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    • I was trying to post all the paperwork that I have, namely facebook ad, messages between the seller and my son etc . But I'm getting the message that the files are to large. 
    • First of all please can you tell us the name of the seller, something about the van – age/year, mileage, price paid. How far away is the seller from where your son lives? Who do you take it to for this inspection? Are they prepared to give you a written list of the things that they found? This is very important and you may well have to get an independent inspection from somebody such as the AA. This will cost you some kind of feedback we expect that we will be able to help you get it back. I would say that if you have to bring a court claim – which is likely – then your chances of success are better than 95% but the difficulty might be enforcing the judgement against the seller. We will have to no more in order to give you better advice. Does it have an MOT? What is the date of it and who gave it the MOT? I suggest that you start taking pictures of all of the defects that you can find.   Also I am going to say that I believe that you came over from Facebook where you were already informed that we would need at least all of the information which I have requested above. It will save a lot of time and effort for everybody if you can simply come up with the things that we ask without too much delay
    • My autistic son brought a van from a private seller. ( there was 5 other cars on his drive and another van, plus loads of machanic tools in his hallway,  so he probably is a unofficial dealer).  He gave the van a once over, he checked for any warning lights that might be on, there was none. He checked underneath for any rust etc, it all looked fine. The body was rough, but you'd expect that for the age of the van.  He got his brothers machanic to give it a pre mot check, as the van was old so he expected it to have a few problems. The van is a deathtrap, the seller had blacked out all the warning lights that were on the dash,  and I mean all.  He had also painted some kind of black stuff on the underside, to hide all the damage there.   My son drove it for over 2 hours to get it home. The machanic said he's surprised my son is still alive, and an untrained eye would not of seen what the seller had done.  Iv asked the seller for a refund and for him to have the van back, but he is refusing. Is there anything we can do.   
    • The economy grew by 0.6% in the first three months of the year, ending a shallow recession.View the full article
    • First of all it sounds as if your retailer is very decent and very responsible. This itself is unusual in these kinds of circumstances and I think we need to bear this in mind. The guarantee is not particularly relevant and in fact the dealer had a statutory duty to exercise a certain responsibility for your computer – probably for several years as their obligation under the consumer rights act. The dealer may not have known this and it simply acting out of a sense of moral responsibility and that is even more noteworthy. You've already suggested earlier that you didn't really want to cause problems for your retailer. I think that you will need the help of your retailer as well in order to get information and evidence. I suggest that you proceed against DPD – but before you do that – I suggest that you have a discussion with the retailer. Tell them that this is what you are going to be doing and you would like to have a copy of anything they have which relates to the special instructions which apparently your dealer has already informed you about in relation to where item should be left. Secondly, maybe you should tell your dealer about this site and also about this thread. I can imagine like many dealers who are frequently sending items by means of couriers, they have had things go missing. Tell them that we will be very happy to help them recover money for lost or damaged or stolen items – and that is regardless of whether or not they have purchased insurance. Apart from being very pleased to help your dealer recover items which have been lost by irresponsible parcel delivery companies, I think we need to encourage the complicity between you and them so they will be pleased to support you in your claim against DPD. It will be helpful if you can get a copy of the instructions that you have referred to above, and also if you can get some written evidence of your own instruction that your laptop should be left in a safe place. Have you done the reading on this sub- forum? You will need to do lots of reading of many of the similar stories on this sub- forum. They won't necessarily be against DPD but the principles will broadly be the same. Also read the pinned topics at the top of the sub- forum in order to understand many of the principles involved. Getting your money back but be quick – but your chances of success are better than 90% that you can bank on it taking anything up to a year. Have you got anything in writing from DPD either refusing you or telling you that they won't discuss with you?  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Mackenzie Hall. Do any of you know of them?


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I just came across this Fraud Act myself and have cited it in chasing a company who owes me a lot of money and did everything to avoid it. Not a straight forward 'goods supply/not pay invoice debt, but I did 6 months consultancy job for them advising them, then they said they don't owe me anything...feckers just wormed their way out of paying anything, just like they did to many others..this Fraud Act covers it nicely and in situations like Dougal states this is one powerful tool s.1-4 of the Act

 

Oh and Ioweu0 - hope you don't mind me saying so, but 'stationary' is with an 'e' when its paper....

