Mackenzie Hall. Do any of you know of them?

[ODC]

IGNORE these fools and they will disappear under the stone from which they crawled. East Ayrshire Trading Standards know all about them.

[The GodMother]

yes but another complaint always helps the process.

[ODC]

yes but another complaint always helps the process.

I agree about complaining but I would still ignore the Kilmarnock Cowboys:wink:

[The GodMother]

yeah so would i but anything that helps them mislay there licence.

[ODC]

I find it totally amazing that these clowns still have a licence.

[The GodMother]

so do i but they must be hanging on to it somehow.

[ODC]

This is the only hanging they will understand

 

[The GodMother]

LOL nice one.

[DarthHideous]

Well, a couple of weeks ago I got a letter through the post from J2 Solutions (which I believe is MH) asking me to contact them, which I obviously didn't after looking up the company name and finding lots of horror stories! I can't imagine what it is about as I have no unpaid debts to speak of.

 

Anyway, got a call this morning, which went along the lines of...

 

"Hello is that ?"

 

... I of course naturally said yes. They then said...

 

"Hi this is from J2 Solutions. I just want to confirm your contact details for my client. Is you address

?"

 

... I told them that I don't know who they are and who the 'client' is and I would not confirm anything until I knew what it was about. She asked to confirm again and I said the same thing. She then said...

 

"Well I'll just put down

and send that to my client. Thanks bye" and hung up.

 

From the sounds of things in this forum I am going to get some more letters! I am off down the electronics shop to buy a Caller ID display as 1471 told me their number so they obviously don't hide it. I hate having to hide even though I don't owe anything!!

[tiglet]

I'd just wait to see what comes through in the post and then let us know - all will become clear, I'm sure - even if it's just that they have the wrong person.

 

THEN we can tell you the best way to tell them to [edited]

Edited July 19, 2008 by jonni2bad

[ODC]

Do not worry about the Kilmarnock cowboys. If they have got hold of an alleged debt you can be sure its either Statute Barred or unenforcable. If they give you any grief then contact East Ayrshire TS (Alan Stewart) as they are well aware of the activities of this shower.

[DarthHideous]

Thanks a lot. Be sure I will keep you updated on what happens. So glad you guys are all here with all your advice... much appreciated!

[sleezy2]

Hello again Godmother, i am still being bothered with letters from mh for the previous tennant in my house, but i stick them in the postbox now with "not known at this address" now, but i got a new one that i opened without looking at the name yesterday for £1000 and i was wondering if it was another section of mh.

It is a company in scotland called "Response Credit management"

Any ideas. ??

Cheers.

steve.

[ODC]

It is a Criminal Offence to open another persons mail. Just do as you have been doing and put them in the post clearly marked NOT KNOWN AT THIS ADDRESS.

 

Under NO circumstances ring MH about this or they will try to CONvince you to pay this alleged debt

[The GodMother]

Dont worry about opening the mail thing really it was a mistake and trust me after 3 years l myself dont expect to be recieving the previous tenents mail and have opened theres.

[rolodog]

My partner has not heard from MH for almost 12 months now, which is a pity, because I was having so much fun with them, sending un-stamped envelopes marked payment enclosed with nothing in them apart from "mickey mouse" cheques or fish food or blank pieces of paper.

 

It gave me good feelings to think that they were having to pay the outstanding postage only to receive the [edited] I was sending.

 

Thanks to this site & some of the earlier letter templates which she sent, she has not heard from them since. The last one she sent threatened them with legal action for a claim for compensation for harassment & the distress they had caused. This might be the road to go down for anyone who is contacted by them.

 

All letters sent were also marked," copy to office of information" & "copy to OFT". I also begged them to call at the house ( to boost my compensation amount & so I could have someone from MH I could physical punish) but they never came. I now have an unused base ball bat & beretta for sale!! Only kidding, they might bring back the fish food.

 

Seriously, anyone being pusued by these [edited]. don't worry, they will give up in the end...

Edited July 19, 2008 by jonni2bad

[The GodMother]

Oh i love that idea sending them rubbish and making them pay for it.

 

i wounder if they take vouchers for suff u dont buy?

[s j 37]

Hello again ladies and gentlemen i got one thing to say about mackenzie hall EDIT

Edited December 4, 2008 by freakyleaky
Innapropriate remarks removed

[andrew1]

Hello again ladies and gentlemen i got one thing to say about mackenzie hall EDIT quote]

 

I like someone with sensitivity, good negotiating skills, compassion and a good sense of humour

Edited December 4, 2008 by freakyleaky
Innapropriate remarks removed from quote

[tiglet]

yes sj - ever thought of working for a DCA?

