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How do i start legal proceedings to remove a default?


Lapos
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Hi All,

 

I trust you're all tip top! I sent a CCA request to 1st Credit back in April via recorded delivery etc. They have failed to respond at all (for the 3rd time in the ;past couple of years), i have sent the usual chase up threats etc but nothing! i always get to this point and don't know where to go from here. I want to see this through to the end now and wonder what step i should take from here to get taken serious by 1st credit and ultimately to remove this default. Can anyone with experience of removing a default help?

 

In the mean time I've seen off Connaught collections after having an SD set aside. But 1st credit have got a new DCA now called Mckenzie Hall. I've told Mckenzie that the debts in dispute. They responded saying:

 

Thank you for your recent communication, regarding a query on the above account.

 

Could you please call me on ********* in order to discuss this matter.

 

We have placed your account on hold whilst these enquiries are underway and we ask for your patience until we can gather the correct information to resolve the matter as quickly as possible.

 

I then wrote back saying i want all correspondence in writing so wont be calling as there is nothing to discuss in my opinion. and i demanding for the 2nd time that they pass the account back to 1st Credit as it is clear 1st credit don't' have a CCA.

 

Mckenzie then sent exactly the same letter as above (obviously not read any of my letters,just a system generated response.

 

4 days later i get another letter demanding payment saying "you have been previously written to but not responded" :mad::mad::x I want these guys struck off but don't know what to threaten them with as they are only a DCA. Any advice guys?

 

Regards

 

Lapos

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Do not call Mackenzie Hall to discuss this matter. You have made your views plain and the only action MHall need take is to send their dirty little file back to where it came from.

 

You could ignore their latest threatogram or you could send them a note back saying you are adding them to the complaint you are making against 1st Credit. Tell them you will question their fitness to hold a consumer credit licence and its their choice.

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Hi Guys,

 

Thanks for your quick responses.

 

42 man, i have read so many threads now I've lost track! I'll read the ones you recommend and report back, many thanks.

 

Nail Post, Great idea, but i didn't think a DCA needed a CCL?? I know my quibble is with 1st credit and I'm sort of waisting my breath with McKenzie but they always get away with these sort of actions so i ant to make life uncomfortable for them as they do for everyone else!

 

Many Thanks

 

Lapos

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Lapos

You need to complain to East Ayrshire Trading Standards re Mac Hall this is the response I got from them hope it helps

NI Girl:D

Dear NI Girl

 

I am responding to your recent request for information about Mackenzie Hall. I am able to advise you as follows:

1. How many complaints have been received about Mackenzie Hall Debt Collection and trace consultants


    • We have received 861 complaints since August 2004.


2. From complaints received how many have resulted in a formal investigation taking place?


    • We have discussed complaints with them on several occasions but they have not breached any legislation this authority enforces so there have been no formal investigations with a view to prosecution.


3. Have proceedings ever been contemplated


    • See 2 above


4. Have proceedings ever been taken against Mackenzie Hall following any complaint and subsequent investigation?


    • See 2 above


5. Has East Ayrshire Trading Standards Service taken or contemplated taking legal action against Mackenzie Hall


    • See 2 above. Their conduct may breach the Office of Fair Trading guidelines and all our complaints are forwarded to the OFT. We send the following to all those complaining to us:


      Mackenzie Hall is a debt collection company which is licensed by the Office of Fair Trading. The Office of Fair Trading has issued guidelines for debt collectors which covers many aspects of the way they conduct their business. The guidelines are intended to discourage the type of behaviour the Office of Fair Trading considers to fall within the category of unfair business practice. The guidelines can be accessed via their website at: -

www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf


    • At present the Office of Fair Trading is dealing with this company.


      I would advise you to write to the Office of Fair Trading regarding the matter.

I trust this information is of interest. If you wish to pursue a complaint against this company I would suggest you contact OFT.

Regards

 

 

 

 

 

Freedom of Information Officer

East Ayrshire Council

t: 01563 576094

Im learning more every day :)

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Because the nature of the job is to collect money then all debt collectors need a consumer credit licence. They also need to be registered with the Info Commissioner to process data. The more complaints made against ****** debt collectors to the OFT, FOS and IC the better. Eventually the penny will drop with the regulators that something needs to be done.

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Hi NI Girl,

 

Thanks for that, it's amazing, all those complaints and no action taken! these DCA's never get their come-upense...it makes you wonder.

 

Nailpost, I'll put a complaint in to the OFT then, is it best to go to the local office as NI girl Said?

 

Regards

 

Lapos

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