Mum always taught me 'e' for envelope - helps you remember 'a' as in Sarah - always stationary! ;)

 

Just check out what everyone tells you on here with these DCA's the devils in the detail - just get the facts right and you won't need bravado - they trip themselves up! Just be prepared with the right arguments..then they're gone :D

 

Sarah ;)

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I just came across this Fraud Act myself and have cited it in chasing a company who owes me a lot of money and did everything to avoid it. Not a straight forward 'goods supply/not pay invoice debt, but I did 6 months consultancy job for them advising them, then they said they don't owe me anything...feckers just wormed their way out of paying anything, just like they did to many others..this Fraud Act covers it nicely and in situations like Dougal states this is one powerful tool s.1-4 of the Act

 

Oh and Ioweu0 - hope you don't mind me saying so, but 'stationary' is with an 'e' when its paper....

Mum always taught me 'e' for envelope - helps you remember 'a' as in Sarah - always stationary! ;)

 

Just check out what everyone tells you on here with these DCA's the devils in the detail - just get the facts right and you won't need bravado - they trip themselves up! Just be prepared with the right arguments..then they're gone :D

 

Sarah ;)

 

Thanks for correcting me, no i dont mind. the simple fact is that as i am aware i owe them nothing. I find it insulting that they would expect anyone to give any/all these personal details over the telephone to someone they have never heard of without first them giving you some sort of information first.

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Thanks for correcting me, no i dont mind. the simple fact is that as i am aware i owe them nothing. I find it insulting that they would expect anyone to give any/all these personal details over the telephone to someone they have never heard of without first them giving you some sort of information first.

 

I had this conversation with Iqor DCA (old Legal & Trade) they phone up and say they are phoning 'from Preston' can you give me your details etc.. Who are you I said? " we are phoning from Preston" - fine, but I don't know anyone in Preston - who are you?" I can't discuss that until you confirm DOB etc..get lost...!:D

 

They use the Data Protection Act as their excuse, trouble is they keep on phoning, you say the same thing, they keep on phoning, you say the same thing..until, I wrote to them telling them about the Communications Act 2003, that if they phone again I will send them an invoice for £50, If they write and I have to answer it £60 and if the continue to call or write given the account is in dispute they had then accepted the terms above.. that shut them up!

 

ijuts..

 

Sarah

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Oh i like that sarah.

 

Maybe i should use that one.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Be my quest:

 

Dear Sirs,

 

Re: References quoted on your letter

 

I now discover who our mystery callers are from ‘Preston’ who will not say who they are when they telephone and get rather irate when I ask them who they are. Hmm.. iQor Recovery services indeed.

 

Firstly, may I let you know that I DO NOT ACKNOWLEDGE ANY DEBT TO iQor Recovery Services Ltd.

 

Further, if I am not mistaken, the account you refer to is a xyz Bank account

WHICH IS IN DISPUTE and therefore your collection activities are in breach of OFT guidelines and the Consumer Credit Act.

 

Further still, your operatives who have made four calls in as many days, one of which was extremely rude when I asked him who he was, explained that they could not disclose who they were due to the Data Protection Act whilst expecting me to disclose all, but then he continued to remind me of my address. The others just hung-up. Now if you break the Data Protection Act then you guys are in serious trouble. Well let me tell you of another little Act which will equally get you into a lot of trouble if you choose to ignore it, that being The Communications Act 2003.

 

I am hereby giving you warning of legal action being taken against you without further reference to yourselves if I receive one more telephone call from your company. I have a right under the aforesaid Act to request any communication IN WRITING and therefore please accept this as my request.

 

I will have no further communication with yourselves and if you choose to send letters which require answers my terms are as follows:

 

1) Each letter I write will be accompanied by an invoice for £60.00 plus postage to cover my time wasted.

2) Payment of said invoice will be due within seven (7)days and if it is not paid within seven(7) days then you will automatically be issued proceedings in the small claims court without further notice from me and you will face court costs and/or a judgment.

3) Any telephone calls received will be followed by an invoice for £50.00 to cover time wasted and stress.

4) Any telephone call or letter received following receipt of this recorded delivery letter will be deemed acceptance by you of the above terms

 

If there is anything about this you do not understand, please consult your lawyers.

