Phoenix Recoveries, this time via Mackenzie Hall

[DoubleVee]

Hi, I posted almost a year ago with regards to Bryan Carter lodging a county court claim against me with regards to a Littlewoods debt I had for which Phoenix Recoveries were chasing me. To cut a long story short, Carter gave up, after intervention from this site. Received a court claim from Bryan Carter Solicitors **WON THEY GAVE UP** - The Consumer Forums

 

Since Carter gave up I've heard nothing more of this debt, until today that is, when I received a letter from Mackenzie Hall offering me the chance to clear the debt within 7 days at a reduced rate of £430 or so (£660 owed). Now I'm not in a position to pay £430 within 7 days, but the letter does state that they will accept £25 a month until the whole debt is cleared.

 

Can someone advise me on how to deal with these people please?? Many thanks!!

Edited March 5, 2009 by DoubleVee

[clemma]

I'll have a quick read through your other post.

 

I have sent PM to peeps who may be able to help. In the meantime, why not send a CCA request to McKenzie Hall.....

Edited March 5, 2009 by clemma

[cerberusalert]

Send the Scottish merkins this;

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with Phoenix Recoveries and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As Phoenix Recoveries is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to Phoenix Recoveries for resolution of these defaults and breaches, as you cannot lawfully pursue any enforcement activities.

 

If you choose to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

[pt2537]

No, no need to write letters that cover already trodden ground,

 

Dear Sir or Madam,

 

Please note that the debt which you are claiming to be entitled to has been before the court under claim number XXXXXXXXX in the XXXXXX County Court ,the lender failed to support their claim with any documents to prove i was indebted to their client and the outcome was favourable to me and therefore there is little more to say to you other than the matter has been dealt with, i consider the matter closed and would believe that the doctrine of Res Judicata applies here

 

I trust that this will be the last correspondence that i will recieve on the matter, however if you persist in attempting to contact me and your conduct becomes what i consider harrassing i will instruct solicitors to make an application to the court for an injunction under s3 Protection from Harrassment Act 1997. in addition i would report your conduct to the OFT as i consider that this would breach your consumer credit licence conditions.

 

I look forward to your clarification that the matter is closed, please note that no otehr correspondance will be entertained in this matter

 

 

regards

 

xxxxxxxxxxxxxxxxx

[DoubleVee]

Can I still send that letter even though Carter pulled out of going to court before the case was up pt??? And is there anything that can be done about the default phoenix registered against me three years ago in relation to this debt?

[clemma]

I would send the letter pt has posted......he knows his stuff

[pt2537]

Can I still send that letter even though Carter pulled out of going to court before the case was up pt??? And is there anything that can be done about the default phoenix registered against me three years ago in relation to this debt?

yes, and yes

 

yes you can use it as the letter is a factual account of what happened isnt it?

 

and the default, well, if they are unable to prove the debt exsists or that they have any interest in the matter, then they need to remove it,

 

 

who was the debt with originally when carters took you to court? was it phoenix?

[DoubleVee]

yes, and yes

 

yes you can use it as the letter is a factual account of what happened isnt it?

 

and the default, well, if they are unable to prove the debt exsists or that they have any interest in the matter, then they need to remove it,

 

 

who was the debt with originally when carters took you to court? was it phoenix?

 

The debt was originally a Littlewoods account. But Carter took me to court on behalf of Phoenix, and it's Phoenix who registered the default against me.

[pt2537]

The debt was originally a Littlewoods account. But Carter took me to court on behalf of Phoenix, and it's Phoenix who registered the default against me.

they are real mcmuffins

 

if they cant support their contentions with proof then they should not be adding adverse data to your credit file

[DoubleVee]

they are real mcmuffins

 

if they cant support their contentions with proof then they should not be adding adverse data to your credit file

 

What's the chances of getting the default removed though? Slim I'd imagine? I'll pop that letter off to Mackenzie Hall in the morning anyway! Cheers!!

[rev.ian]

It would be worth your while sending a cca to Littlewoods, as they tend to send you a letter clearly stating no credit agreement exists Littlewoods, Lowell, Phoenix and Fredrickson WON