Mackenzie Hall / CCJ

Dazzman

Well my experience of these people - particular Siobhan Wheatley - is that they are ignorant bullies.

My advice would be to report anything they do to the Credit Service Association and the Office of Fair Trading.

Put them back in their box!

Pudders

Hi all,

My wife has just had the "We are attempting to contact the above person...blah blah blah" letter from MH. We know this is beacuse of ID fraud as my wife was subject to this 18 months ago from someone who had moved into her old address! Back then this caused major distress and we managed to get through it all with proof of her not living there at the time etc. there were around 10 accounts opened up!

It now seems that this company may have bought an old fraud debt and are trying to reach the missus to hound her for paying! We know she doesn't owe any money and don't want to get involved with these clowns! So shall we just ignore this one or go through all the crap of getting them to prove the debt etc? It really does make me mad and when I talk to these type of poeple on the phone, I end up loosing it with them because of all the crap they are putting my wife through!

Also .... can someome post the "prove it" template letter for ref.

Any help appreciated.

Thanks.

c321

A few weeks agao I received the blue pay-slip type letter from MH. I rang and was told that it was to do with a debt from about 3 yrs ago. I told them that I had settled with a different Debt Agency in Feb 2006 and that I had the paperwork to prove it. MH are not chasing the full amount but about £187 which is approx the difference between the balance and the settlement figure which the old debt agency asked for. She told me to send it to them and then they could get it sorted it. I contacted the old Debt Company who confirmed that the account was settled and closed.

I posted the proof to them 1st class and a few days later rang to see whether they had received it. I was told by a rude, arrogant man that they had millions of letters so it would take ages for it to get on the sytem.
I rang a couple of weeks later to be told that they hadn't received it and a Mr White gave me his direct fax number. So I faxed it to them and then a few days later phoned and guess what? They hadn't received it. In total now I have faxed it 4 times, no-one ever phones back and when I phone they always deny having received it. One guy I spoke to was reallly arrogant and rude and when I asked him how we were ever going to resolve this if they claim not to recieve it he said nothing until they receive it. A few days ago I sent it again by Recorded Dlivery so I could be sure they get it. I have heard nothing.

Yesterday, I did a credit check with Experian and even the original default does not show. I contacted Experian who said that the default has been delelted from my account (not sure why as it is less than 6 yrs from default but as the guy from Experian said be glad as once removed they can't put it back). He said they are acting illegally as the debt has been cleared and they have no right to pursue me for it. He suggested contacting the Office of Fair Trading and Trading Standards which I will do on Monday. He also said that they will haave recieved all my correspondance but they were obviously choosing not to acknowledge it as they would rather get me to try and pay it as they know I am concerned to sort it out.

The default was caused by my ex-husband hiding post (as well as an awful lot of other awful things which I have moved on from) and I didn't know anything about the problems until it had defaulted - dealing with these people takes me back to a past that I have started to put behind me.

I have decided that I will not contact them anymore by phone and will do what ever the OFT suggest tomorrow, but I could really do with any advice on here. I wish I had found this forum earlier as I now realsie what scum they are. Please help

alanVicky

In relation to the question asked about Mackenzie Hall they are a genuine company who act on the behalf of Pheoinx collection agency as i had an ubeknown lying debt of a very small wmount and on researching with littlewoods i was put on to a number of companies who assured me that MH is geniune and in my seaearch i found them to be geniune and just acting on the behalf of a semi fresh debt of 4 years but as clarified by them after 6 years its dormant but noted on credit files.

tarchin

barnaby51 wrote: »

Please now explain the above section, in the context of enforcing payment of CCJ's after six years from the date of judgment:

Time limits for actions to enforce judgments - Limitations Act 1980 - Section 24

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.
(2) No arrears of interest in respect of any judgment debt shall be recovered after the expirations of six years form the date on which the interest became due.


I think there is a little bit more you boyz want to explain here - any takers?

Well? Why has this been unanswered? Other later posts rely on National Debtline's standad advice, which is contrary to any interpretation I can make of the quoted Act. May someone PLEASE enlighten me?

hutcheroo

Hi

I received a letter from Mackenzie hall yesterday - In my naievity I called them and was promptly informed that I ove £300 from back in 2003. The arrogant chap on the phone informed me that the debt would be passed to doorstep collectors on Friday (28th Dec) if the full amount was not paid before close of business. Obviously this got me and the wife worried. I offered to make a payment arrangement but the muppet on the phone informed me that due to the current economic climate this wasnt an option and the debt had to be paid asap.

