Mackenzie Hall / CCJ

g.lloyd

Heres one for all those dealing with these guys - my advice is - DONT - get some independent advice - CAB or similar. Always write to them and keep copies of all correspondence. Even send letters signed for or recorded delivery.

I've had numerous dealings with these guys over the years and have found them rude, miss informed and unwilling to act on information given to them. They have traced and harassed members of my family and ignored all correspondence from me.

I have just been dealing with them again, regarding a cable tv bill from 5 years ago. I have supplied them with details of my bankruptcy and court information on several occasions. They say they can not trace the bankruptcy through any of there systems and therefore I am lying and they will continue to pursue me!!!! I will be seeking legal advice about them and would be interested to hear if anyone else has had similar problems.

rog2

g.lloyd wrote: »

I have just been dealing with them again, regarding a cable tv bill from 5 years ago. I have supplied them with details of my bankruptcy and court information on several occasions. They say they can not trace the bankruptcy through any of there systems and therefore I am lying and they will continue to pursue me!!!! I will be seeking legal advice about them and would be interested to hear if anyone else has had similar problems.

I think I would just let them take you to court - attend the court hearing, as is your right - and state your bankruptcy details to the court.
Then smile as the judge wipes the floor with these toerags.

g.lloyd

Thanks, sounds like a good idea to me. I'm just amazed they think that they can go against the advice of the court system.
I've also started complaints procedure with the OFT via the Community Legal Service - I phone the Consumer Direct helpline and they have advised me and been very helpful.
Anyone else having issues - USE THE FREE SERVICES AVAILABLE FROM CAB, Consumer Advice etc they can be a great resource. And don't give in to their demands. I once made a repayment arrangement of £10 a month on a £11000 debt. :j

gardenshed_3

Hi Everyone,

Very new to this site, hope somebody can help me. A few months back received a letter from Mac Hall asking me to contact them. Looked them up on the internet, read some pretty bad things decided to ignore them, then a week ago received another letter saying someone was going to be coming around to my house if i did not contact them within 7 days. I'm terrified, i'm in the house alone all day with my 11 month old baby. The thing is i have never received a letter from anyone saying i owe money, i have been in this house for 5years now, not 1 letter. I have contacted Experian my file is clean, just changed mortgages a few months back, got a bank loan about a year ago for a new car, so how can I owe anyone money? Can they come to my house and remove things? What rights do they have? Hope someone can help me, this is making me feel ill.

rog2

gardenshed wrote: »

then a week ago received another letter saying someone was going to be coming around to my house if i did not contact them within 7 days. I'm terrified, i'm in the house alone all day with my 11 month old baby. The thing is i have never received a letter from anyone saying i owe money, i have been in this house for 5years now, not 1 letter. I have contacted Experian my file is clean, just changed mortgages a few months back, got a bank loan about a year ago for a new car, so how can I owe anyone money? Can they come to my house and remove things? What rights do they have? Hope someone can help me, this is making me feel ill.

Hi gs - I can understand how you feel, but you really do not need to worry. In the unlikely event that MH do send smeone to your house, you should remember that they have no 'rights' other than to ask you if you are, indeed, the 'debtor' that they are looking for. They have absolutely no right of entry to your house - they can not 'take' any of your goods - you are not obliged to discuss the 'debt' with them - and they must leave, immediately, as soon as you ask them to.

Have a look at the OFT guidelines on Debt Collection, which these 'thugs'are supposed to adhere to:

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

Now, back to your immediate problem - MH 'specialise' in extorting money against often unenforceable (usually very old and statute barred) debts, which they have 'purchased' for next to nothing. They thrive on this despicable behaviour because 99.9% of the general population are completely unaware of the fact that they actually have rights, which are under-written by the Law, which these 'bullies' so conveniently choose to ignore.

