Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
i've had some debt many years ago that I didn't repay. Waaay more than six years ago and MACKENZIE HALL chased me for them last year. I told them that they were statuate barred and they left me alone. Now, I got an alert from Equifax telling me that:
MACKENZIE HALL - KILMARNOCK (BAT , a debt collector company, has made an inquiry against your credit report on 26/01/2010 . If you were not aware of or did not consent to this search, contact MACKENZIE HALL - KILMARNOCK (BAT or Equifax for clarification.
Do I need to be concerned about this? Am I going to have to expect to write letters again shortly? Will this affect my (now) excellent credit record and be recorded as a "search"?
This time I'm a little more concerned as I will be leaving the country next week for three months and won't be back until May. This means I won't be able to monitor my post.
I have had the same with Muck Hall! They have 4 searches on my file on the same day! so if anyone has a letter or a reply we can send them please post it up as I want to deal with these muppets! Thanks
Re: Unlawful credit searches.
I found out in 2007 through a third party that a car finance company conducted 2 searches on my experian credit file without my permission. After a visit to their offices, then many phone calls and letters I contacted the Information Commissioners Office and lodged a compliant for them to investigate on my behalf.
Subsequently at the end of last year the ICO officer found that the company had breeched 2 of the data protection acts against me.
I am now in the process of taking the company to court for compenstation because they have not acted in my best interest and consistantly lied from the onset about these credit searches , which I have prove of.
I know that I am now fighting for so many individuals and will keep you informed as to the outcome of my court action against this company.
thank you! Sounds like your being a bit of a champion here and I really appreciate it as do many others I'm sure.
So just to clarify then, no one is allowed to search your credit history without your concent or is it only that they are allowed to do so if its to your benefit?
Would you be able to outline any sort of compensation claim? This sounds interesting as I would have no idea how to "money'fy" a credit search claim. I'm particuly interested as I've already told them to go away once on another claim that was statuate barred.
If its a table 2 search then no one sees it and it does not effect your credit score.
Table 1 searches are seen and do effect your score.
statute barred means the money owing can not be enforced though the courts. It does not mean they go away, if MuckHall have the accounts and the CCAs or thanks to McGuffick a possible CCA then they can say they are justified in searching.
However saying that if they have admitted they are statute barred then why are they looking. Have you got any other accounts they may have picked up?
Any compensation would have to be claimed for distress and or loss. Not just because they put a marker on your file.
Raise an online dispute with Equifax, Muckhall will have to say why they searched so you will know, or better still if they dont get back to Equifax within 28 days Equifax will remove it.
You are correct, it means the money is still owed however, in the eyes of the law the company has not bothered chasing for six years so they are obviously not interested and therefor after this time, its unfair to hold the threat of action ongoing.
Muckhall send threatening letters and try to letter bully people. This is in clear breach which is why they (normaly) go away when you tell them they are against the law.
You are correct, it means the money is still owed however, in the eyes of the law the company has not bothered chasing for six years so they are obviously not interested
I agree and have the same problem with un-defaulted accounts on my file. I believe if payments are not collected or asked for in the six years it takes to become statute barred then it should be removed from the CRA file. However it isn't, so companies keep entering information and searches simply in retaliation.
They know they cant enforce the debt but they can make it difficult for you to obtain credit.
they can search but need good reason to and as for listing data over 6 years old I'd just contact the CRA's informing then of the original default date and tell them to remove it.
If they don't and you have the proof the debt is SB write to the DCA and tell them if its not removed you'll take them to court. They seem to back down very quickly when it comes to SB debts.
I am in the same situation. I was recently refused credit and when I got my credit report from Equifax it showed an outstanding debt search (in table 1) from Mackenzie Hall. I know that I did default on some debts apprx 12 years ago, due to some particularly difficult personal circumstances, but have never missed a payment on anything since then. I have raised an online query with Equifax and they have sent the query to MH. I am awaiting their reply and will repost when I get it