Help. Letter from MH

[jimmyjammer]

Hey guys, hoping someone can advise me on the best course of action to take here.

 

I received a letter from mackenzie hall offering me a reduced settlement for a debt that i have no knowledge of.........i'm not saying their mistaken just that i dont recall having the debt. Anyway it states that i can clear the debt for a very small amount of cash, roughly £80 has been knocked off it. The letter was addressed to my old address but was passed onto me, it has the original creditor on the letter but states that the pursuers are MHDP Ltd, does that mean that they are the ones that want the cash? It also says that i must pay by a certain date otherwise i lose the option of the reduced rate, and also "our client would prefer an amicable settlement, however should the settlement amount not be paid by the specified date, they will not hesitate to take such further action as may be appropriate".

 

Even though i could easily pay the amount their asking i'm not happy about just coughing up until i know my options not to mention if i even owe them at all.

I'd appreciate any advice offered, many thanks.

[cerberusalert]

Send the Ayrshire losers this letter;

 

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.

 

**Edit to suit**

 

Remember, don’t sign the letter.

[cerberusalert]

MH are acting for or have bought the debt from MHDP Ltd. MH specialise in trying to collect unenforceable or Statute barred debts.

 

The only reference I can find to MHDP LIMITED is a MHD PARTNERSHIP LIMITED the mhd partnership – specialists in design and communication solutions for public transport operators, associated industries and businesses that really want to move people which seems to be a graphic design company based in swindon.

[jimmyjammer]

mackenzie hall have MHDP (mackenzie hall debt purchase ltd) on their site along with other ltd's.

with regards to the letter above.......what if the debt is mine? i'm going mad here trying to think if i ever did have some credit with the named company, my wife says she cant recall anything and we've been together 12 yrs. and another thing i'm the kind of person that panicks with this sort of thing, what if i've had letters before about this and paid something............although again i cant recall doing that.

[mr.ton]

I wouldnt lose any sleep if you have or havent had something in the past.

MH are a uselss bunch of clowns with no legal powers over you whatsoever.

Tell em to get lost.

[cerberusalert]

They have to prove a debt exists and that they have the right to collect it.

 

If no payment has been made or acknowledged in writing for a period of six years (five in Scotland) a debt would be Statute Barred and unenforceable.

 

As I said earlier, MH specialise in trying to collect the unenforceable, they are chancers of the lowest order & known to be the bottom feeders in the debt collection industry.

[jimmyjammer]

so should i still send them the letter above or just ignore it.........after all it was addressed to my old address.

[cerberusalert]

Just ignore them in that case. If they ever rear their heads again you can either send that letter or the statute barred letter below;

 

Date

 

Dear Sir/Madam

 

Acc/Ref No

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

 

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

 

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

 

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

I look forward to your reply.

 

Yours faithfully

[ODC]

Mackenzie Hell are nobodies. Just ignore them and they will disappear under the stone they crawled out from

[jimmyjammer]

right guys, MH have phoned my house (dont know how they got number?)...anyway we weren't home at the time so it was just a message left....a computer generated voice saying their website. that was it.

 

what would i be best to do (remembering the letter they sent was addressed to my old address)..........should i send a cca request, or send the letter above regarding no knowledge of the debt, or just ignore it. to be honest i'm not really to keen on ignoring it as i think it'll never really go away.

 

what should i do if they phone again?

 

any help would be appreciated guys.........i just want this to go away.

 

oh and if i do need to send a letter to them should i give them my current address.........in case of responses.

[cerberusalert]

Send them the 'prove It' letter in post #2

 

If they 'phone again refuse to answer their stupid security questions, tell them "Everything in writing" & then hang up.

[jimmyjammer]

ok thanks.

should i give them my current address when i send the letter? do i need to include anything with the letter.....i.e. postal order or anything?

 

do i just send it to the address that's on their letter?

[clemma]

You don't need to send anything else with the letter. Remember, PRINT do not sign the letter and send recorded delivery. Its entirely your choice which address you put on the letter - if your not bothered about them having your current address, then put that on. From the sounds of it, they will disappear anyway, as they always do

[ODC]

Do NOT give these cowboys your present address. If MH are chasing you it would be safe to say the alleged debt is Statute Barred and Unenforceable.

[jimmyjammer]

thanks for the replies guys, much appreciated.

 

i have amended the letter in post 2 to suit.........do i just type my name at the bottom of it and send it off. i was asking about which address to use because.........what if they send a reply, what if they find out i've moved and i didn't tell them when i sent the letter...........would they not have something to say about with-holding info.

 

i'm sorry if some of this seems silly but i'm not too clued up on how these things work.

[ODC]

Mackemzie Hall are only a DCA. They have NO LEGAL POWERS whatsoever. You are under no obligation even to speak to them let alone give them any information.

[clemma]

......and just type your name.

[jimmyjammer]

thankyou.

 

i'll just send off the letter and hopefully that'll be the end of it.

 

i appreciate all the advice and info given guys, thankyou.