Mackenzie have responded!! - Bad News?

DarkConvict

Sometimes you just need to apply a little pressure to make a DCA actually do what is right, but you are correct they may just decide to ignore it. However any attempt at court action would be foolish as needuradvice can submit the Limitation Act as his defence. If they do bring proof he can then in court state it was never given to him and needs time to prepare a new defence or arrange a payment plan.

needuradvice

Thank u very much DarkConvict and magpiecottage.


@ magpie - thank u, i'll add the mention info in the complaint too, although i'll also be sending the photocopies of everything i've had or sent so far, so that they know what is happening.

@ darkconvict - Thanks mate. I am more than happy to send your letter off to them, but my biggest concern is to make sure that no wording on the letter is incorrect or somehow an acknowledgement of debt as NDL told me I have to be very careful with this.

Could someone kindly confirm that darkconvict's letter is okay for me to post and if not, pls tell me what needs correcting. I'm still going to also wait for the SAR letter from NDL to send off too. This way i can show the FOS and Courts that i have tried everything to solve this issue.

RobertoMoir

needuradvice wrote: »

Thank u very much DarkConvict and magpiecottage.


@ magpie - thank u, i'll add the mention info in the complaint too, although i'll also be sending the photocopies of everything i've had or sent so far, so that they know what is happening.

@ darkconvict - Thanks mate. I am more than happy to send your letter off to them, but my biggest concern is to make sure that no wording on the letter is incorrect or somehow an acknowledgement of debt as NDL told me I have to be very careful with this.

Could someone kindly confirm that darkconvict's letter is okay for me to post and if not, pls tell me what needs correcting. I'm still going to also wait for the SAR letter from NDL to send off too. This way i can show the FOS and Courts that i have tried everything to solve this issue.

I can vouch for DC, for whatever my opinion is worth to you. Their advice is of a very high quality whenever I've seen it, and it's clear they've spent a fair amount of time helping you in particular so you've got help from someone who understands the ins and outs of your position. The letter looks great to me.

never-in-doubt

RobertoMoir wrote: »

I can vouch for DC, for whatever my opinion is worth to you. Their advice is of a very high quality whenever I've seen it, and it's clear they've spent a fair amount of time helping you in particular so you've got help from someone who understands the ins and outs of your position. The letter looks great to me.

I concur.

At the end of the day, the wording 'Without Prejudice' is not necessary in this instance being it will never see the inside of a court room, a SAR is irrelevant if you know you have the correct dates, just because someone rings and asks for you whetever does not constitute admitting liability to the debt and issuance of a SAR at this point is a wasted journey and will provide you with nothing extra.

Send DarkConvicts letter as is, do not worry about any admissions within it, the debt is already statute barred and the fact the DCA are ignoring this is grounds enough to treat them with the same contempt - basically send the letter and ignore anything else you get from them.

The default is another matter, this will drop off 6 years from default date, so not too long to wait for that but whatever you do you must not agree to repay anything.

Otherwise, just forget about them - they cannot take any action against you and they are, in essence, harassing you.

woody01

needuradvice wrote: »

thanks darkconvict.

if i made a complaint to the OFT and its successful, can i claim compensation off them for harassment?

Oh come on.........
Its an interesting thread and you spoil it with that.

never-in-doubt

woody01 wrote: »

Oh come on.........
Its an interesting thread and you spoil it with that.

:rotfl::rotfl::rotfl:

Maybe at best the FOS will fine the DCA £500 for being slack and throw in an offer of £50 to go away but still, rather cheeky you must admit


edited - typo

magpiecottage

never-in-doubt wrote: »

:rotfl::rotfl::rotfl:

Maybe at best the OFT will fine the DCA £500 for being slack and throw in an offer of £50 to go away but still, rather cheeky you must admit

No - OFT will simply collect the information and, if they get enough complaints, might do something about it.

By comparison, FOS can make legally binding awards and does (see here).

It also publishes statistics about firms which have more than 30 complaints against them in 6 months and the OFT will take far more notice if FOS raises concerns about the behaviour of a DCA than if you do.

never-in-doubt

sorry meant to put FOS! I am aware of this you know - i'd have thought you'd have known it was a typo or did you think I am new to this mallarky? lol

needuradvice

well thank u for ur advice and help guys. I have filled in the FOS complaint form and printed it and will send it off tomorrow with the photocopies of all paperwork i sent and received so far.

now i know some of u said its unlikely that i can get compensation off mackenzie, but let me tell you that i actually suffer from severe depression and i've already mentioned this on the FOS complaint form. I'm wondering if i can add this information to the darkconvict's letter of complaint, so that if they continue harassing, then i have good grounds to fight a claim against them...what wording shall i use?


Oh, bte here is the word screenshot of darkconvict's letter:-

needuradvice

hi guys,

today i've had a reply to my second letter of complaint that DarkConvict told me to send. I'm beginning to worry if i've done the correct thing

FINAL RESPONSE

Further to your letter, dated 22/02/2010 the contents of which we have noted.

I can confirm the Mackenzie Hall has fully completed our internal investigation and I am in a position to further clarify the following:

I feel it prudent at this stage to confirm that your account defaulted on the 01/06/2004. This is not the date that a default was placed on your credit file but the actual date where your agreement defaulted. As a result we believe this information to be correct and not misleading in any way shape or form.

We shall be requesting documentation from our clients which we believe will prove your liability in this matter beyond any reasonable doubt.

Your account remains on hold until we are in receipt of said information.

Then a paragraph mentioning that if i'm not happy that i can contact the ombudsman with six months from the date of this letter....

Is it the end of the road for me??? What shall i do now?