MackenzieHall - Help!

garthomas

Good Evening,

I have today recieved a letter from mackenziehall for an amount outstanding of £324.00 which was borrowed from QuickQuid some months ago.

I have recently taken control of my finances and entered into a debt management plan with my creditors (advice taken from payplan but debt management plan managed by myself).

I telephone them to make an offer of payment for an amount I could afford, however the lady was rude and told me that legally I have to pay the full amount, and that they would not accept the amount I offered! The lady then asked for my employers name which I refused to give, but she told me she has my National Insurance number and that they would contact my employer and then she hung up - RUDE!

I am planning to send the following letter to them tomorrow and was looking for your suggestions on if I should add/remove anything:

" I telephoned your office this evening with regards to the above outstanding account.

I asked if I was able to make “offer of payment” due to currently entering into a debt management plan with my creditors on the advice of pay plan.

The lady I spoke to was abrupt and told me that I had to pay the amount in full and if I didn’t legal action would be taken against me, the lady also advised me that you had my National Insurance number and would contact my employer to seek the monies owed.

I would like to draw your company to the OFT Debt Collection Guidance and the following statements listed within this document:

Unfair Business Practices, Section 2.4 B:

“Falsely implying or stating that action can or will be taken when it legally
Cannot, for example, referring to bankruptcy or sequestration proceedings
When the balance is too low to qualify for such proceedings or claiming a
Right of entry when no court order to this effect has been granted”

Unfair Business Practices, Section 2.6 G & F:

“Pressurising debtors to pay in full, in unreasonably large instalments,
Or to increase payments when they are unable to do so”

“Making threatening statements or gestures or taking actions which
Suggest harm to debtors”

I also request that you do not contact my employer as I have not given you permission to do this and you are not legally entitled to do this, only the courts has the power to issue an “attachment of earnings order”.

On conclusion of the above and on the advice of Pay Plan & Consumer Credit Counselling Service I request that you accept a monthly amount of £20.00 in order to clear the balance.


I have also forwarded a letter to the OFT advising them of the service I have encountered this evening by Mackenzie Hall.

I look forward to receiving your reply "




Thanks for your advice !!! :T

thefoolonthehill

not sure they care that the lady you spoke to was rude.

she said you are legally obliged to pay the money back - this is what you are trying to do!

I do not think they have any right to contact your employer and even if they did i cannot see that they would be allowed to deduct funds from your wage without your consent.

MH and orther DCA try to bully people into paying more than they can afford. they will most likely reply to your letter with a letter threatening court action. This letter will emntion they MAY take legal action to gain an attachment of earnings, a CCJ, a charging order or may send bailiff round to seize goods.

pay what you can even when they say they will not accept it - i bet they wont send the 20 back to you!