OFT imposes S33A requirements on Mackenzie Hall Limited

[fujimar]

News Release:

 

Office of Fair Trading Issues Requirements on Mackensie Hall see The Office of Fair Trading: OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts

 

Link to Requirements Order [pdf format]: http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/requirements.pdf

 

Any complaints about non-compliance should be sent to:

Enquiries

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX

Email: [email protected]

___________________________________________________________

 

REQUIREMENTS IMPOSED BY THE OFFICE OF FAIR TRADING ('OFT')

PURSUANT TO SECTION 33A AND SECTION 33D(4) OF THE CONSUMER

CREDIT ACT 1974 ('the Act')

 

REQUIREMENTS RELATING TO:

 

MACKENZIE HALL LIMITED (Consumer Credit Licence Number

5444071, registered office address: 58 Portland Street, Kilmarnock,

East Ayrshire, KAI I JG

 

THE OFT REQUIRES AS FOLLOWS:

1. That as of 15 April 2009

1 .1 Mackenzie Hall Limited will not carry out Debt Collection Activity where it has been informed, in writing, that there is reasonable cause to believe that the debt is in dispute.

1.2 Mackenzie Hall Limited will not carry out Debt Collection Activity where it has been informed, in writing, that the account is statute barred.

 

Debt Collection Activity is defined as:

a) sending debt collection letters;

b) making of debt collection calls;

c) the use of any other medium for the purpose of collecting an outstanding debt; or

d) the acceptance of payments offered against a debt.

 

A debt is considered as in dispute where:

a ) it has been reasonably demonstrated that the debt has been previously paid;

b) a request under section 77 or 78 of the Consumer Credit Act 1974 has not been complied with, and this prevents the agreement being enforced without the permission of the court;

c ) it is reasonably believed that the debt may have been incurred as a result of identity theft or fraud; or

d ) it is reasonably doubted that the person being pursued for the debt is the actual debtor.

 

For the avoidance of doubt, where only part of a debt is disputed Mackenzie Hall Limited may seek to recover any other part of the debt that is not disputed.

 

ANY FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS WILL RENDER MACKENZIE HALL LIMITED LIABLE TO FURTHER FORMAL ACTION BY THE OFT. THIS COULD INCLUDE THE IMPOSITION OF FINANCIAL PENALTIES PURSUANT TO SECTION 39A OF THE ACT AND/OR THE REVOCATION OF MACKENZIE HALL LIMITED'S CONSUMER CREDIT LICENCE PURSUANT TO SECTION 32 OF THE ACT.

 

Signed:

Ray Watson, Director, Consumer Credit Group

Authorised signatory on behalf of the OFT

 

____________________________________________________________

 

www.fujimar.eu

Edited April 22, 2009 by fujimar
Reformatting

[dx100uk]

great news.....

 

 

right now let hope welcome finance is next!

 

dx

[WelshMam2009]

I personally am grateful for the clarification as to what constitues a disputed debt.

 

None of my creditors have supplied an agreement under s78 of CCA 74 and yet Citi and MBNA have written to state that they do not consider the debt to be in dispute because of this.

 

I shall be using this decision with great delight!!

 

Many thanks for posting Fujimar!!

[the_shadow]

I personally am grateful for the clarification as to what constitues a disputed debt.

 

None of my creditors have supplied an agreement under s78 of CCA 74 and yet Citi and MBNA have written to state that they do not consider the debt to be in dispute because of this.

 

I shall be using this decision with great delight!!

 

Many thanks for posting Fujimar!!

 

Yep so nice of the OFT to put something in writing and publish so we can all add it to template letters not only to DCA's but OC's also....:D

 

S.

[fermi]

Yesterday's thread with further comments from Caggers is here ----> OFT imposes requirements on Mackenzie Hall. ;-)

[mr.ton]

MH are really getting it at the moment seemingly

[count orlok]

great news, and as hase been said before 2 down 11 to go

[babybear39]

Wonder who the other 11 are

[sillygirl1]

From the front page of Credit Today

 

Credit Today online

 

Well done to all the CAGGERS (including me after this lot kept SMSing my WORK phone....) who complained to the appropriate authorities. Hopefully even more DCAs will have their collars felt over the coming year.

 

Two almost down - Ist Credit and Mackenzie Hall... YAY YAY

[babybear39]

 

Two almost down - Ist Credit and Mackenzie Hall... YAY YAY

 

I couldn't think of 2 more derserving of the OFTs interest

[JonCris]

wot no guests - truth hurts or not out of their pit's yet - having spent the night chasing the elderly & the vulnerable probably for money they don't even owe such is their track record

[mr.ton]

The guests will be sniffing about...no doubt about that