Mckenzie Hall

martin0642

Hiya folks - thought I'd drop a line to say hi (new here) and give my experiences of Mackenzie Hall.

They phoned me at my new address (remarkable detective work i have to say!) to chase up a debt owed to "Citifinancial group". Now I have never had any kind of financial product from Citi but I do have many debts from my murky and foolish past. So i spoke to them and argued the toss about what I could afford blah bblah (He caught me at a very very bad time so wasnt thinking straight)

Anyway - long story short, i googled their name, found a stack of nasty stuff about them. Especially on the debtadvisers.co.uk site but fthey're closed for the moment due to "a complaint2 (im willing to bet it was from MH due to the very high volume of anti MH stuff on there).

So I wrote the letter asking for proof of the debt and proof of their right to pursue it. I also stated I did not acknowldege the debt at all. Enclosed the postal order...letter sent by recorded delivery. One month later they had only sent yet another demand. So I wrote back (again by recorded delivery - NEVER speak to debt collectors on the phone! Everything in writing always) and enclosed a copy of the original letter, a print out of the electronic proof of delivery from the royal mail website and a copy of the letters I was sending to Kilmarnock Trading Standards and the CRB Debt Collection Team at the OFT.

I also sent copies of everything to the aforementioned stautory bodies. Their replies amounted to:

Kilmarnock Trading Standards - "Please write to the OFT, we've heard of theis company but the OFT are investigating"

OFT - "Thank you, please allow us to disclose your details in our investigations otherwise we cant proceed but we are investigating them as a result of several complaints"

The next letter I got from MH was "Thank you, our clients are happy with the pyment schedule agreed. We will contact you in 3 months to review this, you do not need to do anything else at this time"

NOTE: The quotes are NOT verbatim (obviously!)

Interesting response from MH since I hadnt agreed a payment schedule or even mentioned it, neither had they until that letter. I wait with anticipation to see what happens next the 3 months is just about up.

Basically - dont let them scare you, the baliffs can't come in until a court says so. You have to be notified by law of court proceedings so you can prepare a defence. In your defence you include your letters and proofs of posting and delivery. I would imagine most courts will take a dim view of a debt collector failing to respond to the letters.

Oh - and i wrote to the information commissioner as well but they werent so helpful.

AND!! According to the Trading Standards bods MH are not legally required to give proof of debt if they dont own it - its up to their clients to do that. But in practice it seems to work!

Hope this helps someone...the basic message is dont be scared, dont be bullied, be up front, admit nothing at all (and be explicit in that) an dmake sure everything is in writing and recorded delivery.

Good luck folks!!

snail123

I have had a few letters from this company saying that I owe them £350 which I'm confident I don't. I thought I saw a letter on here which I could print off and send to them saying I do not accept responsibility for the debt etc. Can anyone help?

cassyinireland

ok can anyone help? this is going to sound around the bush but hopefully not.

a friend of mine owes money to a couple of creditors. he was married to a woman for 17 years, and as she couldnt get credit for a while, he opened catalogue accounts and a loan (which she agreed to pay when they split..only verbally though)etc for her. they split and he has refused to pay them as they are her bills as such.

he has since moved out of the house (6 years ago this June) He has been getting letters from DCA's and Banks. She has given his last known address, which is too close to home for comfort for him. he recently got a letter saying about a local hearing regarding a bank bill. What will ahppen here?

Also he has just the infamous red card from mackenzie hall saying he must ring blah blah. He has no idea what this card is regarding exactly, if he checks will that reopen anything? he is at a loss at what to do...can anyone help? I think he is hoping the debt will go away. He paid enough for her in the years he was with her, never mind having to pay 6 years on...

C x

deka_2

Hello

I wish I had heard of this site before. I fear u might be unable to help.
I received a red card through the post before Christmas and replied to this, setting up a monthly payment plan. I don't mind paying the debt, but I have lost their tel number and can't make anymore payments. I received a letter on Saturday 10 Feb requesting payment as I haven't sent any payments because 1) I lost their tel number and 2) I was short of cash after christmas being out of work.
Could someone please help with their telephone number or other advise.

