Resolving an old debt with McKenzie Hall

pagandisco

Happy Bank Holiday!
I am new to all this but after having been a little careless with my finances in my youth, I am now determined to get back on track and be debt free in 2011, so wanted to seek the guidance of some more experienced money savers to get myself back on track, and so I don't fall at the final hurdle

During my post-student days I defaulted on some debts including a credit card debt which got passed onto Lowell and now McKenzie Hall are administrating the collection of it.

In late 2006 I agreed a minimal repayment plan with Lowell, which I subsequently defaulted on a year or so later.

Things had been fairly quiet but I recently started receiving some heavy communication from Mckenzie Hall saying in big letters that will sanction a 'DOORSTEP ASSESSMENT' from their field collectors. Looking at other threads in this forum it looks as if their reputation proceeds them as not very nice to deal with.

I checked my credit file and I have one CCJ on my record which will expire in 18 months time, so there is light at the end of the tunnel and the last thing I want is to get another one at this stage, and so I really want to resolve things with MH.

However from what I can gather from a quick search on google is that they often use scare-mongering tactics to chase debts which they cannot lawfully collect.

My position is as follows:

1. I want to get in touch with M-Hall asap to establish contact and at the very least stall them, as I do not want a 'Field Collector' knocking on my door.

2. I want to work out if they can lawfully collect my debt. My last contact with Lowell was in around 2007/2008, so I presume that I have acknowledged the debt to them in the last 6 years, however my existing CCJ (which was issued by Lowell for this debt in 2006) is on my record as 'Satisfied', even though I still owe them money... does this make a difference?
I am not trying to wriggle out my responsibility but if they are chasing a debt which I don't legally have to pay, then I don't really want to pay them.

3. All I want to do is get myself debt free so it no longer hangs over my head. I and am happy to come to a repayment plan or agree a lump sum payment.

However I don't want a company with a reputation for tactics which go against the OFT to profit from my situation, and I know that they would only have bought the debt for a fraction of it's original value, so I am reluctant to pay them the full value of my debt.

I was thinking that my first step should be to email them and state that they cannot send anyone round without a making a prior appointment with me, and then request to see all existing paperwork surrounding the debt.
Is this an advisable way to proceed? Also any tips on how to phrase and structure this as I don't want to drop myself in it and make things worse for myself.

Any thoughts/ tips/ advice / guidance welcome

Many thanks!

Tixy

Hi

First you need to send the prove it letter and a don't doorstep visit me letter to MH - you can combine both of these in one letter, templates here - http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2 and http://forums.moneysavingexpert.com/showpost.php?p=23635529&postcount=58

Right regarding the debt - you say there was a CCJ for this credit card by lowell? Did you see a copy of this judgement? do you know how much it was for? did you pay off the amount of the CCJ?
How much are MH now claiming from you?

PNPSUKNET

MH dont always buy the debts, sometimes they do act on behalf of lowell

pagandisco

Thanks for the links to the templates Tixy. I will email them tonight and see what they say.
I never saw a copy of the judgement at the time, and only found out that it existed when I checked my credit file a few days ago. The amount on the judgement is for £413 but it says that it is satisfied (although I have not fully paid it off). I presume it was satisfied when I initiated a payment plan, which regretfully I didn't stick to.

MH are asking me for approx £400 which I guess I will get a breakdown of when/ if I see the original paperwork.

PNPSUKNET, I think they are acting on behalf of Lowell.

BTW I do appreciate that it is unfair to get out of paying back money that you owe, but it is also just as unfair for an organisation to try and scare someone into paying money that you have no claim on.
If I don't legally owe the money to them then I shouldn't have to pay them a penny, but if I do then I am prepared to take responsibility and to negotiate a repayment plan.
Obviously if I don't have to pay them anything then that would be great, but ultimately all I want to be debt free; I just want to establish what my current position is with my creditor before I take any steps.

cornishbeauty

hello, i have had dealings with this company, and a few threat letters, nobody came to my door after recieving collection letters. however like yourself i am trying to become debt free asap, i offered them a settlement figure of 65% of the debt, they replied within a week and accepted, so if you can gather enough funds to clear them off i would advise trying this with them. good luck.

pagandisco

Thanks cornishbeauty, that sounds like a plan. I'll get the paperwork and see where I stand and then work out if I can make them an offer. I did once settle a previous debt when I got a letter offering me a 50% settlement so I know that can work.
This has been going on so long that hopefully they will just be glad to get rid of me!

Tixy

You need to get a copy of the judgement. Them having the CCJ makes a big difference as to where you stand. If you call the court I beleive they can supply you with a copy of the judgement.
If you haven't paid it then obviously it is still due (despite what your credit file says), and your chances of getting a reduced settlement are less - settlements on a CCJ are not unheard of but there is far less incentive for them to do so, so don't expect too much of a discount.

pagandisco

Thanks again Tixy.
Perhaps my best approach would be to send them a polite but clear email stating that I do not wish to have anyone come knocking on my door, and also requesting to see the paper work that they have, rather than taking too a too heavy tone and hitting them with all the legal stuff that is in the templates. Basically just making it clear that I know my rights so they can't bully me, and I won't enter into anything until they present me with the relevant and correct paperwork... What do you reckon?
I have all the CCJ details so I will chase that tomorrow and hopefully get to the bottom of things.
Thanks again!

Paulgonnabedebtfree

pagandisco wrote: »

Thanks again Tixy.
Perhaps my best approach would be to send them a polite but clear email stating that I do not wish to have anyone come knocking on my door, and also requesting to see the paper work that they have, rather than taking too a too heavy tone and hitting them with all the legal stuff that is in the templates. Basically just making it clear that I know my rights so they can't bully me, and I won't enter into anything until they present me with the relevant and correct paperwork... What do you reckon?
I have all the CCJ details so I will chase that tomorrow and hopefully get to the bottom of things.
Thanks again!

Unless you have already done it, I suggest you don't use email. It makes it too easy for them to harass you.
If you do use email, start an account that you will only use for this purpose. That way you will be able to see if they are selling on your email address to anyone else.

pagandisco

Hi Paul. Email would be my preferred method of communication but I never thought of that. I'd certainly prefer not to speak to them over the phone. Who are they likely to sell the address onto? and what is my position if they were to do so?

Tixy

It is usually advised to keep everything in full written communication and send everything recorded delivery. Some people do use email but I don't know if any communication by email would stand up as well in court.