So I called the CCCS and the man there told me that there was nothing that MH could legally do if there hadnt been a CCJ registered against me. To my knowledge there hasnt but - the debt was from a credit card registered to my old address and now im worried that I have a CCJ and dont know it. I have registered with Experian to check but they are sending me a PIN number in the post and I dont know what to do if the PIN does not arrive before Friday.

Can they sent the bailiffs round in such a short timespan - I only want to ensure the debt is right before I pay it. Help!

ALIBOBSY

The doorstep collectors are NOT baliffs. In fact they have no more powers than the milkman.
Mackenzie hall are one of the bottom feeders when it comes to debt collectors, but they will all lie, cheat and threaten to get someone, anyone to pay them money.
If they had a CCJ they would more than likely have mentioned it. I beleive you can check with the registry at the courts to see if one was placed against you.
Never speak to these scumbags over the phone, just gives them a chance to be nasty, lie and threaten you. They work on commision for every payment they extort, so of course they will lie and push for a full amount.
When was the last time you either made a payment or acknowledged (in writing not over the phone) that you owed the debt. I reckon it will be either close to or over the 6 yr statutary limitation period as MH specialise in these type of debts.
ali x

rog2

hutcheroo wrote: »

I offered to make a payment arrangement but the muppet on the phone informed me that due to the current economic climate this wasnt an option and the debt had to be paid asap.

This statement, by MacKenzie Hall, is in itself totally misleading. The Office of Fair Trading Guidelines on Debt Collection clearly state that a creditor/debt collector should listen to all offers of payment by instalments, and to imply that 'due to the current economic situation' such offers are 'not an option' is an clear example of what the OFT would describe as 'unfair practice'.

Equally, MH can NOT threaten you with 'Bailffs' - only a Court can do this. In the unlikely event that 'Doorstep Collectors' do call at your house, you should be aware that they would have no right of entry, whether peaceful or otherwise, they should not infer that they have the power to 'sieze' goods and they must leave your house immediately when asked. You are under no obligation whatsoever to discuss the 'alleged debt' with them, and, other than to confirm that you are the 'debtor' that they are looking for and that the address is correct, then they should only call at your house by pre-arranged appointment - areed by you.

Have a good look through the OFT Debt Collection Guidelines, which can be seen, and downloaded, on the following link: http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

I would reccomend that you deal with MH in writing only. In the most unlikely event that a 'collector' does turn up at your house, on Friday (I doubt anyone will) you are well within your rights to refuse to talk to him/her. Equally, MH must provide you with all details of any alleged debt on your request - including a true copy of the oriinal executed consumer credit agreement and account details, without which they are powerless to ask you for payment: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

MH, as previously stated, specialise in trying to collect debts which are old, and often legally unenforceable. These debts have, often, already been 'written off' by the original creditor and MH will have 'purchased' these 'debts', often for just a few pence in the pound. They rely upon the alleged debtor's ignorance of the protection that that 'debtor' may be afforded by Laws such as the Consumer Credit Act and the Limitations Act, and MH will try every trick in the book to pressurise a 'debtor' into paying, rather than suggesting that that 'debtor' takes advice from one of the Debt Counselling Charities, such as CCCS or National Debtline.

Going back to their statement regarding 'the current economic situation' it is worth pointing out that, yesterday, the Government announced that it would be 'investing' £75 million pounds into the Debt Advice Sector. I hope that some of that money goes towards 'policing' the activities of 'SubPrime' Debt Collecting Agencies such as MacKenzie Hall, who will, otherwise. be rubbing their hands in glee at the oncoming 'debt crisis'.

rog2

tarchin wrote: »

Well? Why has this been unanswered? Other later posts rely on National Debtline's standad advice, which is contrary to any interpretation I can make of the quoted Act. May someone PLEASE enlighten me?

A County Court Judgement (CCJ) can only be enforced after the six year limitation period if the creditor seeks permission from the Courts. Such 'permission' is not automatic - in fact the creditor/dca will have to have a very good reason as to why the CCJ had not been enforced during the six year period. This 'scenario' is quite unusual and each situation will require specialist advice which can be obtained from National Debtline - 0808 808 4000, CCCS - 0800 138 1111 - or from a specialist Debt Adviser at your local CAB.

The 'standard' NDL 'Statute Barred' template letter is specifically designed for cases where either no CCJ has been issued, or where the 'alleged debtor' is unaware of the existence of any such CCJ. As such it is an excellent template letter and has been beneficial to many thousands of people who, otherwise, would have been co-erced into paying unenforceable 'alleged debts', which may not even have been theirs, by the undue pressure that the likes of Mackenzie Hall will exert in order to turn an easy dollar.

hutcheroo

Thanks all, Just to clarify I last made a payment towards the debt in January 2003 so you are bang on - right at the end of the 6 years!

Again many thanks!