QuickQuid/Mackenzie Hall advice for a newbie

TheEngineeress

Sorry for the long, long post - I'm an MSE virgin.

I would be grateful for some advice regarding a DCA who have contacted me recently.

Last year I took out a Payday loan with QuickQuid. My circumstances changed as my partner returned to University full time – my salary covers the rent, bills, car costs and food with a small amount left over – so I could not pay back QQ and I let the account default. Stupidly, because I was so embarrassed about taking out the loan in the first place and not wanting my partner to find out, I did not respond to letters or phone calls, and it has now been passed on to a DCA called Mackenzie Hall for the sum of £808.59. I have no problem acknowledging the debt is mine and I want to try and come to some arrangement with them, however I have found them to be extremely difficult to deal with.

First of all, they sent messages to my mobile phone, my email, and my parents’ address (where the debt used to be registered to), all speculative enquiries without stating the purpose of them getting in contact. As you can imagine, I was mortified that they contacted my parents to try and get in touch with me.

Within a couple of days of receiving these messages, I gave them a call to discuss the account. I gave them my new address and asked them not to contact my old address again. I stated that I did not want to conduct correspondence with them via phone as I wanted to keep a record of all contact, and said that I would prefer letters. I was told that it was not acceptable to send letters as “it would take too long, and this matter is already with a solicitor awaiting court action”. She said would email be OK, and I reluctantly agreed.

As my finances are particularly stretched at the moment, I offered an initial payment of £20, which she took immediately via debit card. I offered to email an Income and Expenditure table (as below) to illustrate my circumstances and to arrange a payment plan. After taking my payment and giving me an email address to contact them by, the operator then started asking me questions about how I got myself into this situation. At first, I thought the questions were reasonable – asking about my change in circumstances and how much I earned each month.

However, the operator suddenly started to sound quite threatening – she asked why I had taken a loan when I knew I couldn’t pay it back, why they should deal with me when I haven’t been in contact, why I “expected them to accept such a small amount when 4 months ago I could afford £800”, and said that I had “chosen” my change in circumstances therefore it could not be accepted as an excuse. She also said they may contact my employer, and repeated that the matter was “in the hands of solicitors”. I appreciate that every comment is true, and perhaps I deserved it, but I really thought that I would be treated with a little more respect.

I am not at all sure of my rights in this situation and what they can and can’t do with respect to enforcing the debt. I am particularly concerned about them threatening to contact my employer – are they allowed to do this? Is this matter really “with the solicitor”? My circumstances are due to change come July as my partner will be starting a paid internship for a year as part of his course. Whilst we will need to put money away in savings for his final year at University, this will increase our disposable income considerably. Currently I am also paying back Natwest for a loan at £60 per month and a credit card which I am on top of.

I would really appreciate any advice regarding:
1) Contacting them via email or post,
2) How to negotiate a payment plan
3) How to respond if they ‘correspond’ with me in a similar way to what they have done so far.

I am also considering grovelling to the parents and asking for a loan from them in order to offer a ‘Full and Final Settlement’ – any comments about how to offer, and how much is an acceptable amount would be greatly appreciated.

I accept how stupid I’ve been, but I want to take responsibility and pay back the debt. Having said that, I really don’t want to be talked to like that ever again - I felt like I was in school again!






Household Information
Number of adults in household........... 2
Number of children in household......... 0
Number of cars owned.................... 1

Monthly Income Details
Monthly income after tax................ 1432
Partners monthly income after tax....... 0
Benefits................................ 0
Other income............................ 20
Total monthly income.................... 1452

Monthly Expense Details
Rent.................................... 600
Council tax............................. 93
Electricity............................. 19
Gas..................................... 44
Water rates............................. 12
Telephone (landline)................... 13
Mobile phone............................ 40
TV Licence.............................. 13
Satellite/Cable TV...................... 0
Internet Services....................... 16
Groceries etc. ......................... 200
Clothing................................ 10
Petrol........................... 100
Road tax................................ 10
Car Insurance/Breakdown........................... 75
Car maintenance (including MOT)......... 20
Car parking............................. 0
Other travel............................ 10
Other child related expenses............ 0
Medical (prescriptions, dentist etc).... 0
Pet insurance/vet bills................. 0
Buildings insurance..................... 0
Contents insurance...................... 10
Life assurance ......................... 0
Other insurance......................... 0
Presents (birthday, christmas etc)...... 20
Haircuts................................ 0
Entertainment........................... 10
Holiday................................. 0
Emergency fund.......................... 0
Total monthly expenses.................. 1,315

Assets
Cash.................................... 0
House value (Gross)..................... 0
Shares and bonds........................ 0
Car(s).................................. 500
Other assets............................ 0
Total Assets............................ 500

No Secured nor Hire Purchase Debts

Unsecured Debts
Description....................Debt......Monthly...APR
Credit card.................700.......16........16.9
Personal loan...............1200..........60........12%
Total unsecured debts..........1950.......76........-


Monthly Budget Summary
Total monthly income.................... 1,452
Expenses.........................................1,315
Available for debt repayments..............137
Monthly Unsecured debt repayments....... 76
Amount left after debt repayments....... 51

Personal Balance Sheet Summary
Total assets (things you own)........... 500
Total HP & Secured debt................. -0
Total Unsecured debt.................... -1950
Net Assets.............................. -1450

bugslet

Hi Engineeress

The more intelligent folk that have dealt with this unpleasant outfit will be along shortly to give you good advice.

