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Have they got an agreement or not.


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Nice people at Mackenzie Hall sent a letter with a reference number only requesting me to contact them to discuss.

 

No mention of what it related to so I did indeed contact them....with a CCA request quoting the reference number given.

 

Delivered and signed for but curiosity was killing me as I really didnt have an idea what this related to so against all the advice normally given, I rang them.

 

Since I knew what to expect, I wasnt unduly worried.

 

Quoted reference number and went through security questions (very nice and polite at this stage) and then...tone of voice changed.."its regarding a long overdue debt to Carblays Bank, you owe zillions of pounds, how are you going to pay it"

 

" I have sent you a letter regarding the reference number you sent me" says I, not acknowledging anything nor elaborating.

 

Voice on phone then sounds a bit more confused as I give her the delivery proof and she asks if I can give her my phone number so she can ring me back.

 

Of course, I am really going to do that...NOT.

 

I politely tell her that I will only communicate in writing from that moment on.

 

" Oh, OK...I will write to you"

 

Several days pass and letter arrives stating that they do not have the account number (oh yeah, how would they be able to tell me what it was about on the phone then) and they have returned my letter, together with the postal order and say they look forward to dealing with any future communications from me.

 

Soooo....have they or havnt they got an agreement or do they really want me to get back with them quoting an account number I don't know.

 

I wonder if I did have a number and replied, would they take that as a written acknowledgement and if so, is it a new twist and change in tactics.

 

I am not worried. :)

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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Well if they are looking forward to any future communications from you, perhaps you should oblige.......

 

They have written to you asking you to call them at your expense with no

indication of the reason for you to call. Stressful and psychologically harrassing. Then it transpires [could it have been because of the CCA request]they don't have an account number for you thereby breaching

Schedule 4 of the Data Protection Act "Records shall be accurate".

They then compound their error by returning your CCA request when in fact

they should have passed it on to the original creditor, thus breaching S.175

of the Consumer Credit Act Where under this Act a person is deemed to have received a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

Tell them their actions have been reported to Trading Standards as you believe they are unfit to hold a Consumer Credit Licence.

 

I mean they did seem to invite you to reply didn't they? :D They may be a bit more hesitant in future to fire off one of their cunningly worded invitations to

ring.

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You may also wish to make a complaint to MH as well and then if they don't get lost you can get the FOS involved too.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Do you owe the money? That is the IMPORTANT issue.

 

If you owe it, pay it.

 

I think that's what the OP is trying to find out. TVM.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Not quite. The poster hasn't actually said whether he owes it or not. they just keep talking about a copy contracr.

 

DO YOU OWE THE MONEY?

 

How, exactly, is the OP supposed to know when they haven't complied with the OFT Debt Collection Guideline by making it clear what matter the debt relates to?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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I cant understand people lke you. Do you relish on people who are in trouble.

 

Come on then which clown outfit do you work for?

 

 

HAK

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"How, exactly, is the OP supposed to know when they haven't complied with the OFT Debt Collection Guideline by making it clear what matter the debt relates to?"They might KNOW they owe it and STILL HAVE a copy of the agreement in their drawer for example.

 

What agreement? MK Hill, like normal, has not given her:

 

A) the account number

or B)The original creditor or

© any evidence that they were hired by the creditor to collect any debt.

 

So, again, i ask you how the OP is supposed to know whether he or she owes any money? and, if he or she does, that Mk hill are entitled to collect it.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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I thought you had gone away ThisVeryMoment.

 

I dont like the tone of your capital letters.

 

Until you have a useful contribution to make other than to adopt your DCA emplyoyee mode then please go away.

 

Read carefully again and see what I am asking.

 

1/ They gave me a reference number but no details.

2/ When asked they said it referenced an account xxxxxxx

3/ I informed them I had contacted them in writing re the reference number.

4/ They replied saying they had no account details, could I contact them again with them.

