Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder suepoo85 Novitiate

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    Default Mackenzie Hall Solicitors

    Hi,
    Early last year I got into a bit of trouble and found myself taking out a payday loanicon with quick quid (stupid i know but thats a different story) anyway i then lost my job and told them that i couldnt afford to pay it back in full but now that i had a new job i wanted to pay off each month. They kept refusing and now yesterday I recieved a letter from Mackenzie Hall basically saying pay all in 7 days or else. I called them today to sort it out because I live with my mum and dad and obviously dont want epopel turning up on the door etc...The very rude scottish dude told me that unless i pay in full which is 742.75 within the next 7 days they will apply to take stuff form my mum and dads house, take me court etc etc, i really tried my hardest and offered to pay 100 per month which i think is quite reasonable, I have had experience with other debt collectionicon agencys all of which have accepted monthly payments but these dont seem to be budging and I dont know what to do as they said I need to pay 150 today and then the rest at the end of the month to clear it...I really cannot afford to do this and all he said was "with all due respect its not my problem that you cant afford it im just telling you the situation and what will happen if you do not pay, this is the best i can offer you, i suggest you find some way of raising the funds"
    What can I do? I really just want to pay each month there is no way i can afford what he is saying.
    Any help appreciated
    Thanks
    x


  2. #2
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    Default Re: Mackenzie Hall Solicitors

    Report them STRAIGHT AWAY to TS and the OFT! This bunch of numpties are under scrutiny of the OFT at the moment and they've clearly breached a number of OFT guidlines and the CPUTR 2008.

    Do you have a recording of the call? If they call again try and record, if you can't say 'everythng in writing only' and hang up

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    Default Re: Mackenzie Hall Solicitors

    Did they say they're solicitors?

    "To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

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    Default Re: Mackenzie Hall Solicitors

    No unfortunetly I don't have a recording of the call. I am scared now to be honest, he said if I don't call back and pay the 150 holding fee by 7 tonight he will start doorstep proceedings. I just don't want them turning up at my mum and dad's to take stuff can they do this? Also he said something about applying to take it out my wages? No they never said solicitors they said "debt recovery and trace consultants" he said if i don't pay then it will be passed to "legal team"


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    Default Re: Mackenzie Hall Solicitors

    For any of that to happen they have to have a defaulted CCJ! We're NOWHERE near that

    If someone calls at the door politely tell them to foxtrot oscar

    "To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

    If you do PM, make sure to include a link to your thread as I don't give out advice in private

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    Default Re: Mackenzie Hall Solicitors

    Something not many people know about. YOU tell them what you are going to pay, not the other way round. If they don't like it, let them take you to court and let a judge decide. Chances are he/she will make you pay much less than Muck Hall are demanding. These fools are powerless numpties and use threats of "may", "could" and nothing definite in their letters.

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    Default Re: Mackenzie Hall Solicitors

    They are not allowed to make threats like this - this is completely against the OFT's guidelines...If you are going to speak to them again you MUST record the calls....Did you ever receive a default notice ? Did you take the loan out online ? Was there any Protection Insurance on the loan ? Any other penalty charges ?

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    Default Re: Mackenzie Hall Solicitors

    I've forgotten who MH's pet solicitors are

    Oops!

    "To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

    If you do PM, make sure to include a link to your thread as I don't give out advice in private

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  9. #9
    Basic Account Holder suepoo85 Novitiate

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    Default Re: Mackenzie Hall Solicitors

    Yep it was online, one of those payday loansicon, completly stupid I know! Don't think there was no protection or anything like that...


  10. #10
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    Default Re: Mackenzie Hall Solicitors

    Hi Sue,
    Agree with Babybear. They are seriously out of order.
    First off, stop worrying...they cannot come to the house and take anything. Only Bailliffs can do that, and even then only after a county courticon Judgement has been obtained and even then only if you fail to keep up with repayments. The Court would only tell you to pay what you could afford..which would probably be much less than the payment you're offering.
    From now on, as Babybear says, DO NOT SPEAK TO THEM ON THE PHONE. EVER. This is how they lie, cheat and terrify you into paying because there's no proof of what they say to you. If they ring again, refuse to go through security questions and tell them from now on everything must be in writing.
    I'll look up some letters you can send them, unless anyone beats me to it! You'll get a lot of help and support to deal with these sharks on here..we hate bullies!!!!
    Back soon,
    Elsa x

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  11. #11
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    Default Re: Mackenzie Hall Solicitors

    Thanks alot. I 'll definetly do this because he said if i have not called back with the 150 by 7 tonight he will call me! I just want to pay it off not sure why that is so hard! He said that a payment arrangment cannot be arranged because it's a defaulted account?! Strange seeing as I have managed to make monthly payments on other defaulted accounts!


