MacKenzie Hall - Final Notice, please help?!

[N.P]

Hi JB,

 

Welcome to the CAG, your in the right place here on in.

 

First thing, you must NEVER SPEAK TO THESE MORONS ON THE PHONE, EVERYTHING IN WRITING FROM NOW ON! They will tell you anything to get you to pay!

 

DO NOT MAKE ANY PAYMENT OFFERS!

 

DO NOT SIGN ANYTHING! PRINT YOUR NAME!

 

I`d go with PV`s Option 1 for now, the prove it letter;

 

Have a good read and edit to taste -

 

 

 

 

 

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

 

 

Dear Morons,

 

I Do Not Acknowledge any debt to your company.

 

I have today received your letter dated ** October 2007 Ref *********** which purports to be a letter before action and threatens that legal proceedings may be issued without further notice.

You are formally informed that this debt is in legal dispute with Halifax and it seems your only involvement in this matter is to provide harassment.

I will not be making any payment to you.

I will not be calling you. This is because I do not carry out any financial business on the telephone, all business between us must be in writing.

 

Please provide me with proof of your lawful right to claim any money from me.

 

You must not telephone me either at my home number or any of my employers numbers, any calls from you will be recorded and construed as harassment.

 

You must not threaten to send collection staff to my residence as again this will be construed as harassment.

 

Take note that any implied right of access that may have existed to my residence and grounds is withdrawn from you and any of your agents apart from Royal Mail, to this effect, for you to send a door step collector will be considered trespass and harassment and you will be held liable and reported to the relevant authorities.

 

You have threatened that you may take court action against me; I will be vigorously defending any court action.

 

As you are aware, under the pre-action protocols of the Civil Procedure Rules, I am entitled in order to enable me to file a defence and counter-claim lawfully entitled to request specific information regarding the account, to be provided forthwith.

 

Given that you have stated that this matter may be subject to legal proceedings, if you decide to embark on this course of action, you are obliged to disclose under the rules, the following information and documents must be supplied to me as detailed below;

 

If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

IN RESPECT OF THE ALLEGED DEBT CLAIMED, I REQUIRE:

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any default and at the time the account was opened.

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

 

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

 

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.

 

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

k. A copy of all account statements for the duration of the agreement.

 

3. Any other documents you seek to rely on in court.

 

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I must advise you that if the information is not forthcoming, it will be reported to the Court that through your non-compliance you are frustrating proceedings and denying me the opportunity to file a defence and counter claim.

In my lawful request dated to Halifax PLC on *** May 2007 I clearly requested a true copy of the credit agreement relating to the account in dispute. A “true copy” means a first generation copy of the actual signed document.

 

This document should be readily available as proof of your or your clients legal right to collect this account.

 

Your and your client’s failure to provide this documentation within the statutory time limits means your client has committed a summary criminal offence.

 

I will be highlighting this at any court hearing.

 

If you make arrangements for me to view the original documentation at one of your client’s branches close to my home, provided that the document is a fully compliant Consumer Credit Agreement under the Consumer Credit Act 1974.

 

I will immediately, after viewing, resume payments.

 

However due to your vexatious nature of your correspondence I reserve the right to make formal complaints against you and your client to Trading Standards and the Office of Fair Trading to whom I may now send copies of our correspondence as evidence.

 

Please be aware that I am logging all correspondence with you with regards to this matter and will be charging for time at the rate of £17.80 per hour as part of my counterclaim against any action you may take.

 

I trust you will deal with this matter using all due diligence.

 

Kind Regards

I have used this a couple of times to great affect.

 

Send it Recorded Delivery or Special Delivery if you can afford it, keep a copy of all letters sent and keep all letters received.

 

There is no point is wasting £1 for the CCA just yet, see what these knob jockeys come back with first and we`ll go from there.

 

Remember, DO NOT SIGN, PRINT YOUR NAME!

 

I hope this helps, if so, please click my scales.

 

Watching with interest.

