Mackenzie Hall / CCJ

rog2

santay5036 wrote: »

I sent a letter to MH on August 29th asking for full details of the debt. No reply. Then last week a debt recovery firm (JB Debt Recove ry)wrote to me asking for money with 7 days or they would take legal action.

What do I do? Please help.

Did you ask MH for a true copy of the original signed consumer credit agreement?

If you did, and followed it through with the second letter, after the expiry of the 12 working days, plus 30, then MH can not legally pass your details on to any other dca.

If you did not send the cca request to MH, then you need to send one to JB. This will put the debt into dispute, and they can not commence legal action whilst the 'debt' is in dispute. Equally, if JB can not provide you with a true copy of the original cca, then they can not enforce the agreement.

jonbj5

Since moving into my new build house last year and getting a new phone number from BT, I have had several of the phone calls mentioned earlier saying to call back but not giving any other info, these calls have been for different names, Linda Barker, Mrs Brown, amongst others. I have contacted 1 company who was a dca and they said they would remove my number but Im still getting these calls. Yesterday, I got a letter from Mc Hall but its in my name now!! What do I do?:mad:

andrewman

my self if i got a letter from someone who i do not owe anuthing to i would ignore it, or send them a request for detals using one of the template letters found on this site.

doryfish

Hi everyone - how I wish I found this site 30 minutes ago

I received one of these letters from Mackenzie Hall, and as I am currently trying to resolve all outstanding debt, I called them knowing vaguely what this was about. I ran into huge difficulties a few years back and am still running away from a Barclaycard debt that is rather large. I have moved several times since this and had largely forgotten about it until the letter from MH arrived, therefore I confirmed that it was me and that it was my debt. I really wish I didn't now

The person I spoke to started asking if I owned my house, if I had a car, and advised that a bailiff will be around next week to inventise my assets.

I rent my property, and have nothing of real value, I do own a car. The guy said that they would remove my car and sell it at auction. I am now going to transfer my car to my boyfriend so they won't be allowed to take it away.

I advised them of my current financial status - I am a full-time student - rent a furnished flat - and that my car is essential to me as I do a lot of commuting every day for my course. I advised them that I would be happy to ay a lump sum towards the amount I owed and then come to a monthly agreement for the rest.

Can they really send the bailiffs around? Can they really take my car. As far as I am aware, there is no CCJ on this account, but I will check the Registry Trust website listed here. I am so worried - I really thought I was getting on top of things, but this one I had just plain forgotten about.

Any advice on how to delay bailiff action???

andrewman

doryfish first of all do not worry about what MacKenzie hall are threating to do. how long ago was your last payment to your creditor and when was the last communication between you and your creditor. if it is over six years since last contact or payment made then unsecured debts are statute barred. any action against you needs to be started by issuing a default notice under consumer credit act 1974. you should ring national debt line or contact them via the web for advice,or give the consumer credit counselling service a call both of these are free for advice on what to do. i would contact one or the other before you do anything else. I have dealt with cccs and they are very friendly and helpfull. i have had a run in with mackenzie hall before and they are limp when it comes to dealing with people who stand upto them. do not speak to mackenzie hall at all or write to them,any letters that are sent ignore them and bin them,unless they are sent by recorded delivery. your car can not be taken unless it is proved it is yours and is parked outside of the house. please give cccs or national debt line a ring you will not regret it,i didn't. what ever you decide to do ,take care:cool:

rog2

doryfish wrote: »

Can they really send the bailiffs around? NO!
Can they really take my car. NO!

Any advice on how to delay bailiff action???

doryfish - the person who called you was breaking every rule in the book:

The OFT considers it unacceptable to 'mislead' alleged debtors over the 'action' that a debt collector 'can' take, and one thing that MacKenzie Hall certainly can not do is to'send a bailiff around'. They have no legal right to do this - only a Court can order a Bailiff visit, and even then, you would be given fair notice of any intended visit.