[s j 37]

Thanks andrew for replying to my comment to me they are cross handed misfits and powerless a two bob outfit trying to make money out of old debts me and the wife debt is 7 years old and paid off through the bank when they call i speak german to them.

[tiglet]

just don't mention the war ...

[Dougal16T]

Good morning everyone...

 

Just a thought...why are we not looking at the problem from another angle....see The Fraud Act 2006.....!!

 

Copy of letter sent today to Mackenzie Hall....

 

Thomas Lloyd

Mackenzie Hall

30 The Foregate

Kilmarnock[

KA1 1JH 20th May 2008

First Class recorded delivery

Re: M XXXXXX

I do not acknowledge any debt to your company or any other person

I have today received your unsigned letter dated 9/5/2008. I will not be making any payment to you.

I will not be calling you. This is because I do not carry out any financial business on the telephone, all business between us must be in writing.

It is necessary to draw your attention to my letter to you dated 9th May 2008, sent by recorded delivery first class mail.

Royal Mail have confirmed receipt by you of this letter.

This letter required certain information from you – that information is still outstanding.

In the meantime, the contents of your letter dated 9th May 2008 constitute an offence under The Fraud Act 2006 .

The appropriate sections read:

Section 1. Subsection (3) sets out the penalties for the offence. The maximum custodial sentence of 10 years is the same as for the main existing deception offences and for the common law crime of conspiracy to defraud.

This section makes it an offence to commit fraud by false representation

Subsection (1)(b) requires that the person must make the representation with the intention of making a gain or causing loss or risk of loss to another. The gain or loss does not actually have to take place. The same requirement applies to conduct criminalised by sections 3 and 4. Subsection (2) defines the meaning of "false" in this context and subsection (3) defines the meaning of "representation". A representation is defined as false if it is untrue or misleading and the person making it knows that it is, or might be, untrue or misleading. Subsection (3) provides that a representation means any representation as to fact or law, including a representation as to a person's state of mind.

Subsection (4) provides that a representation may be express or implied. It can be stated in words or communicated by conduct. There is no limitation on the way in which the representation must be expressed. So it could be written or spoken or posted on a website.

Subsection (5) provides that a representation may be regarded as being made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention). The main purpose of this provision is to ensure that fraud can be committed where a person makes a representation to a machine and a response can be produced without any need for human involvement.

Section 3. makes it an offence to commit fraud by failing to disclose information to another person where there is a legal duty to disclose the information. A legal duty to disclose information may include duties under oral contracts as well as written contracts. The concept of "legal duty" is explained in the Law Commission's Report on Fraud, which said at paragraphs 7.28 and 7.29:

"7.28 ..Such a duty may derive from statute (such as the provisions governing company prospectuses), from the fact that the transaction in question is one of the utmost good faith (such as a contract of insurance), from the express or implied terms of a contract, from the custom of a particular trade or market, or from the existence of a fiduciary relationship between the parties (such as that of agent and principal).

7.29 For this purpose there is a legal duty to disclose information not only if the defendant's failure to disclose it gives the victim a cause of action for damages, but also if the law gives the victim a right to set aside any change in his or her legal position to which he or she may consent as a result of the non-disclosure. For example, a person in a fiduciary position has a duty to disclose material information when entering into a contract with his or her beneficiary, in the sense that a failure to make such disclosure will entitle the beneficiary to rescind the contract and to reclaim any property transferred under it."

Section 5. defines the meaning of "gain" and "loss" for the purposes of sections 2 to 4. The definitions are essentially the same as those in section 34(2)(a) of the Theft Act 1968 and section 32(2)(b) of the Theft Act (Northern Ireland) 1969. Under these definitions, "gain" and "loss" are limited to gain and loss in money or other property. The definition of "property" which applies in this context is based on section 4(1) of the Theft Act 1968 (read with section 34(1) of that Act) and section 4(1) of the Theft Act (Northern Ireland) 1969 (read with section 32(1) of that Act). The definition of "property" covers all forms of property, including intellectual property, although in practice intellectual property is rarely "gained" or "lost".