 

Regards

 

 

N.P

[N.P]

Hi again JB,

 

Just one more thing, never be affraid of these idiots, they are nothing but parrassites, who will tell you any old lies hoping you will pay up, even if you don`t owe anything. No matter how much you are in debt, you are better than these horrible fools, and there is always a way out. There will always be someone around to help on CAG.

 

All they are interested in is money, they will tell you to get it any way to can to pay up. In short, if they ring and they catch you out, just speak to them however you seem fit. My last conversion with some turb burgler at Crapone ended with me telling to `f*** O** you stupid, irritating little c***, your pis**** me off now, so stop f****** ringing`, LOL, I haven`t heard from them since.

 

Regards

 

 

N.P

[N.P]

Thanks to you both for your very quick replies!!

 

I'll get the letter done tonight, and fire it off recorded delivery tomorrow and see what they come back with.

 

What about sending people round to the house - are they able/likely to do this at this/any stage?

 

 

Hiya,

 

This is all crap, lies, whatever you call it.

 

Nothing but bully tactics and intimidating techniques.

 

They`ll need to take you to Court and win, for that to happen. Even then, you`ll need to default on any CCJ given, and they`ll have to go back to Court to send a Bailiff round. Anyone else that comes to your door is a nobody looking for his / weeks wages from you. Tell them to p*** o** and if they don`t set your dog onto them, they are tresspassing.

 

Your paperboy and Postman have more rights then they do, because you allow these people onto property.

 

Regards

 

 

N.P

[N.P]

Thanks to you both for your very quick replies!!

 

I'll get the letter done tonight, and fire it off recorded delivery tomorrow and see what they come back with.

 

What about sending people round to the house - are they able/likely to do this at this/any stage?

 

 

You`ll also find on this site, that with each letter you send, you become stronger and actually look forward to challenging these clowns.

 

Also, no matter how hard things may seem, people still post on here with humour and laughter. It seems to me no one takes these DCA`s seriously, which in a way is good, because at least they aren`t getting to you.

 

Don`t forget to start your letter with `Dear Morons`, which is what they are. I beleive respect must be earned, LOL.

 

 

N.P

[N.P]

N.P., just a bit of advice:

 

Next time they ring, don't beat about the bush, just say what you mean.

 

Regards.

 

Fred

 

 

You liked that then did you Fred? LOL

 

Anyone hassles me on MY phone line and they`ll get the full wrath of the Horden Hammer!

 

 

 

N.P

[N.P]

Sorry, one last question (for tonight anyway..)

 

Should I use my wife's maiden name on the letters to Mac Hall - as it is on the letters from them - or should I just use her surname as it is now?

 

 

Thanks again...!

 

 

 

Use her name as it is now, after all, that IS her name and it will confuse those numpites too, LOL

 

Have a good night.

 

Ciao for now

 

 

N.P

[N.P]

Morning all,

 

They are saying he ows them money, so if he says the debt may be Statute Barred, then he is not admitting it, he is simply stating this debt. whoever it belongs may be Statue Barred.

 

Possibly hold out until they send another letter. If they do, then clearly they are looking for YOU. Then send the Prove It letter to start slowing them down.

 

If they then come back with an account number of something, then CCA them.

 

Regards

 

 

N.P

[N.P]

:lol: Oh my gosh I was cracking up at this!

 

 

LOL, Thanks!

 

Even my girlfriend thought it was funny when she heard. I don`t think the moronic little fudge packer on the other end laughed much though, the poor soul, LOL.

 

Regards

 

 

N.P

[N.P]

Hi jb,

 

Glab your feeling more relaxed about this crowd of empty heads.

 

I think sending of the `prove it` letter was probably the best move if your both unsure as to wether the alleged debt is actually paid. At least they`ll have to furnish you with more information as to what they hell they are actually on about.

 

From now on, just sit back and enjoy the ride. There`s no need to do anything else, untill the next pile of crap drops through your letterbox.

 

No doubt, someone (like me) will be along soon to mock these pathetic excuses of humans and humour us all in our darkest hour, LOL.

 

I`m just waiting for someone little emtpy head, turd burlging knob jockey to ring me again so I can give him/her/it a load of abuse

 

Watching with interest.

 

Ciao for now.

 

Regards

 

 

N.P