 

Sincerely

 

 

Inspired by ‘the Cabot Fan Club’ – Google them, ignore them, and get what’s coming to you

 

 

:D Sarah :p

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Hi all. Like many, googling the name Mackenzie Hall led me here. What a great site, I've just spent a very illuminating 2 hours reading all 35 pages of this thread!

 

In the last few months I've had quite a few calls to my ex-dir tel no from MH asking for someone I've never heard of. I've tried explaining that I've lived here 6 years, none of the post that ever turned up for former tenants when I first moved here had the name on that they were on about either but it doesn't stop them calling. In common with another poster here I tried an air-horn on 'em and that got shot of them for about 6 weeks, but like all pests they're back again. I've had a good eff and blind at them on more than one occasion and put the phone down on them once or twice too. Reading what a pile of turd they are I feel a lot less bad about that now!

 

Funnily enough, I have an old debt from about 1990/91 that never got settled, or at least got passed to Thames credit, because of the circumstances at the time it got ignored and even they gave up eventually. Seeing what sneaky methods MH use I'm glad I wasn't daft enough to confirm my name when denying I wasn't who they claimed they were asking for. It sounds like a variation on the deliberately-wrongly-named-creditor enticement they've tried on other posters on this thread. With this in mind, can anyone confirm or deny that obtaining a copy of one's own credit report from Equifax or whoever will ultimately advertise to any/all DCA's that a name they might be looking for is now confirmed to live at a now-confirmed address and could ultimately result in yet more phone-calls/correspondence?

 

On the one hand I'm glad it's not me they're (apparently) after, but on the other hand I'm a bit peed off they've got my number, as this can only be from my ISP (who also supplied my phone), as I don't put it anywhere in the public domain at all, ever (it was a year before my mum realised having broadband meant I must have a landline and could she have the number please... :D!).

 

What strikes me most is this: This thread started in March 2006 and, from the tone even then, it seems MH were already well known to be tow-rags of the lowest order. Posters were exhorted to report MH to TS & OFT etc. It's now June 2008 and, despite the helpful Mr Stewart in east Ayrshire and whatever little the OFT has done, these scabs are still operating with impunity. I can't tell you how many :evil:'s feel appropriate right now. What's the point of laws and sanctions if the regulatory bodies just sit idly by and do nothing? :evil::evil::evil::evil::evil:! How big a file does it take before the OFT does something?

 

Sorry, I realise I obviously need to up the dosage and perhaps watch V for Vendetta while I wait for it to kick in. Again. Grrr!

 

Fair play to everyone posting here and not taking any crap from this company. It's nice to see Brits getting off their backsides and doing something for themselves for a change. Luckily (?) I did my debt burnout 20-odd years ago, and I don't have a mortgage or any credit cards any more (parking-ticket battles are more my thang now). I'm just really naffed off that:

A) we pay far too much for everything in this country and get shafted time and time again by unscrupulous businesses AND the offices of local and national govt. that are allegedly there to represent & defend us against said scumbags

and

B) It looks as though I've got little or no chance of getting this sodding company to stop calling me. Aaaargh.

 

I really should've stopped reading this three hours ago, so well done to all who've got one over on MH and best of British to everyone still struggling with them.

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Good luck - they're fairly easy to see off but, as i believe I have said an hundred times - never speak to them on the phone!

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Good evening everyone,

 

Just reading the comments about MH....perhaps I might make so bold as to recommend my letter on page 34 of this thread!8)

 

It has worked a treat...so far!:wink:

 

But the important point is that they are breaking the law!

 

Regards and best wishes

Dougal

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You should not respond to these people. They are just trying to get confirmation of your address and that you are who they think you are.

 

The reason that their tactic works is simply because people are so curious that they can't bear not to respond ot to try and lord it over the company a bit - but in fact as soon as you pick up the phone and quote the reference, the letter or card has done its job.

 

Leave it alone. Don't respond.

best advice I've ever heard.
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And always remember to file everything - you never know when you might need it.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Whilst I agree in general with this advice from PI Guy (and obviously Bankfodder), it is (IMHO) imperative that these 'collectors' are aware that the public will no longer be a 'soft' target and that the consumer is finally fighting back against these cowboys.

