Mackenzie have responded!! - Bad News?

needuradvice

hi george and anyone else who can help me....

here is the letter i'm gonna send....let me know as i've slightly tweaked some of the letter and don't want any wording that may say that i admit the debt. So what do you think? Do i need to add anything else such as the dates of the FOS outcome etc?

@ George - I'm gonna check the credit report once more sometime today and let you know.

xxxxx
xxxxx
xxxxx
xxxxx

April 20, 2010

1st Credit Ltd
PO Box 278
Reigate
RH2 7WB

* * * * * * FORMAL COMPLAINT * * * * *

Your Ref: xxxxx
Mackenzie Hall Reference: xxxxx

Dear Sir / Madam

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

It is with regret that I find myself writing to you again regarding the above statute barred debt. I have previously sent you a letter (sent on 01/02/2010 via recorded delivery and received by 1st Credit on 03/02/2010) stating that the debt is statute barred under the Limitation Act 1980 but you have not replied or countered this.

You instead actioned Mackenzie Hall to collect this debt on your behalf. I can now confirm that after my successful complaint against Mackenzie Hall and a Financial Ombudsman investigation, this account will be passed back to you in a matter of days as Mackenzie Hall have agreed to no longer pursue this debt and will close this account.

You will also note in my previous letter that it included a Section 10 notice under the Data Protection Act which requested you stop processing my data as you have no reason to retain this. As you have failed to do this I have no choice but to report you to the Information Commissioners Office and the Financial Ombudsman Service unless this matter is settled to my satisfaction within the next 14 days.

Since your company, 1st Credit is the original debt owner, I require that you provide confirmation that the debt is statute barred and that my data will be removed from your systems. If you feel that the debt is not statute barred, then I require documentary proof of this. If you fail to do this or continue pursuing me via your own agency or pass this unenforceable debt to any other 3rd party agency then I will report you to the regulatory bodies without hesitation.

I look forward to your response within 14 days that this matter is now closed, otherwise I will have no other option, but to complain against your company as well as a claim for compensation.

Yours sincerely

xxxxx

needuradvice

hi guys,

Since sending the above complaint letter, i've received what seems to be a bog-standard response reminding me of the complaint procedure (SEE BELOW).

I'm thinking of phoning these guys and giving them a mouthful or emailing a copy of the letter below to the FOS, as these idiots are not solving this issue :mad:

needuradvice

Sorry as i now realise that the 1st credit letter above was just 1st credit telling me how to follow the complaints procedure.

Let me update you what has happened since then:-

1. I waited for a short period since the above letter and then decided that i could wait no longer and so i sent my 2nd complaint to the FOS on friday.

2. Although the FOS haven't looked at the complaint, today i have received 1st credit's final response (see pic below) which says that they have put my account on hold until they find out if my a/c is statute barred:-



What should i expect to happen next and how long should i expect to wait?

DarkConvict

You wait until you get a response, basically the account is on hold until they hear back from lloyds.

needuradvice

thanks darkconvict...i'll let u know when i get any updates.

take care

cya

needuradvice

Hello again guys. I don't know if this is bad news or good, but I've received an FOS letter today, which seems to point on one hand that 1st credit have "closed the file, due to no information found", but on another hand, they have also written that 1st credit have stopped pursuing, "unless further information is found in relation to the agreement.

Also there is a mention of a letter that i'm supposed to have received on the 18th may 2010, yet i received nothing.

Please let me know what you make of it all:-

Page 1



Page 2



Please let me know ASAP what you guys make of it.

Thank You

needuradvice

Huh? No replies? Can anyone see my posts?

DarkConvict

FOS basically don't want to get involved. They will not award compensation for harassment unless it has been taken to court and the courts confirm them it is statute barred, and told 1st credit not to pursue!

The FOS are been lazy since the law on statute barred is fairly simple they could handle it, but refuse to do so.

needuradvice

oh hello darkconvict...heh for a minute i thought no one could see my posts. Thank u for ur reply. My problem is that clearly 1st credit are stating that they have found nothing, hence they have closed my file, so surely they have no right to keep my data? Mind you if u look at their previous letter, they stated that they don't have to as Schedule 2, Section 2(a) of the DPA says they don't. However now that they don't have any info on the debt, surely i should be able to force them to get rid of the data or is this still not the case?

GeorgeUK

I would look at this from a different angle.

Did you send 1st Credit a section 10 request under the data protection act?
If so, then if this debt is statute barred and you have informed them that you will not be paying it - they have no reason to hold or process your data. Also if they have the account and default still showing on your credit file then they are are in breach of the data protection act for processing incorrect information.

Have you complained to the ICO about them?