Many thanks
Deka

twyll

Excuse me for putting this post on two different threads, but after the rudeness I was faced with today I feel its better out than in:

I have just recieved a phone call from these people about a debt that I know I had as a student. I hadn't heard about it for years so, naively I suppose, thought it had been written off. It is from a student overdraft with Barclays that was around two grand, but with extra costs is now nearer three. The debt is from around 2000, I haven't heard anything about it for around four years, but am not sure if I have put anything in writing since the debt "went bad".

I explained I had moved a few times since, had tried to contact Barclays, but not heard anything and had assumed they would be able to contact me. I was told it was not up to Barclays to stay in touch. I realise I should have made more effort not to lose contact but lost the address of the latest company Barclays had sold the debt to and, as with a couple of other debts I had, thought it would be very easy for them to locate me if they wanted to.

I was resigned to arranging repayments with them, but then was faced with a very aggressive man, called "Jim", telling me the fact that I couldn't afford to pay the debt off in full was "not the answer we want to hear".

:mad:

He told me they must have a down payment nearing half of the full amount immediately.

When I asked why an analysis of my financial situation and repayment ability was not an option like it is for other debt agencies he stated "We are not any debt collection agency, this is MacKenzie Hall."

I asked why he was being aggressive and he said he was not being threatening, but he felt I was not taking the situation seriously. I said I was taking the way he was talking to me very seriously.

Looking for a reason to tell me I could afford it he went on to ask what my job is and how much I earn. I told him I am a teaching assistant and earn about £9,900 per year. (Which is true). Somewhat disgusted he asked if that was part time. I explained that this is what LSAs earn, pro rata. He asked what I drive. I said "I don't". He asked "Well how do you get to work then?!" I said "I cycle." So he dropped that line of questioning.

I have been told I have untill March 14th to come up with a suitable offer.

Any ideas or insight will be welcome.

Feux_Verts

Oh - for heavens sake.

People need to learn that they need to deal with these Debt buyers IN WRITING. Get a paper trail.

You do NOT HAVE to answer any of these questions at all.

If need be then go to court and answer to the court, they will only make you pay what you can reasonably afford.

The Debt Collection industry in the UK is way out of hand and they thrive on the ignorance of their prey.

Don't enter into a phone conversation. If they phone hang up. If they keep phoning then change your number. Tell them that you are happy to deal in writing and ONLY in writing.

furndire

There are plenty of people on here who have had dealings with Mackenzie Hall.
Don't let them intimidate you
http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/69996-still-shaking-mackenzie-hall.html?highlight=Mackenzie+Hall

duxster1975

vik6525 wrote:

im quite happy to pay it, as it is my debt after all, but because its ten years old, do they really not have a right to pursue it? sorry, im a little slow today...

Hi just thought i would reply to this if your debt is 6yrs old or older a DCA can still pursue you for the debt but they cannot take any legal action to recover the monies owed so in effect if you made an arrangement to pay £5 per month for example and then you stopped paying all they can do is send you a letter, also after the 6 years this will come off your credit file.

Hope this helps.

Duxster1975

Morglin

This is a template letter that was on this forum somewhere (can't find the thread now):




"Under the Statute of Limitations act 1980, no actions formed upon a simple form of contract may be brought after 6 years from the expiry of that contact.

Or in plain English!, if the debtor has made no payment or admission to the debt for in excess of 6 years then the creditor, or their agents have no lawful cause to any further recovery action.

If you are sure that the above applies then send them the following;

---

Name of Creditor
Address of Creditor


Dear Sir/Madam

Re: Account No/Reference No:

No debt is acknowledged to you. 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.”.

The last correspondence/payment/acknowledgement 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.

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.

Yours faithfully

(Your signature)

The Administration of Justice Act 1970.

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

(c) falsely represent themselves to be authorised in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

---

If they continue to contact you in this manner after you have officialy informed them that the debt is statute barred then they commit a criminal offence under both acts."

Hope it helps.

Lin

Silverthistlebeads

Everyone who has this red card from them should tear it up and stick it in the bin.

There are very few of us nowadays who have no debts to speak of, and this company and its employees are parasites. They have no right or reason to be so rude, so dont talk to them on the phone. After 6 years the debt is deemed unrecovarable as it is plenty of time for creditors to find and ask for repayment.

They bully you to pay, let them take you to court at least they will be more aggreeable and accept more reasonable payments.

Francesca