1st Red, then Lowells, now Mackenzie hall!?!

[notvhappy]

Good Evening,

 

I wonder if anybody can help me. About 3 weeks ago, I received a letter from Red Debt collection Services regarding a debt to HSBC to the value of 564 pounds. I am still not sure what it is for, but must date back to my Uni days, (ended 2000'ish), I jumped on here for some advice and hence sent the following:

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question. Such evidence would involve documents such as a copy of any alledged agreement and a statement of account.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

 

I have recently returned from vacation to find a letter dated 4th October from Lowells confirming that my comments have been noted and that the account in question has the following reference number, etc. They then mention that they require me to contact one of their agents by telephone to discuss.

 

In the same post batch, (due no doubt to the Postal Strike), there is a letter from Mackenzie hall dated 12th October, (A FINAL NOTICE), informing me that they have been instructed by Lowells to collect this overdue amount.

 

They continue, "Our clients have informed us that they are unaware of any legitimate reason for none payment of their account and although they would prefer an amicable settlement, they will not hesitate to take further action as may be appropriate.

We trust that this will not be necessary and would request that you send your payment by the deadline below, via the enclosed business reply envelope to avoid action."

 

The Deadline is Noon 19th October 2007.

 

Any suggestions for next action? From reading this site, I suspect that any debt that it is maybe statute barred, but I cannot be 100% sure...

 

Any help/advice would be greatly appreciated!

 

Thanks in advance.

[reduk054]

HI notvhappy,

Do not worry yourself too much!

It sounds as though you have received the normal threatening letters that appear to from DCAs and their solicitors daily ritual of annoying/scaring people.

 

Lowells have given you a reference number....but that does not confirm that you owe anyone anything at this stage. DO NOT PHONE THEM!

Also M Hall, have implied that they will take further action, so that again you will pay.

You need to send letters to all parties stating that you do not aknowledge any debt to them or their client (which ever is applicable).

If it is statute barred, then Lowells / Mackenzie Hall will have to prove that the debt is not! But you seem uncertain if your alleged debt is or is not!

Have you sent a CCA request or just the letter from your first post?

You need to establish if there is an outstanding debt, and if Lowells/Mackenzie Hall can prove that you owe it by furnishing you with the relevant paper work!

Red

[reduk054]

Think that you have found this on another thread but posting for you here incase you missed it about Red/Lowells (permalink)

[Curlyben]

Just send MH the same letter and make them prove what the debt relates to.

If/when they respond then we'll have something concrete to work with.

Until then ignore their nastygrams and NEVER talk to these "people" on the phone as they will say anything to secure a payment.

[notvhappy]

Thanks very much Red, I have just read through your permalink. What letter do you think I should send? A CCA, (What is a CCA?), plus a do not Call letter? Or should I go straight to the Statute barred Route?

 

Whatever this debt is, it must be from Uni, I have been much more diligent since then. It could be a store card? I thought I had settled them all if this is the case, but from what i've read on here, it could have been a small remaining balance which has mounted up interest over 6 or so years?

 

I don't understand why it is happening now? If I have this so called debt, why haven't I been contacted before? I have been on the electoral role at about 3 different addresses since uni, why haven't they written to me before? I have credit cards and a mortgage, so seemingly this alledged debt is not affecting my credit score, it is all very confusing?

[Curlyben]

Hold fire on the CCA until you know what they are chasing.

If this indeed an old debt, MH are well known for being serious no hope bottom feeders.

Can you remember the last time you could of acknowledged this old debt ?

[notvhappy]

Not for sure Ben, sorry...

 

Perhaps 2000/2001? Problem is I don't know what it is? In my opinion it can only be 1 of 2 store cards I had at Uni, but I thought they were both settled?

 

I graduated in 1998, and I can't remember any correspondence with either of them at all?

 

Finally, what is a CCA? What letters should I send in your opinions Guys?

 

Thanks again!

[reduk054]

Hello again Not v happy (evening Curlyben).

 

You could have triggered off this alledged debt by checking your credit record, such as Experian/Equifax, but that is another (long) thread!

