mc kenzie hall just rang

[mo]

hi,i have a debt with black horse,i have been payhing them 10.00 a month with there agrement,then out of the blue, i get a phone call from mckensie askin for full balance,i explained i am in incapacityh,and that the ammount she asked for was in dispute (a lot of charges and ppi i never asked for) asked if i could pay monthly she says no wants the full balance,or im goin to court,i told her then go for it and ill have my say in court,no she says it will all be done on paper and i wont appear in court,then theyh will seize my assetsor do other things,i wish id never heard of black horse,i only borrowed 1500.00,bout 4 years since,i will never be rid of them,just got everything on track paying monthly then this,just feel like puttin myh head in oven and not waking up,sorryh for goin on.

[PGH7447]

CCA Mac-hall that will put them on the back foot

[stroke a badger]

Mo,

 

As PGH7447 said send them a CCA request which will cost £1 but make sure that you do NOT sign the letter or send them a cheque with your signature on it. I would then also consider sending them an SAR.

 

Give me 5 minutes and I'll dig out the links for the letters you need to send.

[stroke a badger]

CCA request

 

 

Name

Address

Address

Postal Code

 

 

 

Date

 

 

 

COMPANY NAME

Address

Address

Address

Postal Code

 

Dear Sir/Madam

 

Re:− Account Number

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

 

PRINT NAME HERE – DO NOT SIGN!!

 

Name

[babybear39]

Hi mo, classic BS and lies from MH.

 

Report them to Trading Standards and OFT for breaching OFT guidlines and the CPUTR 2008.

[stroke a badger]

S.A.R - (Subject Access Request)

 

 

Your Name

 

 

Address

 

 

Address

 

 

Address

 

 

Address

 

 

Postal Code

 

 

 

Company Name

Address

Address

Address

Postal Code

 

Date

 

 

Data Protection Act 1998 Subject Access Request

 

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxxx

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other 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 banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

 

Yours faithfully,

 

PRINT YOUR NAME ONLY – DO NOT SIGN!

 

 

Your Name

[mo]

what do you mean b bear?are they lying to me?

[mo]

thanks for that badger

[RedVixen]

I have never heard of any court action being undefendable which is what they are trying to imply so yes they are most definately lying - so yes report them and don't talk to them on the phone again as they will deny ever saying that

 

And get ready to send the telephone harassment letter

[babybear39]

Yes Mo, they certainly are.

 

They cannot take your posessions, they're not bailiffs. If they try to take you to court they have to serve papers and you CAN defend in person.

 

DO NOT speak to them on the phone, if they call again say 'everything in writing only'.

 

Use the letters others have provided and don't worry about this bunch of numpties, they're paid to scare you into paying what you cannot afford.

 

As I mentioned earlier, report them as well, they're very known to East Ayshire Trading Standards and the OFT

[babybear39]

Here's a telephone harassment letter even MH can understand:

 

 

- HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

 

Telephone Number: {Your Telephone Number}

Re: Harassment by telephone

 

Dear Sir/Madam.

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interferring with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licenced solely to myself, is kept clear for my own personal calls.

 

It is consquently my view that you are commiting the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner may result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

 

Yours faithfully,

[mo]

thanks everyone,i think she was talking bout a ccj,dont know wat that means,i still feel rubbish tho,i thought everthing was bein paid,i only paid them 20th june.

[RedVixen]

Mo - you have been paying under an agreement and haven't defaulted - IF they take it to court they are on dodgy ground but will still make the threats. Also as you are on incapacity there is a chance that IF they do take you to court the judge could stipulate a lower monthly payment and they know it.

 

Also IF they take it to court the judge makies the decision not them, they are not in a strong position so try not to let them bully you. Put anything in writing we can guarentee that nothing thye put in writing will be so strongly woreded as that telephone conversation as they will be in soo much poo if they do it - it will still be threatening but watch for the word MAY - it gets used all the time and usually comes to nothing

 

How are your PPI and charges claims going on??

