Mackenzie have responded!! - Bad News?

confused90

Didn't i read a few posts back that if the date they say you defaulted is correct then you are 3 months off being SB?

If this is the case i'd hazard a guess that your account is already SB because most banks and major credit card companies don't default you untill there have been at least 3 clear months of non payment and some cases more.

Plus makenzies letters are not consitent as they appear to be quoting the date the default was registered in the previous letter then in the last letter cliam that this is the date you last made a payment, they also say they are sure that their details are correct but then state they are requesting more information from their clients.

surely in order to have provided you with such a definate response they have already reviewed all the associated documents and payment records? so what are they asking their clients for?

Sounds like they are just trying to scare you into admiting the debt and Never in doubt is right, all you should be doing at this point is waiting untill they come back to you, my guess is that will be on the 12th of never.

just wait it out then post back if ever they do respond, other than that file and forget.

never-in-doubt

confused90 wrote: »

file and forget.

That's the exact same advice from me matey - spot on! :T:T

DarkConvict

Yes, consistently is the issue here with them.

They state the debt is not SB due to the default date.

Reply with this is not true, default date doesnt affect SB.

They reply saying the default date provided is the date of last payment (the actual default) not the one on the credit file but will contact lloyds to confirm. Well they wouldn't need to contact lloyds to confirm as they apparently already know the date of last payment. But if they are contacting to confirm they obviously used the date on the credit file.

I would say they found a date less than 6 years old and were giving it ago, but now they have a response clearly showing the person they are trying it on knows better, they are trying to defend their corner. If Lloyds confirms last payment was over 6 years ago McKenize are indeed fools trying it on.

needuradvice

Thanks for ur help and reassurance guys. I need to get a few things straight. I took out the debt in late 2001/early 2002. I must have paid off no more than about 3 payment and at most 6 monthly payments. This would have taken my last payment to at THE VERY MOST end of 2002, so i know their coming out with a load of b*ll*cks! But the way these leeches write the letter worries you, especially after adding in Darkconvict's letter that i'm a person with ill-health and sending it to them.

I know many of you say that i should simply wait and not to worry if they don't respond as its most likely SB already and 99% of me says ur advice is spot on. But I keep getting these awful thoughts in my head that i go and buy a new home with my family thinking everything is fine and then BOOM, a letter comes through the post saying "We have now found the prove, blah blah and that you have a CCJ" or something along the lines and then i'm in the deep crap. This is why its so so important that i get a response from mackenzie to say that the account is now closed etc.

I still have 2 other debts with less charges for which i sent a SB letter to 1st credit at the same time i wrote about this main debt (30-01-10). and i never received a reply about them....what should i do about them? Shall i ask 1st credit about their response?

10past6

needuradvice wrote: »

But the way these leeches write the letter worries you

That’s there intention

Should you have any further contact with these muppetts, address your letter “Formal Complaint” any reply from them to your complaint should state: “This is our final response on this issue” you require this wording prior to seeking adjudication via any regulatory organisation.

DarkConvict

^^

Agreed to the above by 10past6, i have heard they are much worse on the phone. People worry about money if they are honest enough to deal with it, and they prey on the fact you are willing to enter into communication with them.
Sit down, hold tight.

needuradvice

thanks 10past6 and Darkconvict. I will await for mackenzie to reply. Meanwhile what should i do regarding the other two debts? I sent 1stcredit 3 SB letters - one for each debt and the only one i've heard from this mackenzie debt...the other two i'm still waiting for a reply.

Anyway of getting them to respond?

DarkConvict

Some creditors will respond with a thank you telling us we will close your account, some won't reply at all.
Some will be like McKenize, and some will actually prove it is not statute barred.

If it has been a few weeks, they may have decided not to reply.

GeorgeUK

Hi needuradvice, was looking out for your previous thread - didn't know you had started a new one.

Any news on this?
Have they come forward with any proof that the debt is not statute barred?

Might be worth showing the folks what your SB letter to them said. It was a little more than the normal SB letter and i'm pretty sure their out of time for your section 10 request to stop processing your data.

anti_she

Hi there,

completely newbie but with interest read the MH thread.
My situation is followin

Barclaycard from 2001 also. Debt was bought by Cabot (and defaulted on my credit file in January 2004. In january this year - the debt disappeared from my Experian and Equifax records. Month later I received a letter from MH to which I didn't have time to reply, and today a 'text message' on my home number to contact the,.

I was going to sent them a letter about SB debt after receiving their letter but finally did it today.
I sent also email to the address on their letter - cabot/at/mackenziehall.co.uk


The letter is the standard one, taken from the NDL website.

WITHOUT PREJUDICE
Dear Sir/Madam
Reference No:

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.
I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".
I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".
The last correspondence of this debt was made over six years ago and no further acknowledgement or payment has been made since that time and therefore the alleged debt is statute barred. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court or other action against me to recover the alleged amount claimed.
The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".
I would also point out that under the requirements of Office of Fair Trading imposed on you as of 15 April 2009, where MacKenzie Hall LTD has been informed in writing that any debt is statute barred, Mackenzie Hall Ltd will not carry out any debt collection activity.
I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
I look forward to your reply.

I just added the bolded text myself after findin the info on the OFT website.

Also I found an info about default debts here: (cant post the link)
ico/dot/gov/dot/uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

page 6, pt 11 says:

Accounts should normally be filed as being in default where those payments due have not been received for six months.

Also, page 10 and 11 - point 21 - Arrangements to pay
interesting reading