And true, it could have been a small overlooked amount which grew over a few years, but as CurlyBen quite rightly says, you need to know what this debt is for first of all!!

So for now, send the letter stating that you do not aknowledge any debt to M/Hall or their client.....and we can talk cca as and when this may or may not be needed....

Please dont worry too much at this stage they are "phishing" (if i am allowed to use that term for DCAs?), and frightening you into potentially paying something which you may not owe!

Red

[Curlyben]

CCA is the last option after they definitively PROVE that this debt is NOT barred by statute, but judging by Mackie's current run of luck, we'll never get there

 

Yes Phishing is the right term for these tactics.

[reduk054]

I have heard that Lowells have dealt with Debenhams store cards, if this helps?!

Red

[notvhappy]

Thanks again Red,

 

I haven't checked my credit record for 3 years or more!?!

 

I know the debt is allegedly to HSBC, and they have given me a reference, so how do I find out what it is for? I have sent the letter at the top of this thread, but that hasn't seemingly done the job,so what next?

 

NVH

[Curlyben]

The first letter should make them give you details of this debt.

They will most likely respond with more nastygrams.

Wait until they come back with something you can work with.

Shout if you need assistance.

[notvhappy]

Thanks Curly Ben

 

So just sit tight? Inspite of the 2 letters I have just received?

 

I have just had a thought? Could it be somebody who has used me to take out a card or Bank Account? I have never banked with HSBC...

 

NVH

[Curlyben]

In that case defiantly send MH the "what the feck" letter you detailed above and wait for their response.

[notvhappy]

Hi again CurlyBen & Red,

 

Sorry I think I may have confused the issue?

 

I have already sent the letter at the beginning of my thread to Red Debt Collection. Should I now send it to Mackenzie hall too? I assumed the letters I have received from Lowells and Mackenzie hall were because of this letter I have sent to Red Debt as they are all connected.

 

Thanks again...

[Curlyben]

Yes send it to Muckie Hall as well.

RED and Lowell are the same company

[notvhappy]

Thanks Curlyben.

 

Im on it!

[ODC]

Its up to them to prove the debt is NOT statute barred not up to you to prove it is. Bearing in mind the companies involved it is likely that they are Statute Barred and theirfore unenforcable. A debt owing from 2001 will be Statute Barred this year anyway. Bens letter will soon see the Kilmarnock numpties off

[notvhappy]

Thanks ODC, I am going to send Mackenzie the letter at the top of my thread this morning...

 

Thanks again all, will let you know how I get on.

 

NVH

[reduk054]

Hi notvhappy,

glad to see that you were (and still are) in good hands after I signed off last night.

Hope that you sent your letter off recorded, to Muckie Hall today.

Bet you still receive the normal drivel through the post with such gems as.....

"Dear notvhappy,

we are not very happy that you have not responded to our letters by paying in full, plus our costs plus our interest...blah blah waffle, threat etc"

 

Just keep any correspondance to one side, as after this in done and dusted, with no companies proving that you owe anything to any one then you can use their letters to complain!

Red

[notvhappy]

Hi All, (Red, ODC, Ben) and anybody else out there who isinterested...

 

I sent the letter at the top of the thread to Mackenzie hall, and so far I haven't heard anything from them, however, I have had another letter from Lowells, this time calling themselves Lowell Financial...

 

Nothing particularly new about the letter apart from it containing an address, (which they refer to as the Original Address), it is an address which I lived at during 1998-99, along with 5 other people.

 

As this letter doesn't add anything, (other than the address details), to those letters which I have had before from lowells/red debt solutions should I ignore it? Or should I write back with something?

 

Thanks in anticipation of your help again.

 

NVH

[ODC]

File under Junk. Keep for you records and see what next comes from the Leeds losers

[Curlyben]

*Yawn* is that the best they have !!

[cerberusalert]

I so love 'Lowell'..If you added all the IQ's of all the respective monkey's that work there..it wouldn't come to the sum total of their P.O Box No. (Non Allegedly)

[notvhappy]

Thanks again guys!

 

I will sit tight and see what comes next...