CCA, what next?

rachel4331

So I sent a letter to Mackenzie Hall on 8 Feb requesting a copy of my CCA, statement and deed of assignment. They received it on 11 Feb.

They have sent me a letter dated 12 Feb stating that they have requested a copy of my agreement and statement of account from The Associates. My account is on "hold" and no further action will be taken. They have asked for 28 days to received proof from the Associates, if not, they will close the account and then it will be up to the Associates what steps to take next.

They also returned my postal order so that was a waste of money

Does this sound right, when can I start chasing them again or do I have to allow the 28 days??

I sent the same letter to 1st credit but still today, I cannot get a pod from the post office. Should I resend?

Any advice, thanx!

stapeley

You just have to wait and see now ! Must send a £1 with a request .

rachel4331

Anyone!!??

rog2

Hi Rachel - Do not allow yourself to be 'misled' by the letter from MacKenzie Hall. It does not matter whether or not they were the Original Creditor - the fact that they were pursuing you for the 'alleged debt' means that they had a legal obligation to provide you with the true signed copy of the original consumer credit agreement within 12 working days of your request.
Their letter has no standing in law. It is their 'standard' reply when they probably have no chance of obtaining a copy of the cca from the original creditor. The chances are that they 'purchased' the 'alleged debt' as part of a job lot, and, probably, for a tiny 'fraction' of the value of the original debt. The 'return' of your £1 Postal Order makes absolutely no difference as this 'Statutory Fee' is the maximum fee that they can charge to supply this information - they are not obliged to charge you.
They knew, when they purchased this 'debt' that there was a possibility that, if the 'alleged debtor' was prepared to take them on, there was a real risk that they would see nothing. Since the overwhelming majority of 'debtors' are totally unaware of their rights (Mackenzie Hall are most unlikely to point out a debtor's rights when chasing a debt) most will, simply pay up in order to get the pariah that is Mackenzie Hall off of their back.
The chances are, in your case, that MH know that there is no cca and it's not worth their while in pursuing the original creditor for one. The 'letter' that they ave sent you is designed purely to divert your attention away from the fact that they are unlikely to be able to meet their legal obligations. It is highly likely that they will 'follow' this letter with a second letter offering you a 'reduced settlement' figure. If they do - ignore it.
Irrespective of their 'letter' Mackenzie Hall have 12 working days from the receipt of your request in order to provide you with a true copy of the original consumer credit agreement. If they fail to do so, then they are 'in default' and would require a Court Order to 'enforce the agreement', which no court, once you have informed them that you have requested the cca, is likely to give. Furthermore, after a further 30 days have elapsed MH will have committed a criminal offence and you can report them to the Trading Standards Office, or Financial Ombudsman.
There is a letter that you can, and should, send to MacKenzie Hall, once this period (12+2+30 days) has expired, which, thanks to weller711, can be found on the following link: http://forums.moneysavingexpert.com/showthread.html?p=6520151#post6520151

IRRESPECTIVEOF THE ABOVE, your request has put the 'debt' into dispute and not even the 'Pondlife' that inhabits the murky waters of Mackenzie Hall should continue to pursue you for payment whilst the 'debt' is in dispute:

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