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Gaz Webber

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  1. This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. See my thread here:- http://www.consumeractiongroup.co.uk/forum/bear-garden/16222-me-win-mackenzie-hall.html?highlight=MAckenzie+Hall The letter I used was this one. Reference:- M****** In response to your letters, dated the 15 of May, I need you to clarify the particulars of your claim before I can discuss this matter further. I do not acknowledge any debt to your clients, [companyname] PLC and have never received any correspondence from them. I require you to supply the following documentation before I will correspond further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee. A copy of this agreement should be supplied within twelve days of the above date. 2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. I would also like to point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” Therefore, you must also show that any debt you require payment of has been acknowledged by me in writing within the last six years. I request that once you have provided this information, all other contact be through letter, and that any further letters have dates which accurately reflect the date on which they were sent. I will not discuss this matter over the telephone as I find your staff to be rude, pushy and unhelpful.. Sincerely Forward details to [email protected], as this is the person who is dealing with this bunch of cowboys. If the letter does not help, then his intervention may well do. Hope this helps, and don't stand for any of their nonsense Gaz
  4. Reply today from the Kilmarnock Trading Standards Office. Something of a result, perhaps. I need now to consider further what else to do. Personally I am thinking I shall ignore them from now on, and just contact the OFT as rquested here. Email reply follows:- Dear Mr Webber, I refer to your complaint concerning Mackenzie Hall and would advise that this service is aware of the company and their business practices. At present the Office of Fair Trading are dealing with this company and I would be obliged, therefore, if you would forward details of your complaint to them. Please be aware that the OFT will not deal with individual complaints but are monitoring the company and will take account of the number and type of complaints received in determining whether any action is recquired. The action you have taken in requesting further information about the debt is correct and under guidelines issued by the OFT the company should investigate and/or provide details as appropriate when a debt is reasonably queried or disputed. It is unlikely there has been an offence under section 78 of the Consumer Credit Act, however, as that section applies to creditors and Mackenzie Hall is not regarded as the creditor where they are acting on behalf of another company. I will be discussing a number of items with Mackenzie Hall in the near future and will clarify this with them to determine whether they are buying in debts themselves, in which case they would be regarded as the creditor. With regards to the debt itself the fact that you have disputed the debt and made a reasonable request for further information on the debt is as much as you can do. It is unlikely the company will have the information requested but the onus is on them to provide it if they want to take further action. I hope this information has been of some assistance. Please do not hesitate to contact me if you require further advice. Regards Alan Stewart Enforcement Officer Trading Standards Service 14 London Road Kilmarnock KA3 7AF
  5. Okay Will do. I've already fired off an explanation about this to the Kilmarnock TSO, and will send similar to Coventry. Many thanks
  6. This is a CCA letter, to be exact this one:- Reference:- M******** In response to your letters, dated the 15 of May, I need you to clarify the particulars of your claim before I can discuss this matter further. I do not acknowledge any debt to your clients, Citifinancial Europe PLC and have never received any correspondence from them. I require you to supply the following documentation before I will correspond further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee. A copy of this agreement should be supplied within twelve days of the above date. 2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. I would also like to point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” Therefore, you must also show that any debt you require payment of has been acknowledged by me in writing within the last six years. I request that once you have provided this information, all other contact be through letter, and that any further letters have dates which accurately reflect the date on which they were sent. I will not discuss this matter over the telephone as I find your staff to be rude, pushy and unhelpful..
  7. Right....nearly 40 days since I sent the letter and postal order demanding information, and no reply, other than another text and another letter telling me a settlement figure had been reached. What would you say should be my next move, folk?
  8. Strangely I had a letter yesterday from Westcotts. I glanced at the envelope, then opened it, before realising that it was adressed not to me, but to the previous occupier, who shares the same initials. A phonecall to them informing them of the mix-up followed. Apart from being sligtly miffed that I had no forwarding address they were quite happy to accept the people had moved on, and gave me an assurance that the letter dated 13th June would be the last one I received. Here's hoping
  9. Oh my, this gets better and better No reply regarding the letter requesting all the details they hold, but *another* direct debit mandate. Only this time, the balance has dropped from £4,700+ to £4,240. And the payments have dropped from £47 a week to £10 a month. Unbelievable I will not be replying...
  10. Well, having sent a letter and a £1 postal order to Mackenzie Hall, I have received no reply within the 12 days, and so I have two options. i can let the whole thing go, or send the details to the relevent authorities. Can you guess which of the two options I am drawn towards taking? I need to do a bit of research here, and maybe you kind folk can help. Given the circumstances I have noted in the thread do I continue by forwarding the information to the relevent authorities? And if I do, is there any possibility of any back-lash? Personaly I am of a mind to hang the buggers out to dry
  11. I don't think they would dare record their own conversations. They are always abusive and misleading. Recording themselves would be the financial equivalent of shoothing themselves in the foot
  12. Sadly I didn't on this occasion, as they rang me, rather than the other way round
  13. More fun and games Yesterday I got a Standing Order form to fill out, for $47 a week! Today they rang me to ask why I hadn't filled it out, and I explained I'd not bothered because I am not an idiot. Phonedroid told me I needed to get a crime number if I thought there was identity theft happening, and I explained that I had no idea what was happening, as they hadn't sent any details at all. He couldn't understand. I explained that I was not so simple as to blindly send money to a company I had never heard of, regarding a debt I was unaware of, to an organisation I had never heard of, unless they could provide proof. *But...we have your name and address, what more proof do you want?* I explained that I would require copies of all the agreements and transfer paperwork. He called me a *****ing idiot* if he thought I would get them, and hung up. So today I am requesting the paperwork, and sending a £1 postal order. The fun never ends. I am going to play this one out. It's better than TV
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