Still shaking ... Mackenzie Hall - have a committed a criminal offence?

[tiglet]

Hi

My mum received a letter yesterday from a company called Mackenzie Hall, chasing a debt (again, it was a student one and, again, i honestly can't remember 10 years back as to whether I paid it or not - see ECI posts).

I telephoned this morning and spoke to a nutcase called Laura. I asked when the debt was from and she stated it was for a store card taken out 10 1997, which was sold to Cabot in 2002 and they were representing cabot. Half-way through the conversation, she then said that MH owned the debt - i queried this and se said "We are acting on behalf or Cabot so Mackenzie Hall own the debt". I'm a tad confused about this.

I then informed her this meant the debt was statute barred - no, she said, because Cabot didn't buy the debt until 2002. I told her that this had nothing to do with it and that it was whether contact/payment had been made within 6 years. She then started yelling at me, telling me that as I hadn't given a forwarding address, i had committed a criminal offence! She said lots of letters had been sent to my Mum's address (they haven't, or my Mum would definitely have passed them on, as she did this one). She then said statute barred only meant that they couldn't pursue me through the courts, but that they would still pursue me. I then started telling her about the OFT guidelines on harrasssment, she started shouting even more and put the phone down!

I am gobsmacked! I don't understand this thing about committing a criminal offence? i was going to send them the standard statute barred letter, but I don't really wnat them to know my home address now. However, if they're right and I've committed a crime, i don't want the police turning up at my Mum's doorstep - i'd rather walk into the police station myself.

Help????? Please???? Quickly??? Really starting to panic here.

Thanks in advance.

[rippedoffagain]

You have not committed a crime.

Do not speak to these people. Send a CCA 1974 request for agreement.

Give them your present address referring to your mothers address, include the phrase "I do not acknowledge this alleged debt", also state that no correspondence will be entered into, until the requested document is produced.

[ODC]

Its a pity you answered these [edited] at all. I know its easy to say but you should have put the phone down. Then composed yourself and if you answered again inform the Lovely Laura that her call was being recorded.

You have NOT committed a criminal offence. [edited].

[ian cognito]

Also have a read of this:

Debt collection guidance (pdf 117 kb)

[tiglet]

Thank you so much.

i'm afraid the PDf link doesn't seemt o be linking to anything - could you let me knwo where to find it?

Thanks

[NailPost]

No one should ever call a debt collector. They will lie and bully and do almost anything to get their hands on your money.

The only true thing told to you was that a statute barred debt can be chased but cannot be enforced through the courts. This nugget of information is important because you can now see where MHall are coming from.

You could send them the Statute Barred letter - find a template in the stichys or send them the CCA letter. Whichever send it recorded and wait for the reply. In many instances they never respond.

[tiglet]

Thanks Nailpost - do think it would be worthwhile phoning east ayrshire trading standarsd? this woman really scared m into thinking the police were going to get involved.

[NailPost]

East Ayrshire TS know all about the activities of MHall. Wait until they default on the CCA and then let everyone know!

[tiglet]

so should i send the CCa request, statute barred letter or both?

thanks for help/support guys - I only contacted them because they sen a ltter to my mum, as i've said, and as she's a widow with cancer, I really didn't wnat her to get debt collectors turning up at the door or anything like that.

[rippedoffagain]

CCA request, don't get into statute barred until you have a copy agreement, which you probably wont get.

[tiglet]

Thanks. i'll do that today.

I still can't believe Loony Laura told me I had committed a criminal offence by not providing ... well, i don't know who, with a forwarding address. surely the fact their letter got through shows I can still receive post from that address?

[rippedoffagain]

I had a DCA chasing me for a debt that was over ten years old, I never ever responded to their letters, eventually I wrote to them under the Freedom of Information Act, asking for all the info they held for me, reply;

Mr X XXXXXXX a/c XXXXXXX £XXXXX

That was it.

[SHERLOCK]

I betya £1.00 they can't find it, thats how confident I am

[tiglet]

How about premenstrual psycopath? (yes, mods, i'm joking too and as a woman, I'm legally entitled to comment on ovulation)

Thanks, that made me smile

[tiglet]

I've just phoned my mum and got her to dictate the letter received from MH to me over the phone, it goes as follows:

22/02/07

Ref: xxxxxxx

Pursuers Cabot Financial Group £xxxx

This letter is sent by the way of introduction to Mackenzie Hall Ltd who have been instructed by the Cabot Financial Group, being the owner of the above account to pursue you for payment in full. This communication is an attempt to collect the payment in full without the need for further action. Our client’s records show that you are contractually responsible for payment of all monies due.

The agreement dated and regulated under the terms of the Consumer Credit act 1974 went into default and subsequently charged off by the original lender. As a result of that default, the total balance outstanding at today’s date amounts to £xxx inclusive of all interest accrued in accordance with the terms of the agreement.

Accordingly, Cabot Financial as the legal owner of the balance due is entitled to immediate payment of that amount from you. Your payment must be made payable to Mackenzie Hall, quoting reference xxxx.

If you dispute the validity of all or any part of this debt, you must notify Mackenzie Hall in writing providing full details of the reason for your dispute within 7 days of the date of this letter. Should you wish to discuss payment, please telephone xxxxxxx

If we do not hear from you within 7 days, further action will be taken in respect of the full outstanding balance. If however, you are not the person named above or have information regarding the person’s possible whereabouts, then please contact our investigation team in confidence or the alternative telephone number or email address below:

rcollins@mackenziehall.co .uk

Jerry Shaw, Account Manager

Mackenzie Hall may record telephone calls etc, etc, etc …


This seems to me as if they ahve the original agreement, so would I not simply be better advising them it is statute barred?