So - you have a couple of options:

1. If you know that the 'debt' in question is a very old debt, and that you have made no payments towards it, or acknowledged it in writing, for a period of at least six years, then it is likely that the 'debt' falls within the scope of the 'Limitation Act, 1980' and will be 'Statute Barred'. This means that, once you inform MH that you will not be making any payments as the 'debt' is statute barred (the ONLY reason you need give) then they can no longer pursue this 'debt' through the courts, and must cease any further attempts at 'pursuing' you for payment. More information, and a template letter can be found on the following link:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

2. If, as you have said, you are unaware of the 'alleged debt' then you are legally entitled to ask MH to provide you with a copy of the original signed consumer credit agreement, and they (MH) are legally obliged to provide you with this information, along with an up-to-date statement of the account and 'deed of assignment (to show that they are legally entitled to pursue this 'debt') within 12 working days of your request. Without this information, then the agreement is unenforceable. To see how to request this information, and for more information about your rights under the terms of the Consumer Credit Act, 1974, click on the following link:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

In the, again unlikely, event that the vultures at Mackenzie Hall are, in fact, able to provide you with a legally correct copy of the original cca and statement, this will show you whether or not the 'debt' is enforceable, and will enable you to tackle the problem in the most appropriate way.

Good luck

gardenshed_3

Rog2, You are a lifesaver. I feel loads better after reading your reply.

rog2

gardenshed wrote: »

Rog2, You are a lifesaver. I feel loads better after reading your reply.

You're welcome, gs. If you need more clarification and guidance, why not talk to one of the Debt Counselling Charities, such as CCCS - 0800 138 1111 or National Debtline - 0808 808 4000. Their advice is Confidential, Professional and Free.

lowellcrooks

Trust me, if comes from MH then it's almost certainly 'dead'.
Send the 1973 CCA letter, along with your belief it's statute barred.
You WON'T receive anything in 12 days, so it will become legally unenforceable then for that reason alone. Whether they admit it's SB'd or not.
BE PREPARED!!
Even though you will be off the hook legally, MACKENZIE HALL WILL CONTINUE TO HARASS YOU UNETHICALLY (AND PROBABLY UNLAWFULLY) with letters which are a pathetic attempt to make you doubt you own sincerity and knowledge.
The FIRST one of these letters you get (and you WILL get them from these scum) simply return it reminding them they failed under the 1973CCA and secondly it's SB'd, BOTH are total legal defences and you will not be making ANY payments in respect of it. Invite them to take you to court to have a judge tell them this at THEIR expense if they are too stupid to listen to you.

All letters thereafter, simply tear up (THEY are empty threats, if they won't take you to court they can't and wont do anything else so ignore them, it's their postage and paper.....also be perpared to have more letters from 'solicitors' or other names apart from their own.)
OR do what I do, copy their addy out, don't stamp the envelope (so they pay £1.10 to pick it up from their box) and write on envelope 'full legal settlement enclosed' (i.e. ****-all) and send it back. I also embellish the letters by using them as lavatory paper (which seems to stop them for a while.)
MH are the 'herpes' of debt collectors/purchasers. They flare up every few months, disappear and then when you think they've gone for goood they blister up again....

Polly_Perkins

Please note that I have just been on the telephone to the Office of Fair Trading about a letter and threatening phone calls regarding MacKenzie Hall. The direct number for the Consumer arm of the Office of Fair Trading is 08457 224499.

PLEASE NOTE THAT IF ENOUGH PEOPLE COMPLAIN, THIS COMPANY WILL GET CLOSED DOWN.

The advice they gave me was fantastic, and harrasment by any Debt Management Company may be considered as harrasment under the Administration of Justice Act 1970 (Section 40), a criminal offence.

wearsidegal

Hiya!
New here, but finding valuable information
Slightly different problem with MH to other posts I've read - letter received this morning at our address, but incorrect surname. First name is same as our son, (age 21) who has no debts/overdrafts/credit cards/CCJ's only a very basic bank account which is in credit and has been since opening. My husband and I don't have any outstanding debts - everything is paid on time and above minimum amounts. The surname doesn't belong to anyone in the street, but spoken with a jock accent, on a bad line and heard by someone with a kipper in their ear could be misheard as ours.

Best to just file letter under ignore until they decide to trawl around again? Write to them using one of the template letters - or will this be seen by them as an opportunity to begin harrassing us?

Any advice would be appreciated!!

ps Our letter is signed/photocopied by Andrew Lowe - a new name in the mix?