Mackenzie hall

[trudd]

My husband is deferred with his student loan, yet Mackenzie hall keep calling (even at 1am) to say we owe them. They are very rude. My husband works long hours (leaves about 6am, back at 10pm) so he's hardly here to speak to them when they ring. Student loan company say Mackenzie hall don't have his account, that it's still with them. Mackenzie hall say the opposite.

Now they are threatening doorstep collection, claiming no contact has been made despite emails and phonecalls from me.

They are so rude and nasty too. What can we do? Can they put marks on our credit record even though they have no right to pursue this debt? It's not even theirs to chase!

[ODC]

UNDER NO CIRCUMSTANCES phone these muppets.

 

They are in clear breach of OFT Guidelines in phoning after 9pm at night. A formal complaint must be made as well as keeping a log of all calls they ,make.

 

They have no Legal right to visit your home.

 

Send them this

 

DOORSTEP COLLECTION VISIT – PLEASE READ CAREFULLY

 

YOUR REF 123456

 

 

Dear Cretins

 

I refer to your recent correspondence.

 

I note it is your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and civil action will be taken.

[IdaInFife]

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

 

Dear Sirs

Harassment by telephone

 

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

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 OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

 

[NAME HERE]

 

 

also add:

 

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.

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.

 

as the OC saying it's not that account

 

Ida x

[trudd]

Thanks, I'll get on to that right now

[eastendboy]

Nothing to add here really except to say that ODC and IdaInFife as usual have given sound advice so just follow there lead for now.

[IdaInFife]

aw shucks thanks

[alfwithhair]

When your loan is defered, you get written confirmation from student loans stating when the deferment ends. If you have this and it is still current, if Mucky Hall come round, which I very much doubt they will, just show them this and tell them to go forth sharply.

 

And as advised peviously don't ever waste your time speaking on the phone with the kilmarnock cowboys unless it is just to wind them up and make them look the idiots they are.

 

Although you have said student loans still have your account, I would double check that they are also still managing the account, as they have farmed out most of the defered accounts to Thesis Servicing' in wales. Thesis Servicing Student loans still administer the deferment approval, but the accounts are managed by Thesis who are a part of Link Financial, so say no more.

 

I am having bother with Thesis at the moment regarding a similar deferment/liability claim.

Edited November 30, 2008 by alfwithhair

[NailPost]

You don't have to show the MHall cretin anything except where your property starts/ends. Tell him/her to feck off or you'll call the police. Id start a complaint against these people.