 

Doesnt it strike you as strange, their behaviour, trying to collect on an account for which they have no details.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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Well, you might actually REMEMBER owing the bank some money? You might remember taking out the loan? You might KNOW they you have been avoiding the debt.Not every debtor has the attention span of a gnat. Some are acutely aware of each and every debt. Not all of them fail to recall massive loans taken out a few years ago!

Do you owe this bank any money?

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Well, they might actually REMEMBER owing the bank some money? They might remember taking out the loan? They might KNOW they have been avoiding the debt.Not every debtor has the attention span of a gnat. Some are acutely aware of each and every debt. Not all of them fail to recall massive loans taken out a few years ago!

 

which bank?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Without a contract nothing is owed. That's not debt avoidance, it's basic common sense otherwise we'd all be bound to pay any amount of money to anyone who claimed that we owed it. That's not for the troll, that's for anyone else reading this thread who might be considering the troll's viewpoint.

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Read the first post. .."its regarding a long overdue debt to Carblays Bank, you owe zillions of pounds, how are you going to pay it".

 

Er, "Carblays Bank" apparently...

 

As for, "Without a contract nothing is owed", that is a typically inaccuate comment. Please read the C.C. Act or consult someone who knows what they are talking about.

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Without a contract nothing is owed. That's not debt avoidance, it's basic common sense otherwise we'd all be bound to pay any amount of money to anyone who claimed that we owed it. That's not for the troll, that's for anyone else reading this thread who might be considering the troll's viewpoint.

 

it goes beyond that, Fuzz. Even if there is a legitimate debt, it is vital to establish someone claiming they are hired to collect it has some legitimate agreement with the creditor.

 

otherwise, pay me £50. You owe your bank some money. I'm collecting it.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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OK, Lets get something straight, I owe money to lots of creditors and in this instance with the creditor mentioned by Mk Hall, I owe 2 amounts which are being dealt with by another DCA and the amount they claim in this instance is a little higher but not quite the same as one of those already being dealt with.

 

Are they trying to double collect?..I dont know and until they produce an agreement, I wont know either as all they said was it was an outstanding amount of x pounds owing to Carblays..(ps..I made that up in case you are'nt bright enough to havfe worked it out)

 

I am certainly not going to start sending lists of account numbers asking which one is it so until such time as they tell me definitively by producing any agreement that might relate to this supposed debt.....I OWE NOTHING.

 

There, did you understand that last bit, it seems to be in language you understand better.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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ThisVeryMoment. I believe you owe me £200. I'll send the boys round later to collect it shall I? Unless of course you'd like to give me your credit card details now. Failure to do so may lead to this amount going up by an unspecified amount and/or court action.

 

And I'm sure you'll pay it now as any questioning of my right to collect would just be debt avoidance and you would not want to do that now, would you?

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No one is denying your right to comment on any thread you want. Where the

problem lies is the comparatively brusque way in which you say it.

Most of us at some time on the forum have had opposite views to others, but

have managed to agree to disagree without being so abrasive.

 

I notice from your own thread that initially you were quite slow to confront

your own creditors. Why not give others that benefit too? Especially as the

particular DCA is pretty notorious on this forum and I understand there has

been mention that some of the regulatory authorities are looking at MH

quite closely.

In addition, as the DCA appears to be in breach of both THe CCA and the DPA, it would scarcely be a company that even if Belaflat was aware of a

amount outstanding that they would want to deal with.

 

At the moment, the important issue is not whether Belaflat owes anything or not,but whether MH is legally entitled to collect the debt and if the amount claimed is the correct amount.

As it appears they have returned the debt it would seem they have washed their hands of the debt. If that is the case, why should Belaflat volunteer any

information to them?

Should the original creditor make contact then it can be taken from there

with CCA and SAR requests made prior to making any payments. Exactly the

way that you said you did on your thread.. Why are you forcing Belaflat to

pay a debt [assuming there is one] before ensuring that the amount being

demanded is accurate?

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I've just served N1 papers on my neighbour for £2000 that they owed somenone else, and I've just bought the debt.(

 

See how easy it could be if you didn't verify the right to collect?

 

Plus I've been chased twice for a paid off debt. Would you pay twice for everything just because someone says you do?

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