  12. #12
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    Default Re: Mackenzie Hall Solicitors

    Do not pay a penny to this clown tonight whatsoever.
    Report them to the OFT & trading standards immediately.
    They are well out of order.
    If he rings refuse to answer security question & insist everything must be in writing only.
    Theres more chance of Lord Lucan turning up than anyone from these fools.
    Just give him aload of abuse down the phone..he'll soon not ring back again


  13. #13
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    Default Re: Mackenzie Hall Solicitors

    When he calls toninght say 'OFT helpline how may we help'

    "To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

    If you do PM, make sure to include a link to your thread as I don't give out advice in private

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  14. #14
    Basic Account Holder suepoo85 Novitiate

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    Default Re: Mackenzie Hall Solicitors

    Lol thanks
    I'll do that when he calls tonight. Thats the one thing I was worried about because nobody is at my house during the day, just my mum and she is disabled, just didnt want bullyboys turning up scaring the wits out of her!
    I'm going to stand my ground on this one then, i'm not going to be bullied into skinting myself when I know that i am in the right x x


  15. #15
    Basic Account Holder suepoo85 Novitiate

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    Default Re: Mackenzie Hall Solicitors

    At the risk of sounding really stupid...I can't end up in prison for this can i? One of my friends said if i don't pay the full amount they will take me to court and then i'll go to prison?!!


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    Default Re: Mackenzie Hall Solicitors

    Quote Originally Posted by suepoo85 View Post
    At the risk of sounding really stupid...I can't end up in prison for this can i? One of my friends said if i don't pay the full amount they will take me to court and then i'll go to prison?!!
    Nope, unless it's council tax and stuff like that, so don't worry

    "To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

    If you do PM, make sure to include a link to your thread as I don't give out advice in private

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  17. #17
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    Default Re: Mackenzie Hall Solicitors

    There is no such thing as a debtors prison nowadays so do not worry about that (as BB said).

    Send Mucky Hall this letter if you want, and keep a copy by the door on the very, very slim chance someone does turn up:

    Dear Sir/Madam

    Account Ref xxxx

    Please be advised that I will only communicate with you in writing.

    Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

    There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

    Yours faithfully
    As previously said, refuse to answer the security questions - if they continue pestering you, ask them to hold while you set up your telephone recordingicon equipment

    Mucky Hall have recently been slapped by the OFT so you MUST report them as they will be reviewed in about 5 months now - the more complaints made about them since their slap, the better the chance of there is of these shysters losing their credit licence all together

    :)I am not an expert, but I can give good advice about Brighthouse:)

    Am learning more and more about DCA's too :)

    I have no legal experience and all advice given is based on the knowledge I've gained from this site.

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  18. #18
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    Default Re: Mackenzie Hall Solicitors

    Quote Originally Posted by suepoo85 View Post
    At the risk of sounding really stupid...I can't end up in prison for this can i? One of my friends said if i don't pay the full amount they will take me to court and then i'll go to prison?!!
    With friends like that you dont need enemies
    Muck Hall have obviously scared you witless by the sounds of all this, like everyone has said..you have nothing to worry about with them.
    They have no legal powers to money off you whatsoever - only a county courticon does.
    So tell the clown who rings tonight to bog off or else you will also report him to the police (not 999) as well as the likes of the OFT,trading standards etc...
    He is simply trying to get money off you by threats, which there are laws against in this country last time i looked?
    Do not answer any security questions & do not confirm any personal details at all...
    He will try to bully/intimidate you - refuse to give in to it.


  19. #19
    Basic Account Holder suepoo85 Novitiate

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    Default Re: Mackenzie Hall Solicitors

    Wicked thanks everybody so much for all of your advice! I'm going to do all this when and if he calls back tonight...and i'll let you all know what happens x x


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    Default Re: Mackenzie Hall Solicitors

    Mhall have no rights to take away anything that isn't yours so if they repeat that nonsense report them.



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