IF, and it is a very bif 'if', anyone does come to your door, it would be in the 'role' of doorstep collector - please do not let them try to fool you into thinking that they are, in fact, bailiffs. A doorstep collector has very few, if any, legal powers, other than to 'ask' you if you wish to make a payment against the 'alleged debt'. They have no right of entry to your property, and must leave immediately when you ask them to.
They have absolutely no powers to sieze, or threaten siezure of, your goods - including your car.
You have been totally misinformed and misled by the 'character' who telephoned you, and you should talk, immediately, with one of the Debt Counselling Charities, as well as reporting this 'phone call' to the Trading Standards Office.

Agent_X

How did Mackenzie Hall find out all the correct information about the alleged debtor (mobile phone #, house phone #, old/current address ...) and the contact information of the alleged debtor's family/relatives? I've been curious how they gather such information 'legally' esp when some debts were like years ago and one's personal information has not been updated at all even with the original lender/creditor? Would credit agencies like Experian or Equifax 'leak' such information?

Also, can DCA like Mackenzie Hall really do a credit search against any alleged debtor without their consent? I wouldn't want them to leave such a negative credit search on my credit history when a) I didn't even authorize such a search, and b) I may not even be the debtor at all.

Would appreciate it if anyone cares to share any insight. Thanks a lot.

doryfish

Hi again everyone

Thought I'd give you a quick update on my MH story. Basically after my initial phonecall to them I was told I had to call back within 7 days to indicate how I would be repaying my debt. The guy I spoke to wasn't too threatening, and seemed to understand my situation, even though he was pushing for my car to be sold, and stated that bailiffs may be inventising my assets next week. Having read lots of information on this site, I have learned that it is not possible for MH to do any of that, so I haven't called them back.

I have since applied for a copy of my file from Registry Trust, and I will hopefully find no CCJ on there and will rest a lot easier.

I haven't yet heard anything back from MH, but I can highly recommend NEVER ringing them - last week, after the initial call to them, I called back to try and determine who they were working on behalf of (as they said 'their clients' a lot in the first call), and I didn't have my reference number to hand. The 'woman' on the end of the phone said it would take 2 hours to search for my details via my name and address (which I did not supply on this phonecall, luckily) and that I shouldn't expect their staff to perform that search and inconvenience other people ringing through with their ref no to hand. I argued that in a supposedly modern call centre I found it ludicrous that the only method they could use to identify an individual acc was via a ref no. She then asked if I withheld my number in my first call (suggesting they note a number whether or not they have permission to) - how this was related to finding my details I'm not sure. The woman then asked if it was usual for me to go out to my car without my keys (?) or to put the kettle on with no water in (?). I said it would be if I had a condition that affected short term memory (imagine if I had - her rant would have broken the law around discrimination). She then replied that I was sick. She was right - I had laryngitis at the time of the call, so I hung up on her and her inappropriate rant as I couldn't talk any more. These people are rude and aggressive and they think they have the moral high ground - when actually they are the lowest pondlife scum. :rotfl:

Anywho, I have drafted a letter as advised on here to request a copy of the original agreement, as I think the last acknowledgement of the debt was in 2004, therefore meaning it is not yet statute barred. I will send the letter if I get any more communication with MH. Luckily, I am not home all that often at the moment so I am spared the phonecalls. I am hoping that the CCA request will scare them off, but probably not given the amount I owe.

This site is so informative and has helped me a lot at this time - I feel a lot less stressed about it all!!!

Thanks guys!!! :T

rog2

doryfish wrote: »

This site is so informative and has helped me a lot at this time - I feel a lot less stressed about it all!!! Thanks guys!!! :T

You, along with anyone else who has had the misfortune to have been a 'victim', intentional or otherwise, of the underhanded tactics employed by MacKenzie Hall are most welcome. :beer:

inmypocketnottheirs

jeff2029 wrote: »

Good luck...:beer:

SPAM. Reported. Dont click on links!!