Section 6 makes it an offence for a person to possess or have under his control any article for use in the course of or in connection with any fraud. This wording draws on that of the existing law in section 25 of the Theft Act 1968 and section 24 of the Theft Act (Northern Ireland) 1969. (These provisions make it an offence for a person to "go equipped" to commit a burglary, theft or cheat, although they apply only when the offender is not at his place of abode.) The intention is to attract the case law on section 25, which has established that proof is required that the defendant had the article for the purpose or with the intention that it be used in the course of or in connection with the offence, and that a general intention to commit fraud will suffice. In R v Ellames 60 Cr. App. R. 7 (CA), the court said that:

"In our view, to establish an offence under s 25(1) the prosecution must prove that the defendant was in possession of the article, and intended the article to be used in the course of or in connection with some future burglary, theft or cheat. But it is not necessary to prove that he intended it to be used in the course of or in connection with any specific burglary, theft or cheat; it is enough to prove a general intention to use it for some burglary, theft or cheat; we think that this view is supported by the use of the word 'any' in s 25(1). Nor, in our view, is it necessary to prove that the defendant intended to use it himself; it will be enough to prove that he had it with him with the intention that it should be used by someone else."

Subsection (2) provides that the maximum custodial sentence for this new offence is 5 years.

Section 7 makes it an offence to make, adapt, supply or offer to supply any article knowing that it is designed or adapted for use in the course of or in connection with fraud, or intending it to be used to commit or facilitate fraud. For example, a person makes devices which when attached to electricity meters cause the meter to malfunction. The actual amount of electricity used is concealed from the provider, who thus makes a loss. Subsection (2) provides that the maximum custodial sentence for this offence is 10 years.

In the Magistrates Court the sentence for a single offence may not exceed 12 months. However, Section 78 of Powers of Criminal Courts Act (Sentencing) Act 2000 imposes a maximum of six months. This was due to be changed in November 2006 and will change if Section 154 Criminal Justice Act 2003 is activated. As at 16 January 2007 it has not been activated so the maximum penalty is restricted to six months.

Section 8: "Article"

Section 8 extends the meaning of "article" for the purposes of sections 6 and 7 and certain other connected provisions so as to include any program or data held in electronic form. Examples of cases where electronic programs or data could be used in fraud are: a computer program can generate credit card numbers; computer templates can be used for producing blank utility bills; computer files can contain lists of other peoples' credit card details or draft letters in connection with 'advance fee' frauds.

Section 12 repeats the effect of section 18 of the Theft Act 1968. It provides that if persons who have a specified corporate role are party to the commission of an offence under the Act by their body corporate, they will be liable to be charged for the offence as well as the corporation. By virtue of subsection (2)(a) and (b) this offence applies to directors, managers, secretaries and other similar officers of companies and other bodies corporate. Subsection (3) provides that if the body corporate charged with an offence is managed by its members the members involved in management can be prosecuted too.

Itis now too late to reverse your position, as a report has today been passed to the OFT.However, I am conscious of the possibility that their enquiries may be protracted and so therefore I have today made a formal complaint to the Police, providing a S.9 Witness Statement, together with first generation copies (taken by the Police) from the documents you sent to my address. My request for this matter to be investigated under the Fraud Act 2006 has been accepted and enquiries are today commencing.

Sorry it's a bit lengthy...but does anyone have any comments?[

Best wishes to you all

Dougal:cool:

Edited May 20, 2008 by Dougal16T

[cashins]

You could have a point.

 

Sec 3 is the killer in the 2006 Act. It has caused a lot of concern among small businesses as it can be an offence even to withold information from another party, (doesn't matter if they have been asked or not), which they have a right to know, for the purposes of a gain for themselves or others.

 

One for the legal brains I think.

 

David

[1oweu0]

Well i got a letter today, sort of felt like i was one of the chosen few until i seen how many posts there are of these kn0bjockeys. seems like somone payed them as they now have new stationery. the letters are blue and posted by TNT, they have tear strips so they look like a little old lottery card, except when you open this your amazed to find someone wants YOU to call them.

 

I dont know why they want me to contact them and to be honest i dont really want to find out. In this day and age of identity theft, do they really expect us to divulge our personal information and financial informtaion on their say so over the phone on a supposed debt, well, had i hatched yesterday down at the fruity-loop-funny-farm then yes i would. but sadly im a little older and wiser than that MH so i wont be calling you to give you my name, address, number, DOB, bank details, drivers licence, passport, height, weight, gender, place of work, employment history, place of birth, mothers maiden name, farthers name, brothers name, sisters name and PIN numbers.

 

Kilmarnock must be a nice place, shame it has a black spot on it. anyway nice stationery. i would recommend that MH turn them into lottery tickets. sorry my mistake i guess they already are.

Edited May 28, 2008 by 1oweu0