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mackenzie hall debt collectors


elster
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ive been contacted bt these vultures regarding a debt to barclay card 12 years ago, like a fool i immediatley paid £100 , then after reading forums i declined to pay them until i sought advice, national debt line were good and told me to write these certain letters etc, but they still harass me and my family. They are still phoning me and questioning my children as why am i never in etc. should i carry on talking to these as i dont want any sharks on my door step???????????? Any advice please as i hear so many stories of M/H, SURELY THEY READ THE FORUMS

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Yes they got in contact with me around christmas with a threatening letter , like a fool i paid £100 as i didnt know the consequences and basically panicked. but i googled them and wow so much negative info on these horrible people.Ive been harrassed on the phone and so have my children and wife. I got in contact with national debt helpline and wrote a letter to m/h saying im not paying as it is over 12 years ago . i know i shouldnt pay it but the calls are never ending, any advice please , surely m/h read these forums

respect and regards:(

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Dear Elster I'm still rather a "newbie!" on this site but within a few days these guys had turned things around for me. Basically someone more knowledgeable than me will have the answers your looking for but relax your amongest friends now and these guys and gals will sort your problems out. In a short while you''ll be laughing at these debt collecting agencies pathetic attempts to bully money out of you, honest! Hang in there, best regards Phil

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i think it was back in 1994/5, i really thought it was written off, i get my debts sorted and these vultures put stress on me and my family, which i do not like the way they talk on the phone to my family, great info every one thanks

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It seems that National Debtline have already sent them a Stat/barred letter and being 12 years the payment at Christmas although will be seen as voluntary cannot un-bar the debt.

 

Send them this Statute barred letter;

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162366

 

And remind them of the OFT guidelines on pursuing Statute barred debt;

 

Statute barred debt

 

2.13 This guidance applies to the pursuit of debt regardless of its age. We will be

carrying out further work on this aspect of debt recovery including analysis of

relevant legislation and practice throughout the UK.

2.14 In the past we have dealt with a number of statute barred debt cases governed by

the Limitation Act 1980, which applies to England and Wales. Based on that

experience our position with regard to England and Wales remains:

a. we accept legally the debt exists

b. it is the methods by which the debt is collected that can be

unfair as follows:

• it is unfair to pursue the debt if the debtor has heard nothing from

the creditor during the relevant limitation period

• if a creditor has been in regular contact with a debtor before the debt

is statute barred, then we do not consider it unfair to continue to

attempt to recover the debt

• it is unfair to mislead debtors as to their rights and obligations, for

example, falsely stating or implying that the debt is still legally

recoverable and relying on consumers not knowing the relevant legal

provisions, and

• continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

 

 

Regards, Dave.

  • Haha 1
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elster. at 12 years old the debt was probably statute barred and could not be collected. howver, by paying £100 you may have acknowledged the debt which 'revives' it. Ouch.

 

However, what is the debt for exactly? If it is a product regulated by the consumer credit act your first call will be to ask for a copy of the original credit agreement. In many cases that foxes them :-)

 

If the debt does related to a CCA regulated product they are not allowed to chase you for the debt until they have provided the copy agreement.

 

keep reading!

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Hi Elster

 

I'm a newbie here myself thanks to these bullies phoning my aged parents and upsetting them about a very old "debt" of mine.

 

Don't worry - if that's possible. They will try to scare you into paying - do not give in. If they phone again DO NOT TALK TO THEM! Tell them you will only communicate with them in writing. If they continue phoning, there is a harrassment letter on this site you can hit them with - or you can call back the national debtline and they'll send you a sample letter.

 

Keep smiling.

 

:)

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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Write to them using the statute barred letter you will find in the templates. It tells them to go away and requires them to confirm this is the case.

 

If they don't then invoke their complaints procedure. They are obliged to have one and resolve your complaint within eight weeks. If the matter isn't resolved or they ignore your requests - no one has yet shown me a MHall complaints procedure - then complain to the Financial Ombudsman. I would be tempted at this stage to ask for your money back - plus interest!

 

Don't be afraid of these bullies. Using the law properly means you have a much better chance of beating MHall than they have of getting money out of you.

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would it be worth trying to get my money back or is that a big request? im getting to the point of getting really threatening myself , as they are really winding me up , im gonna hound them with some silly and childish tricks , like they have done to all the people , watch this space . Thanks for all the advice folks big respect.

