mackenzie hall

tcalamity

mackenzie hall
i have a problem with these people, i keep getting letters from them so i looked on this site and decided to send this to them:
Dear Madam/sir,

In response to your , I need you to clarify the particulars of your claim before I can discuss this matter further.

I do not acknowledge any debt to your clients, and have never received any correspondence from them. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee. I understand that a copy of this agreement should be supplied within twelve days.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Yours sincerely,

PLEASE NOTE £1.00 P/O IS NOT FOR PAYMENT TOWARD THE DEBT BUT FOR THE ADMINISTRATION OF DETAILS REQUIRED.
enclosed a £1 postal order in payment of the statutory fee no:

this letter i sent on the 3rd november, they got it on 7/11/07 and today i got in the post dated 9/11/07 which is a standing order mandate for payments of £35.00 if i do not pay further action will be taken. i have had none of the above info i asked for sent to me. what do i do now? this debt is not mine, what do i do next.

RAS

Hiya

Cheeky *****

The 12 days in which they should have proved you liability was up yesterday, so they are trying it on.

Sit tight. Another month (30days) +2 days, and you can write and tell them were to put their standing order mandates.

As it is unless they produce the CCA in the next month, they cannot do anything .

tcalamity

what will happen with regards to this mandate for money, it is dated after they got my other letter. so is this why they sent it. i get really confused with things like this

tcalamity

do you think by sending in the p/o for the statory fee for administration for this info has maybe been accepted as payment although i did put it on my letter to them that it was only for the fee and not as payment toward any debt.
i am a very stressed mother of 4 with this i have been separated from my ex-husband since 1999 and divorced final in 2001 how can i check if it has something to do with him as the letter was in my old married name (i have changed my name since in 2003 by deed poll) but i have checked all my experian credit files and on there i have my maiden, married and new name all on file but no debts, ccj ect for this company or anyone directly involved.

rog2

tcalamity wrote: »

do you think by sending in the p/o for the statory fee for administration for this info has maybe been accepted as payment although i did put it on my letter to them that it was only for the fee and not as payment toward any debt.

Hi tc - whilst MH probably will try to claim that the 'statutory payment' as a payment towards the 'alleged debt', provided that you made it clear that the payment was intended as the 'statutory fee' then they will not have a leg to stand on.
Mackenzie Hall are the 'refuse collectors' of the burgeoning 'debt-collection industry' - they 'specialise' in debts that are difficult to collect or, because of the age of the 'alleged debt' are 'statute barred' and unenforceable through the courts. In the majority of these cases the original creditor has accepted that they will no longer see their money, or decided that the cost of collection does not warranty the risks involved, and have, most likely, 'sold' the 'debt' to MH for a nominal figure - MH then take on the 'risk' and, based usually on the debtor's ignorance of the rights that the law gives them, stand to make a tidy profit out of them.
It is unusual for them to be in possession of the original cca since, if it were in order, then the original creditor would have had no real problem in enforcing it. MH often try to 'gloss over' their legal obligations by offering a 'reduced settlement' - usually around 50% of the original 'debt', in the hope that 'debtors' will pay this to get MH off of their backs - I'm sad to say that this is a tactic which often works for them.
If, as you say, your credit file has no mention of any 'debt' then I am tempted to believe that the 'alleged debt' is, probably, a very old 'debt' that you may not even have 'owned'. This, at the very least, is likely to be covered by the Limitations Act, and, providing that you have made no payment towards it, nor acknowledge it, in writing, for a period of six years, then the debt becomes 'statute barred'. Once a debt is 'statute barred' you need only tell the creditor, or dca, that you will not be making any payments because that debt is statute barred (you need give NO other reason) and they can no longer pursue you, through the courts, for payment and should leave you alone.
Do NOT be misled by any attempts by the infamous MH to tell you that your £10 was a payment towards this 'debt' and that, because of your payment, the debt is no longer statute barred. Once a debt becomes statute barred, it remains statute barred.
So, if MH are unable to provide you with a copy of the original signed cca within the prescribed 12 working days, then it is more than likely that they will be unable to do so at any point in the future. Equally, by requesting the cca, you have put the 'alleged debt' into dispute and MH should NOT be trying to pursue a 'disputed debt':

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

tcalamity

thanks for that, although i am still a little worried, but that is just my nature. any advice is very much appreciated.

rog2

tcalamity wrote: »

thanks for that, although i am still a little worried, but that is just my nature. any advice is very much appreciated.

Just DON'T let Mackenzie Hall know that you're worried - they are particularily skilled at exploiting the weaknesses of their victims.

RAS

Well done so far.

tcalamity wrote: »

do you think by sending in the p/o for the statory fee for administration for this info has maybe been accepted as payment although i did put it on my letter to them that it was only for the fee and not as payment toward any debt.

MH will try all sorts but you covered yourself. You are fine

tcalamity wrote: »

I have checked all my experian credit files and on there i have my maiden, married and new name all on file but no debts, ccj ect for this company or anyone directly involved.

It sounds like this is a very old debt which would be statute barred anyway, as Rog says, IF it is even yours in the first place. If it was enforceable, it should be on your file.

Have you made sure that all references to links with OH have been removed by all 3 credit reference agencies?

tcalamity wrote: »

I am still a little worried, but that is just my nature.

That what these Barstewards rely upon. If you hang around here for a while, you will encounter people who have been debts that did not even belong to them or were completely unenforceable.

It takes a bit of time and some nerves but you are very very unlikely to have to pay this debt and at present there is NOTHING that MH can do to enforce any debt collection procedures.

The only thing they can do is hope that you do not know the law and will cough up to get them of your back. By Christmas, they will have been taught otherwise.

Keep you chin up.

If things are generall difficult, you might want to post an SOA, so people can help you find ways of getting extra money and making what you have got go further.

Also, join your local group on www.freecycle.org; it is like e-bay but everything is given away for free. If you have four kids, that is a useful source of clothes and stuff. Also if the freezer or something packs up, you can often get one to tide you over for a while rather then going without or paying extortionate rates for credit.

Post here is you hear any more from MH.

tcalamity

sorry what does oh stand for

RAS

Other HAlf

Even if he is now an ex other half.

Just that if you had joint accounts that were not closed, you could still be linked to him financially. That means his credit rating can affect yours, etc.

tcalamity

i have had a hard time since 1999, my ex-husband has got away without paying his debt which being the weaker person i have paid/paying through a dmp(greggory pen) not the best company i know. my ex-husband is untracable but i know where he lives but nothing is done, he has never paid anything towards the upkeep of the children and untraceable to csa and i work in a school term-time for the past 8 years. so i am trying my best but this letter is the icing on the cake at the moment. although im with greg pen i want to change to charity run dmp and finding hard to change. we dont have luxurys, christmas is a struggle. i dont drink, smoke, go out or go on holidays or take children on treats. i pay dmp 113 per month 25 is management fee. i am paying this debt but quality of life is not good and i dont sleep well as i constantly worry about it all, and i feel i miss out on the children growing up, because of this. sorry had to get this off my chest i appreciate all your support shown to me.