Mackenzie have responded!! - Bad News?

needuradvice

thanks dark convict.

I've also posted exactly the same question on CAG (http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/255273-hoping-someone-can-help-2.html)

The Site Team (who i assume is one of the experts) has actually said its good news as the debt was originally 1st credit's and if they passed it to Mackenzie, then that means they couldn't deal with it and now MH have failed too, therefore if its passed back to 1st Credit, its unlikely to be pursued further as all their options have been exhausted. At least thats what i think he's saying....

I'm gonna get to bed and i will chat tomorrow morning...take care and thanks for ur help.

DarkConvict

Just read the replies at CAG, all pretty much going along the same lines since the original posts, MacKenize are wrong, they are stuffed, FOS is baised, the debt is statute barred

GeorgeUK

I'm going to throw a twist in here.

The letter he sent to MH stated that the debt was statute barred and also included a section 10 request under the DPA for the to stop processing his data. If he send a similar letter to 1st Credit, will that make them less likely to try to pass it on again - or should we let sleeping dogs lie until they actually try to stir things up themselves?

needuradvice

Thanks Darkconvict & George

@ Darkconvict - Seems so, but i'm gonna contact NDL today and i will let you know what advice they give me.

GeorgeUK wrote: »

If he send a similar letter to 1st Credit, will that make them less likely to try to pass it on again - or should we let sleeping dogs lie until they actually try to stir things up themselves?

@ George - It was 1st credit who i sent my first SB letter to and thats when they passed the debt to MH, so surely if they send me a letter now, without any good reason, they are breaking the law?

GeorgeUK

So, if you sent a SB letter (which included a s.10 order), why did the FOS say the complaint was against MH?

It may actually be better to just leave it alone until they make a move. Hopefully they're as sick of this now as you are.

needuradvice

Because 1st credit immediately passed the debt to MH and they continued pursuing me.

I've just spoken to NDL. They also have said that it show MH have no proof that the debt is not SB and that most likely even if the debt is going to be passed back to 1st Credit, they will most likely not bother chasing the debt.

I'm thinking to contact the ombudsman and:-

1. tell him that MH wrote to me saying that they will investigate and forward some proof that the debt is not SB, so i would like to know the outcome of their so-called "investigation".

2. ask him to tell MH to remove my data from their system.
3. get him to give me their full offer in writing.

What do you guys think?

DarkConvict

1. tell him that MH wrote to me saying that they will investigate and forward some proof that the debt is not SB, so i would like to know the outcome of their so-called "investigation".

Would be nice to know there position on unlawful harassment, which is why i wrote the big section a few posts up

2. ask him to tell MH to remove my data from their system.

Yes, under DPA they have no need to continue processing it

3. get him to give me their full offer in writing.

What do you mean by offer....?

needuradvice

i hope your not going to mind, but i've just checked the copy of complaint that i originally sent to fos. I actually didn't just complain about MH, but also about 1st credit too!

Surely if this is the case, then the FOS should be dealing with both companies and not one?

DarkConvict

That would be correct. But i guess 1st credit quickly passed the buck so the main focus of the complaint is against MH.

I would write up a letter to send as a final response to the FOS and add in the FOS's final decision/response is now requested to bring closure to this complaint, with regard to.

* Key points of complaint

needuradvice

Just spoken to the ombudsman. I tried to push him to deal with 1st credit too as i told him that 1st credit is already mentioned in the complaint. He said that when i filled the form, i only wrote the address of MH as the business i want to complain about and in order to deal with a second business, i needed to use another form.

Again he finalised by saying that MH offer is that they will no longer pursue me and that the debt will be passed back to 1st Credit. He said that if 1st Credit then send me more letters, then i need to make a complain about them too. He said that the complain can be fast tracked to him, so it'll get dealt with a lot quicker (although i'm not sure if i'd want to use him again).

He lastly said that he's aware that the complaint isn't fully solved, but at least MH can now never come back and 1st Credit are the owners of the debt and only they can write the debt off. He said that I maybe better off writing a letter to them and asking them for a response.