I just wanted to say that if you had never done anything stupid in your life, you'd be awfully lonely. We all do something daft ( I've got awards!):p

Secondly, I don't know if they can contact your employer. I'm an employer and have had what I assume to be DCAs asking to speak to an employee on the phone. Even if they do speak to your employer and I'm not sure that they can, I personally would think 'why are you telling me?' It's nothing to do with me for a start and all I would do is feel more sympathetic to you anyway.

Good luck! Someone with something sensible to say soon.

TheEngineeress

Thanks for the moral support

If anyone has any other advice that would be great - even just pointing me to another thread.

FTW

You could whack in a CCA request to MH, which should be sent recorded delivery, and do NOT put a signature on it. Do a google search for 'CCA request' and you'll quickly find the relevant template letter to use.

Ignore any phone contact with MH - it'll lead to nowhere. If MH phone again, keep repeating 'only in writing' over and over until they get sick. You have nothing to say to them, and they have nothing to say to you that'll do anything except annoy you.

TheEngineeress

Hi there, thanks for your help so far

I've CCA'd them and they've responded, and I also sent them the 'writing only' letter which has been fine. I sent them a full and final settlement offer of 50% a couple of weeks ago. I've just received a letter demanding payment within 7 day - nothing referring to my offer. I'm really not sure what I should do next now ...

JoS1972

Hi Engineeress

I've had dealings with MH over a QQ loan, as you said they are rude and arrogant, the woman I spoke to reduced me to tears. You need to send them a letter that requests they only deal with you by letter, the link is on here somewhere I'm just a bit of tech phob I'm afraid so don't know how to link it (sorry ). When you send it sent it signed for, that way you know that they have received it. I didn't the first time and they denied receiving the letter the 2nd time I gave the persons name that signed for it, soon shut them up.

I don't want to worry you but as you made a payment over the phone they can, if they so desire, keep taking payments off your card until they wipe out your account, it can and does happen, it happened to me by another DCA, helped themselves to over £800 in three days. Apparently its in their T&C's :eek:
If you can phone up your bank and report your card stolen, they will stop all further transactions on that card and send you a completely new card.

They can't contact your employer and speak to them about you or your debt as they would be breaking the DPA, and they know this, they are trying to scare you. MH are one of the worse DCA out there, I have no idea how the people that work for them sleep at night.

After much toing and froing with letters I must admit they got so pee'd off with me that they offered me a really low f&f settlement figure.

Stand your ground and do not get scared by them, there are some fantastic people on this site who will come along with probably better advice, and a link to the letters.

Just_Plain_Jane

JoS1972 wrote: »

You need to send them a letter that requests they only deal with you by phone

Only deal with DCAs in writing.

Read this: https://forums.moneysavingexpert.com/discussion/2719675

JoS1972

Just_Plain_Jane wrote: »

Only deal with DCAs in writing.

Read this: https://forums.moneysavingexpert.com/discussion/2719675

Sorry Thats what I meant, hands typing faster than brain:(

Just_Plain_Jane

JoS1972 wrote: »

Sorry Thats what I meant, hands typing faster than brain:(

Happens to the best of us

TheEngineeress

Thanks very much for the advice! I didn't realise they could take money from my card whenever they wanted - if they did, would it be possible to report this as fraud to my bank??

I have already sent them the letter asking for contact only by letter, and so far they have complied in part - I still get emails and texts.

What I'm more worried about is the fact that they haven't replied to my settlement offer, and are now demanding payment within 7 days. Should I just keep on plying them with letters until they give in??! I was going to write again reiterating my settlement offer, or suggesting a payment plan of £20 per month starting in April.

JoS1972

As far as them taking the payments, because when you agreed to their T&C's on line there is nothing the bank can do.

Re the letters. When it happened to me I kept reply back to their 7 day letter stating that I was still awaiting an answer re the letter I sent them, I'd always eclose a copy of the letter previously sent, in the end I think I got up to about 5 letters that i was enclosing. In your letter also mention about the texts and the emails, thats harrasement and they are not allowed to do it.

It almost sounds like you may be in 'deadlock' with MH and in that case the following guideline from the OFT debt collection guide may be worth quoting in your letter, they really hate it when Joe public know there rights. Someone might come along and say differently but its worth a try

2.12f: Visiting or threatening to visit debtors without prior agreement when the
debt is deadlocked or disputed.
By 'deadlocked' we mean where a debtor (or debtor’s adviser) agrees there is a debt and
has offered a repayment programme which has not been agreed by the creditor or debt
collector. We are not saying that any offer must be accepted but we have seen cases
where offers are disregarded and a debtor is told that 'we are sending field agents'. Many
debtors are unlikely to understand this term and are likely to view the visit as a threat
designed to make them offer more money when they can pay no more. Some letters appear
to be designed to give this impression.
By 'disputed' we mean genuinely disputed. We are not seeking to protect 'won’t pays' but
those who are being pursued for a debt they do not owe or genuinely believe they do not
owe. Debt collectors who can show that the debt is due and that any dispute has been

looked into and the debt confirmed will not be in breach of this provision