mackenzie hall - next stage

jontwosat

can some wise one help me?

I like many others have recieved the rude letters and postcards from MH. I used the forums template and sent the statute barred letter. It would seem that they simply ignored it.
Today I received a "caring in time of recession" type letter. Still demanding the same debt be paid.
This debt is probably 16years old with no payments made for 15years and no contact for I would guess 12 years.

my question is do I write again or do i ignore it?

always grateful for any advice

Britwife

Make sure you send any mail as recorded so you know they have it and print out the proof. If they continue to harrass you then follow the steps listed here.

http://www.insolvencyhelpline.co.uk/debt_factsheets/harassment_of_people_in_debt_by_creditors.php#3

MH are pond scum, whatever you do, don't speak to them on the phone.

jontwosat

I didn't send the letter recorded.

Should I re-send it?

thanks for your quick reply btw.

fermi

To Mackenzie Hall..........

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

Acc/Ref No: *******************

FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman.

Thank you for your letter dated xx/xx/2010, the contents of which are noted.

On xx/xx/20xx I wrote to Mackenzie Hall regarding a debt that was alleged to be owed by myself.

In this letter I pointed out the following items:

1) 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".

2) 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".

3) The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. 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 action against me to recover the alleged amount claimed.

4) 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".

Therefore it is clear that your original contact regarding this debt may well have been in breach of the Office of Fair Trading Guideline referred to in item (2).

Furthermore, your second letter is in breach of Office of Fair Trading Guideline referred to in item (4) and directly constitutes harassment.

As you are no doubt aware, breaches of the OFT's Guidance on Debt Collection are treated seriously by the OFT when considering your fitness to hold a Consumer Credit License.

In particular the OFT has stated that:

The Consumer Credit Act 1974 (the Act) requires debt collectors, businesses that offer goods or services on credit and/or are involved in activities relating to credit or hire to be licensed by the OFT. Following implementation of the OFT's new powers under the Consumer Credit Act 2006 on 6 April 2008, the companies could also have specific 'requirements' imposed on them by the OFT. If such a requirement was not complied with, the business concerned could be subject to a financial penalty of up to £50,000. The OFT can also refuse or revoke a licence if it decides that a trader is not fit to hold one. The OFT can take into account any circumstances which appear to be relevant when considering the fitness of an applicant or licensee, including evidence that the company has contravened the Data Protection Act 1988.

Furthermore, that the OFT has recently enforced their guidelines by placing a legal requirement on Mackenzie Hall Ltd to cease pursuing statute barred or disputed debts.

Therefore I wish to formally notify you that unless I received confirmation that this matter is now closed, then I will not hesitate to make a formal complaint to the 'Office of Fair Trading' and also to 'Trading Standards'.

Furthermore, any attempted contact (other than to confirm that this matter is now closed) by any:

• "trading style" of the Mackenzie Hall group
• constituent member of the Mackenzie Hall group
• a third party acting on your behalf
• a third party that claims to have been legally assigned this debt

will result in an immediate complaint to the aforementioned regulatory bodies.

Also please note that any legal action you may consider will be FULLY and VIGOROUSLY defended, and you will be put to a strict proof of the alleged debt and any payment or acknowledgement that you claim within the relevant limitation period.

Furthermore, you may consider this letter a FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman. If you wish to correspond with myself with any other purpose than to confirm that this matter is now closed, then I require you to supply me with a written copy of your complaints procedure and a "final response" that I may forward to the Financial Ombudsman with my complaint.

This COMPLAINT is not going to go away and ignoring this problem could potentially make your situation worse. I therefore strongly recommend that you send written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I would appreciate your due diligence in this matter.

jontwosat

wow.
thanks for that.

way more help than i expected. thank you very much.

Britwife

Fermi is good! I think I'll save that one. MH have sent us a few letters for a statute barred debt that isnt even ours. I'm sure they aren't done and will keep this topic for future reference.

Thanks Fermi!

jontwosat

just as a follow up. Mh never replied , haven't been hassled since.

FTW

If you hear from MH, or any other DCA for that matter, once that letter's received at their end, refer the matter to the OFT Consumer Credit Licence fitness section.

Continued pursuit of Statute Barred debts is a no-no.

bottleofred

Hi Jontwosat,

As you've now realised, muck hall are a bunch of agressive, bullying barstewards who try to force people to pay in any situation. It's amazing how quickly they went away when you sent that letter, as they've had several warnings about their conduct (or lack of it!)

FTW

Report MH to the OFT anyway.

They know it's against OFT guidelines to pursue statute barred debts, and they also know the payment history of the account (no doubt they'd claim they don't - yes they do!).