Mackenzie hall (quick quid pdl)

Michael1000

Hey guys I'm new to this forum but just looking for some advice.

I received a letter from MH in FEB telling me that "Quick Quid'' have 'legally' assigned the rights to the debt to MH and that MH legally owns the debt.

I received a few more debt collection letters from them telling me they were going to arrange a doorstep vist..obtain CCJ blah blah blah blah blah.........

So I sent them a CCA request. They have wrote back and have put (and this is the bit that confuses me):

''We have contacted our client for a copy of the agreement and statement of your account''-When they say 'client' that to me is implying that they don't own the debt as they state but are acting on QQs behalf? Which contradicts the letter they sent me in FEB.

The letter also states:
''Should we not receive the relevant proof from out client with 40 days we will close your file and return the file to our client. Our client will then decide what step to take"-this part also confuses me. In the letter they sent to me in FEB that have told me that legally on the debt! So if they cant obtain the relevant documentation why are they going to return the account to QQ if QQ doesn't own the alleged debt anymore?

Also MH have marked this account on my credit file as defaulted so im totally 'spun out; by them telling me they will pass the account back to QQ!?

Also I though a CCA request has to be responded to in 12 working days (+2)? Why are they talking about a response in 40 days?

Many Thanks for all advice on what my next step should be

Michael

[Deleted User]

Michael1000 wrote: »

Hey guys I'm new to this forum but just looking for some advice.


Also I though a CCA request has to be responded to in 12 working days (+2)? Why are they talking about a response in 40 days?

Many Thanks for all advice on what my next step should be

Michael

Prepare to be frustrated..
Response in 40 days sounds more like a SAR (Subject Access Request)

I guess you either arrange to pay or get a formal solution
QQ will just assign another debt collector with their speel of letters, from the days I dealt with a payday loan debt collector they were honestly more then happy to accept a £1 per month :eek: - though this was after I was granted a DRO, there is nothing like finding out a DCA really has no powers

Yeah I can remember having a QQ repayment plan - back in the day when scared beyond silly it was payback over 4 months with no other method then their D/D with a charge added on top and the cheek of them sending a discount on my next loan as soon as I finished paying I think they were hoping to alert my family as I'd never received post from them before! - well my friend you won't have to worry about that their bank details can be found on CAG so you can pay em back at your leisure if nothing else! Think they can mark your credit files if that is a worry to you

fermi

Is this your QQ debt? Not clear whether it is, or if you don't recognise the debt and are going about disputing it the wrong way?

Michael1000

Thank You Deleted User,

I sent MH a CCA request (they returned the 1.00 postal order to me saying they dident need it.)

The letter they sent back to me replying to my CCA request had the headline in big bold letters:
Request for copy of Agreement under section s.78 (1) of the Consumer Credit Act 1974.

They 100% know this is a CCA request not a SAR.

The thing that Im concerned about is they told me they LEGALLY own the debt. So if they cant supply me with the CCA why are they going to to return the account to QQ. Assumedly MH bought the debt if they legally own it as they state.

And MH have marked the account as defaulted QQ.

If MH have lied that they own the debt, where do I stand with reporting this to the relevant people?

And if they do own the debt but cannot supply the alleged CCA in the 12day(+2) does that mean that the account is unenforceable, A CCJ cannot be placed on it and that they have to remove it from my credit file?

Many Thanks,

Michael

:D:D

Michael1000

Hello Fermi,

This alleged debt was originally from QQ but now MH say they legally own it..yet if they cant supply the CCA request in 40days they are going to return the account back to QQ.

Just confused by this. I think MH may be lying that they legally own the debt and if so what can I do about it.,

Many Thanks,

Michael

fermi

Did you have a QQ debt, and if so when from?

Since a High Court ruling in 2009, failure to provide a CCA is not grounds to remove a default.

Assignment of the debt may have mistaken in the initial letter by MH, or it may be an equitable rather than absolute assigmenet whereby QQ retain some legal rights/duties on the account.

Michael1000

Thank you Fermi,

The letter MH have sent in FEB says they legally own the debt but now I have sent a CCA its like there just acting s as a DCA? so are you saying that MH may own the debt but QQ have legal responsibility's on the debt still? and if so...if MH cant provide the CCA can the account go back to QQ?

Also I sent CAP 1 a CCA request they couldn't provide the CCA and removed the default and everything related to it from my credit file as did the money shop and both accounts were closed.

Michael.

fatbelly

My guess is that MH have been assigned the debt but that they responded to the cca request with a standard letter that does not quite fit. They do have to refer back to QQ because the assignment just gives basic details and no real paperwork.

If they can't get a copy of the original agreement they will reconstruct something. The account is unenforceable as things stand.

You don't need to do anything until they respond to the cca request.

Michael1000

Thank you fatbelly for your reply.

the Letter I have received from MH in Feb says:

''we write to give you formal notice that QQ has legally assigned the rights to the above debt to MH Debt Purchase Ltd..This means that MH Debt Purchase Ltd now legally own the debt

But since I have sent the CCA request they are now talking about returning the account to there client (QQ)if they cant supply the CCA which sounds more that there acting as a DCA and do not own the debt as they claim?

Its just confused me a little and if they are lying what can I do about it.

Many Thanks,

Michael.

sourcrates

Michael1000 wrote: »

Thank you fatbelly for your reply.

the Letter I have received from MH in Feb says:

''we write to give you formal notice that QQ has legally assigned the rights to the above debt to MH Debt Purchase Ltd..This means that MH Debt Purchase Ltd now legally own the debt

But since I have sent the CCA request they are now talking about returning the account to there client (QQ)if they cant supply the CCA which sounds more that there acting as a DCA and do not own the debt as they claim?


Hi,
The fact is sometimes these debts are legally sold on but the original creditor fails to pass on the paperwork to the new creditor, hence the reason for returning it, they sell on accounts in bulk and a lot of the time forget about the niceties of having the correct paperwork, and believe it or not, some companies still today cant produce a copy of the original agreement, yes the rules on this have changed but to my knowledge they still have to produce an agreement of some sort, if they have lost it, it cant be fabricated, and therefore cant be enforced, although this is not a defence for more recent debts older ones can be challenged on this basis.

Michael1000

Thank you Money Saving Convert,

It was just confusing me that MH allegedly own the debt yet if QQ cant supply the CCA MH are going to pass the account back to QQ!?

The letter they sent me in FEB made it clear they legally own the debt but since I sent them a CCA request they seem to be implying they are just acting as a third party DCA and don't own the debt?

This forum has been very helpful, I have had two defaults wiped of my credit file and the accounts closed by the creditors as they couldn't supply the CCA...this is a Pay Day Loan from 2010 I believe.

Evan if QQ/MH cant supply the CCA Its unlikely they will remove this or mark the account as satisfied on my credit file?

I'm hoping they will but all I want is to find out how much the original loan was for...what the repayment was and how much I had already paid of it and give them the rest (without all the interest charges/late fees E.C.T)

Many Thanks

Michael