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 michaelgreen1952 Novitiate

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    Unhappy Problems with Mackenzie Hall

    Hi

    I hope someone can help. Several weeks ago I received a letter from Mackenzie Hall stating they were acting for the Lowell Group and were chasing a debt of 2,421.00p and required payment of same.

    This debt was from about 10 years ago and was owed to Barclaycard. At that time my marriageicon broke up and I had to go down the IVA route to manage my debtsicon.

    The IVA was taken on by an Insolvency Practitioner and after about two years of paying them, they went bankrupt. I can't even remember the name but they were in London.

    I was advised by their administrators to stop making any further payments and I've heard nothing since. This was over 8 years ago and having moved several times all records are now lost. I am certain though that I have never received a CCJ for this old debt

    I sent Mackenzie Hall a time barredicon letter which they have ignored. Today I received a final notice giving me 7 days to pay up or further action will be taken.

    Any advice would be appreciated as to what to do next.

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  2. #2
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    Default Re: Problems with Mackenzie Hall

    As far as I am aware, this debt is too old to pursue (over 6 yearsicon). They are trying to get you to acknowledge it, so that they can start the ball rolling again. They cannot legally enforce payment after 7 days and are calling your bluff. I am not sure of the implications for yourself in sending the time-barred letter, but am sure that someone else will come along to advise. If you have acknowledged the debt, then you may have re-opened the time frame for them collecting on it.


  3. #3
    Basic Account Holder michaelgreen1952 Novitiate

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    Default Re: Problems with Mackenzie Hall

    I sent the time barredicon letter having seen other threads from people suffering the same issues.

    In the letter I informed Mackenzie Hall that I didn't owe them or the Lowell group anything.


  4. #4
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    Default Re: Problems with Mackenzie Hall

    I would hold tight and see what happens next. Do not contact them any more. If they try and contact you by 'phone, don't confirm anything. They are trying scare tactics to get you to worry about the "further action" they might take and if you get them on the 'phone, they will tell you all kinds of bowlarks to worry you. Ignore it.


  5. #5
    Basic Account Holder michaelgreen1952 Novitiate

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    Default Re: Problems with Mackenzie Hall

    Thanks for the advice, I doubt they will ring me I'm ex directory and they don't have the number


  6. #6
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    Default Re: Problems with Mackenzie Hall

    A tactic used on myself in the past has been the blank postcard trick... asking me to ring a number urgently, but with no details of what it's about or the company it's from. Ignore that as well if it lands on the mat.


  7. #7
    Basic Account Holder michaelgreen1952 Novitiate

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    Default Re: Problems with Mackenzie Hall

    Many thanks, perhaps if they do that it will have a Xmas message as well


  8. #8
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    Default Re: Problems with Mackenzie Hall

    Just to satisfy yourself that it is statute barredicon [if you have been out of touch for a while, a ccj could have been attached] it might be an idea to
    get a copy of your credit file.

    If there has been no movement on the account for the required 6 years
    [assuming you are not living in Scotland] then write to your local Trading Standards saying that these people are chasing you for a debt, and ask for
    their advice on how to respond as you have already informed them that it is an old debt.


  9. #9
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    Default Re: Problems with Mackenzie Hall

    Despite what the goons at MHall might tell you NOTHING will unbar a statute barredicon debt. Once the six-year time limit has passed nothing will restart the clock - letters, promises of payment, definately nothing verbal.

    The debt will still exist and you may feel morally obliged to pay. But before you do that think carefully where the money's going. The original debtor has washed his hands of it and claimed it against the tax bill. The original creditor may also have claimed on its bad debt insuarnce policies and will have definately sold it on to a debt buyer so they were not too much out of pocket.

    Now MHall comes on the scene demanding money and making vague threats which border on demanding money by deception. While the advice to check your credit files is sound you should make MHall prove the existence of any orders agaisnt your name. If they won't (because they can't!) write to them and tell their continued letters constitute harrassment and you will report them to the relevant agencies.

    Come next April the Financial Services Ombudsmanicon takes over as watchdog. Hopefully he'll be more of a rottweiler to the OFT's poodle.


  10. #10
    Basic Account Holder michaelgreen1952 Novitiate

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    Default Re: Problems with Mackenzie Hall

    All has been quiet with MH since my last letter from them offering a reduction in the alleged debt.

    Today (23/2/07) I received a red letter threatening court action if I do not settle the full debt by 26th Feb.

    They threaten CCJ, seizure of assets and bankruptcy.

    I am loathe to communicate with them, but now I want to fight back, by threatening them with Trading Standards, harrasment etc but I don't know how to go about it.

    I've since moved address and the last letter was forwarded on. I don't really want to let them know where I am


  11. #11
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    Default Re: Problems with Mackenzie Hall

    I don't think moving house makes much difference, Mackenzie Hall posted my husband a red card to our new address and we are not even on the voters role. I presume they find addresses from your credit file. We had a few emails back and forth, we have asked for a copy of the agreement, nothing has arrived, we changed email address so they couldn't bother us, so far we have heard nothing else. My husband's debt is about 12 years old and goes back to his previous marriageicon, he has never paid anything to them or communicated with them, I paid 10 per month from my bank account for a year or two to the previous DCAicon's, but have no intention of paying them anything else. As far as I'm concerned because they have had no communication from my husband and no payment from him, its statute barredicon and until they come up with paperwork etc we will continue to ignore them.


  12. #12
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    Default Re: Problems with Mackenzie Hall

    They claim to be acting on behalf of Lowell. I assume you've heard nothing from them. If you want to do something send MHall the CCA letter. This will cost a 1 and it is essential to send the letter by recorded delivery. There's a templateicon letter in the sticky section. I think its letter N.

    This request will force Mhall to produce documentation to prove a) a signed, true copy ofthe credit agreement they allege exists b) they have the right to collect and c) a statement of account.

    They have 12 working days to comply. Any form of communication which does not provide these details is bullpooooo. Sending you one document and not all three is also bullpoo.

    If they don't comply within this limit they are in default. If the default continues for another month they have committed a criminal offence (for the umpteenth time but the authorities don't do anything). That will help you because they wouldn't be so stupid as to take legal action and take you to court when they themselves have not complied with the law. Would they?

    When they default you can safely tell them to get knotted



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