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They will probably come back to you saying that as you paid the 100 quid at Christmas the debt is no longer Statute Barred. This is a load of Baloney. Once a debt becomes Statute Barred its always Statute Barred and I feel you will have to write off the 100 nquid and put it down to experience. They probably bought the debt for buttons

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I see a good case for getting the £100 back, but you'd probably have to go to Court for it. There's no harm in trying, first with an initial request, then a LBA, then an N1. As they had no right to the payment in the first place, as it was Statute Barred, I can't see them entering much of a defence.

 

It's really down to how much you need the money, and how much you want to punish them. You may prefer to regard the £100 as a small price to pay for getting them off your back.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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It may be statute barred Dave but legally the debt still exists. As to whether or not Mac Hall had legal title to demand payment is of course another matter. I do not think it would be worth the hassle or expense of going after the clampetts to recover the money. It pained me very much to say that I have to admit.

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Getting your £100 back might take a little time (that's why I said plus interest) and a bit of work but it could be worth it in the end.

 

Send these idiots a CCA and wait for them to default. They will because they probably don't have the paperwork. That will take 12 working days and a calendar month. A CCA puts the matter in dispute and MHall, like all good, law-abiding debt collectors, should put the matter on hold. They won't and will continue to bombard you with letters demanding payment. Ignore these because the CCA is in and that's the next reply you want.

 

Once the default is in hit them with the request for repayment, LBA and N1. It would be very interesting to see if they defend any claim as they would have to show up in court with the ORIGINAL documents to prove their right to collect.

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Getting your £100 back might take a little time (that's why I said plus interest) and a bit of work but it could be worth it in the end.

 

Send these idiots a CCA and wait for them to default. They will because they probably don't have the paperwork. That will take 12 working days and a calendar month. A CCA puts the matter in dispute and MHall, like all good, law-abiding debt collectors, should put the matter on hold. They won't and will continue to bombard you with letters demanding payment. Ignore these because the CCA is in and that's the next reply you want.

 

Once the default is in hit them with the request for repayment, LBA and N1. It would be very interesting to see if they defend any claim as they would have to show up in court with the ORIGINAL documents to prove their right to collect.

But we all know Muck Hall Will have F**k All

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Thanks for the advice , as all this is new to me what is a cca, as im going ahead with it all the same

 

Hi Elster

 

A CCA is a Consumer Credit Agreement. There's a basic letter to send to these lovely, caring folk which you can find here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

It's letter N that you want. They have 12 working days to come up with the original copies of your agreement (which, as I'm learning, they are ...erm ... very unlikely to have - snowflakes and hell spring to mind). As nailpost says, this puts your account in dispute - so any payments should be put on hold. Unfortunately, MH will not acknowledge this, but you will then have the law on your side and are quite within your rights when you do not pay them anything. Send the letter by registered (?) post - so you can check that they have received it. Then sit back and wait. Let CAG know what is going on so others better able than me can continue to advise you.

 

Oh - and don't talk to the neds on the phone (unless you are recording their phone calls). Tell them you have sent them a letter and are waiting for their reply.

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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In addition, if you are being plagued by these parasites over the telephone, just mention in a letter to them that such calls are an offence under section 127 of the Communications Act 2003. The Act states, specifically:

 

127 Improper use of public electronic communications network

 

(1) A person is guilty of an offence if he—

(a) sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

(b) causes any such message or matter to be so sent.

(2) A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—

(a) sends by means of a public electronic communications network, a message that he knows to be false,

(b) causes such a message to be sent; or

© persistently makes use of a public electronic communications network.

(3) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

I used to receive calls from a DCA until I included this reference in a letter to them. The calls stopped straight away, and I've never heard anything from them by phone since.
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If you acknowledge the debt after the expiration of six years from the date of the debt then section 29(7) of the Limitation Act 1980 states that will not extend the time for payment.

 

I know of no requirement under the Consumer Credit Act 1974 to provide a copy of the regulated agreement (I've certainly not had to do it) but it may, of course, allow the debt to allege it did not comply with Section 61 of the Consumer Credit Act 1974 and the Regulations

 

Russ

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elster. at 12 years old the debt was probably statute barred and could not be collected. howver, by paying £100 you may have acknowledged the debt which 'revives' it. Ouch.

 

Once Statute barred always Statute barred. The payment whilst unfortunate and clearly voluntary cannot be used to reset the clock.

 

The Limitation Act 1980;

5. Time limit for actions founded on simple contract.

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.

 

 

 

Best wishes, Dave.

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