[ashmk]

Mo, dont listen to MH's lies... Do as advised by the others and you will be ok.

 

If, as you said you have kept to an agreement and not broken it then a judge would not look very kindly at MH for wasting the courts time.

 

MH know this, but they hope you dont.

 

In the mean time while waiting for your telephone harassment letter to reach them .......

 

If they do call again just refuse to answer the security questions and tell them 'everything in writing'.

If they tell you you must answer the security questions just repeat 'everything in writing' and hang up. There is no obgliation to speak to anyone on the telephone.

[Boss-man]

Mo,

 

Don't let them bully you into anything. These people will say anything to get money out of you. They are basically lying to you - not that they'd ever admit saying what they have. Pretty much all of DCA's will use all sorts of underhand tactics which simply aren't allowed. I can well imagine the tone and threats used during the call as I've had many. Thankfully since finding this site I know exactly how to deal with them - I've even managed to get them to hang up on me a number of times .

 

Don't speak to them on over phone as others say, simply tell them you only wish to communicate in writing.

 

Make sure you get a CCA request off to them, as unless they provide you with valid CCA the alleged debt would not be enforceable in court. If they write back telling you that they dont need to provide one blah blah, take no notice - they do, by law. I would also consider an S.A.R - (Subject Access Request) to get a breakdown of how they arrive at the figure you supposedly owe. Again they must provide you with this.

 

Make sure you send the CCA and S.A.R by recorded delivery.

 

Remember, they cannot take any of your possessions or make you pay anything - they have no legal right to do so and should not be leading you to believe they have.

 

I can't see why they would even consider taking this to court - if you are paying an agreed amount and have kept up with payments, the court would see this as wasting their time. As others say, if they did go down that route, you could even end up paying them less than you are now.

 

Keep positive and try not to worry.

 

Boss-Man

Edited July 9, 2008 by Boss-man

[mo]

thanks,i said that i was up to date with my arrangement,and she said b.h. only said it was a temp thing and coul ask for the full amount at any time,the ppi i fel a bit daunted byh this process,when i took the loan out it was just added on i know this was stupid on myh part but i just payed it,i had an opp for breast cancer before this loan,and have had complications since the loan hence not workin,i tried to claim on it when i first went sick,only to be told sorry pre existing condition.

[ODC]

The only time Mac Hall would see the inside of a court would be as DEFENDANTS allegedly. They are talking through their rear orrifices

[RedVixen]

Mo - Have you sent anything off regarding a PPI claim yet - there are some good templates on here and other sites. I am hammering Lloyds with this one it makes a significant difference to the debt figure and further weakens them

[mo]

no i havent,i feel like all the stuffing been kicked out of me

[babybear39]

Don't feel like that mo, you have the full backing of thousands of people who are more than glad to help you *hugs*

[RedVixen]

Mo I can sympathise really - I got like that too and I am sure everyone on here still gets days like that out of sheer frstration when the bar stools haven't bothered to read anything yet again - find the templates and send the first letter it helps just knowing you have done something - and the firt step is the hardest but we will give you a friendly kick or virtual hug :)any time you ask

[ODC]

Yep dont worry about MacHall. They are the easiest DCA to deal with.

[Boss-man]

no i havent,i feel like all the stuffing been kicked out of me

 

I know from experience how these scumbags can make you feel. Just try to ignore them, they are the lowest of the low feeding off other peoples mis-fortune. Pure vermin!

 

Keep your head up, there are so many people on here who will help you.

 

Make sure you get the CCA request off to them, as without a valid CCA there's nothing they can do .

 

They are simply making empty threats and telling lies in a feeble attempt to get you to pay up. Take no notice of them.

 

Boss-Man

[mo]

okay thanks,cca in post tommorrow,then ill try ppi

[RedVixen]

Yaaaayyy!!!!