Mackenzie have responded!! - Bad News?

DarkConvict

I would say im not liable for the debt so i do not care who it is assigned to as it will have no bearing, the complaint is against MH for there actions will you the FOS do anything to discipline the company to encourage them not to do it in the further with there clients, the OFT has already had no choice but to do the same http://www.oft.gov.uk/news/press/2009/44-09.

GeorgeUK

I agree - tell him that you will not withdraw the complaint.
Might as well get some work out of him.

Either way, MH will not be taking this further (they can't).

needuradvice

thanks for your advice guys. I spoke to him and according to him, a debt is not SB if the debtor is deliberately avoiding the debt agency. He told me that MH have explained that they are simply collectors of debt and the original debt agency is 1st credit who are the sole owners of debt, so they are the only ones who can write-off the debt.

He said that he is not there to decide if a debt is SB though, but only can give an opinion to a problem to try to resolve a situation.

National Debtline + CAG website have also told me to accept it if its in writing.

DarkConvict

I would go with CAG then, they know the legal processes better in my opinion, im sure they have fought p against the FOS several times.

needuradvice

thanks darkconvict.

I'm going to wait for the offer in writing. I will most likely accept it and then its simply a matter of wait-and-see approach...hopefully this should be the end of this matter and if not, i'll be back here to ask your advice.

I thank you and everyone else so much for all the help and advice you have given me. I really do appreciate it and thanks to you guys, i'll have a much more peaceful life. Because of you guys, i've learnt to stand up to thug debt companies like MH and 1st Credit.

THANK YOU ! ! !

Take care and god bless

needuradvice

hello again everyone,

hope you had a good weekend. I've just received the ombudsman letter and would like to run everything past you guys, before i send a reply back.

Here are the two pages of the letter:-

PAGE 1




PAGE 2



Please could you let me know ASAP what you guys think and what you recommend i do.

I eagerly look forward to your replies

Britwife

I'm wondering why they are passing the debt back to the original creditor instead of just writing it off since it is statute barred.

Would that mean that you will have to go through this again? Didn't you say that you sent a statute barred letter to the original creditor?

Also, the offer, is that just to stop chasing you for the debt and giving it back to the original creditor?

This whole mess has been bizarre. I still haven't heard anything back from MH but if we do, we will have to send the statute barred letter as well and I dont' really want to have to go through this mess.

Thanks so much for keep us up to date on all this, it's all been very helpful.

needuradvice

hi britwife,

the excuse that MH have presented to the adjudicator is that the debt is not owned by them and that 1st credit have told MH to collect the debt on their behalf.

The adjudicator has said that for this reason, MH have said they can't prove if the debt is SB or not and can't write off the debt as only 1st credit can do this and this is why the debt has to be passed back to 1st credit.

I'm beginning to smell something fishy too and most likely I may get 1st credit chasing me instead now, although i did send a SB letter to 1st Credit too.

How long has it been since u got a letter from MH?

Britwife

It's been over a month, they demanded we pay by 22 March.

Hopefully, 1st won't chase you seeing that they should already know it's statute barred.

GeorgeUK

To get this out of the way, it may be best to just accept - it's preetty clear that you aren't going to get any joy from that particular adjudicator anyway.

If 1stCredit do try to do something, they will require proof as you have stated that the debt is SB so they should not be passing it on to another party to collect on their behalf. They may sell it though, but any company can do that.