourself. You have previously admitted and accepted liability of said debt and as the settlement offer has now lapsed PAYMENT IN FULL of £3,468 is now due on the account.

Oooh, the deceitful swine! Verbal doesn't count, it has to be acknowledge in writing! :rolleyes: So they are still up a certain creek without a legally enforceable paddle...

~Jes

clarence83_2

Absolutely shocking behaviour, I cannot help in any way, but just wanted to say that I can't believe they are acting like this, once of the worst cases of harassment I have seen.

RAS

Scrabbler wrote: »

Hi everyone,

Well, after sending the 'prove-it' letter and the telephone nusiance letter, Mackenzie Hall rang my partner and started shouting at her down the phone asking who advised her to do this. It left her very shaken, but she just kept replying, "comunicate via writting" and just kept repeating it. I said she did right!?

Well done OH. I hope thy have not rung back. Report them to the OFT.

They will be well !!!!!! off that they have not been able to get the money out of you before you found out the law.

Send the prove it letter with the OFT Guidance to MH attached.

Scrabbler_2

Right!!

Just reported them to the OFT. They are on the ball with it as well.

Regarding the OFT guidelines, which one should I send with the 2nd prove-it letter:

The OFT Guidelines on Debt Collection

or

The OFT Guidelines relating to MH and their requirements as of 15 April 2009.

I really want to thank everyone who has helped. It's been very upsetting for my partner and also for myself to see her like this. Reading through other threads and the help from everyone on here, it's made it so much more bearable.

They still haven't told us/her what the debt is for! I will keep you posted on the outcome.

Scrabbler_2

Ah RAS - I have just re-read your reply and will send the OFT guidence to MH with the prove it letter.

Thanks