Please Help - Debt collecter for unknown debt

gtspeed

Hi

I hope someone can help me with this, 2 weeks ago I revieved a letter from a debt agent stating I owed 2k ,then I recieved 2 more all of which I sent back stating that I have no idea who they are or what they want with me as I have a very good credit history. However today I have recieved an open postcard from a company called Mckensie Hall which is open to the world to see stating that they and Debt collectors (surly this is wrong) I rang them up and the responce was to say the least awful and did not want to know anything but how and when I will pay. I check my credit file and as I thought nothing there but my good history. Now my wife is going off on one and having a real go at me about this. Also I live in a nice area and don't want the postman gossiping. What can I do ?

DarkConvict

They have broken numerous OFT guidelines

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Communication
2.1 It is unfair to communicate, in whatever form, with consumers in an unclear,
inaccurate or misleading manner.
2.2 Examples of unfair practices are as follows:
c. those contacting debtors not making clear who they are, who
they work for, what their role is, what the purpose of the
contact is
g. ignoring or disregarding debtors' legitimate wishes in respect
of when and where to contact them, for example, shift workers who
ask not to be telephoned during certain times of the day
h. asking or instructing debtors to make contact on premium rate
telephone numbers

False representation of authority and/or legal position
2.3 Those contacting debtors must not be deceitful by misrepresenting their authority
and/or the correct legal position.
2.4 Examples of unfair practices are as follows:
f. pursuing third parties for payment when they are not liable

Physical/psychological harassment
2.5 Putting pressure on debtors or third parties is considered to be oppressive.
2.6 Examples of unfair practices are as follows:
f. pressurising debtors to pay in full, in unreasonably large instalments,
or to increase payments when they are unable to do so
g. making threatening statements or gestures or taking actions which
suggest harm to debtors
h. ignoring and/or disregarding claims that debts have been settled or are
disputed and continuing to make unjustified demands for payment
j. acting in a way likely to be publicly embarrassing to the debtor either
deliberately or through lack of care, for example, by not putting
correspondence in a sealed envelope and putting it through a letterbox,
thereby running the risk that it could be read by third parties.

Deceptive and/or unfair methods
2.7 Dealings with debtors are not to be deceitful and/or unfair.
2.8 Examples of unfair practices are as follows:
a. sending demands for payment to an individual when it is uncertain that
they are the debtor in question, for example, threatening debt recovery
action to 'the occupier' or sending a payment demand to all people sharing
the same name/date of birth as a debtor in the hope that contact with the
correct debtor will be made.
b. disclosing debt details to an individual when it is uncertain that they are
the debtor in question, for example, disclosing details to 'the occupier' of
an address.
i. failing to investigate and/or provide details as appropriate, when a debt is
queried or disputed, possibly resulting in debtors being wrongly pursued
j. requiring an individual to supply information to prove they are not the
debtor in question, for example, driving licences, passports, full name,
date of birth, signatures

With all that in mind, send them this letter - Prove it - http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

Then get in touch with the FOS and OFT to lodge a complaint, in some cases the FOS does award compensation.

OFT Complain - http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/debt-collection#named1
OFT complain guidence - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/guidanceadvisers.pdf

FOS complain - http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Pete*G_4

a quick google of their name suggests on a variety of sites (including here) that they are just fishing to see who sends them some money.

https://forums.moneysavingexpert.com/discussion/776671

http://www.mackenzie-hall-ltd.dpcregistry.co.uk/

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/108239-mckenzie-hall.html

Looks like OFT got onto them last year about thier "bad behaviour" as well..

http://oft.gov.uk/news-and-updates/press/2009/44-09

gtspeed

Many thanks guys , should I also complain or would it not matter

Pete*G_4

can't do any harm complaining to the OFT, after all, Mackenzie Hall do have "previous" with them so they may be on a probation period or suspended sentence etc.

the more companies like MH that get shut down or heavily penalised, the better in my opinion.

WhiteHorse

Assuming that you do not owe them or anyone else the £2K to which they refer, the answer is simply that they are criminals trying to terrorise people into sending them money.

There have been similar cases in which an elderly person has been so frightened that they have actually paid.

Report them to the Police and Trading Standards.

Pete*G_4

bear in mind that MH buy debt from other lenders, so check out if you may owe/have owed someone else first though. definately report them for the way they treated you over the phone though - demanding money with menaces is a criminal offence so claim you felt threatened and vulnerable etc (which you clearly did as you've posted here ;))

RobertoMoir

gtspeed wrote: »

Many thanks guys , should I also complain or would it not matter

If we don't stand up against this sort of behaviour it will only become more commonplace and probably reach lower depths.

WRINKLES

do what dark convict says send the prove it letter you dont have to prove anything they have to prove you owe them any more from them then post back here

DarkConvict

RobertoMoir wrote: »

If we don't stand up against this sort of behaviour it will only become more commonplace and probably reach lower depths.

Agreed 100%!

gtspeed

Thanks guys , I have never missed a payment in my life and was totally shamed and embarassed when the postcard came through the door. I do think this is out of order so will take your comments on board.