 

[Remember they are breaking the law - must they be allowed to carry on doing so?]

 

However, each of us must choose his/her own path.....

 

Sincere best wishes to everyone (and without CAG I would not have had the sucess I have had so far!)

 

Dougal

Edited by Dougal16T
poor spelling as usual!
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Hi everyone,

 

I tend to be more a lurker than a poster but thought I would share this with you .... it is after all friday afternoon so a good time for a giggle.

 

Had a 'phone call at work. Picked up 'phone and answered with name of company and my first name as we are told to do. Chap asked me if I was XXXXXXX and I replied:

 

'Yes, can I help you?'

 

Then he said:

 

'This is MacKenzie Hall and I would like to discuss a debt you owe'.

 

I, very politely replied:

 

'Im very sorry but I have no wish to discuss anything with you over the 'phone. Thank you for your call, have a good day'

 

and put the 'phone down.

 

Literally within seconds the 'phone rang again.... i'm not stupid and so I knew it was them.

 

Answered 'Hello [name of Company], can I help?

 

Reply: 'Miss XXXXXX? This is .....',

 

didnt actually let him finish but politely said

 

'Sorry I did just say that I have nothing to discuss with you on the 'phone' ....... and put it down.

 

'Phone immediately rings again and one of my colleagues picks it up on the other extension just before me. I hear:

 

'I was speaking to Miss XXXX and she rudely puts the 'phone down....'.

 

At this point I butt in and very calmly say:

 

'I did not rudely do anything. I told you that I had now wish to speak to you on the telephone and wished you a good day. If you continue to call me on the number it will constitute harrassment and I will have no option but to report you to the police and you are aware that to continue to harrass me would not only constitute a breach of Section 40 (1) of the Administration of Justice Act 1970 but also the Communications Act of 2003 .........'

 

I heard 'Stupid cow' ...... AND HE PUT THE 'PHONE DOWN!!!

 

Now I am not even certain that I quoted the correct Acts to him but I dont think that really mattered.

 

Anyway , I apologise but I just found it really funny as I could hear the guy in the background getting all irrate whilst I calmly told him whatfor till HE put the 'phone down on ME!!!

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Well done sweetie!

 

Now send them a [edited] letter and instigate their complaints procedure for being rude to you - if they don't apologise within 8 weeks, get the FOS to investigate and they'll charge them for the privellege.

Edited by jonni2bad

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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In addition to filing a complaint with the trading standards department of your local council send a copy to Joe Donnelly, Principal Officer - Trading Standards

 

East Ayrshire Council 14 London Road Kilmarnock KA3 7AF [email protected] Apparently they are collating complaints and passing them onto the Office of Fair Trading

 

 

This address is similer to mackenzie halls...MHs is.30 the foregate KILMARNOCK,AYRSHIRE.KA1 1LU COINSEDANCE OR WHAT.:eek:

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I believe it is coincidence, actually, as I've dealt with East Ayrshire TS - let's not let conspiracy theories run too wild peeps ;)

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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  • 2 weeks later...

hi odc can you give me advise on this one recived letter from muppet hall today they state i have defaulted on a payment plan ive never agreed to one bascially the letter said if i do not contact them within 72 hours they will give the alleged debt to merit force who will then come to my house and merit force may take legal action against me what power to merit force have

thanks

loonytune

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Meritfarce have NO LEGAL POWER WHATSOEVER. In fact your friendly neighbourhood pizza delivery man has more power.

 

Send this to the Kilmarnock Cowboys.

 

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.

Should they be foolish enough to call at your door

 

1, Oreder them to leave in words of your choosing

2. If possible photograph the doorstepper and note his vehicle registration number

3. Should they fail to leave telephone the Police and report a breach of the Peace

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I haven't heard a peep from MH since I CCA'd them a couple of weeks ago, and I haven't phoned them yet, but with a few others I have been ringing them up just to taunt especially if they have sent me "nice" letters. Working in IT, I've setup a PBX at home, and connected my BT line to it so all calls get recorded.

 

I also let them know that on all letters I send out, and advise that they can get a copy upon receipt of £10 for admin costs. Funny, but since doing that, if they call they seem to be rather polite... though the other day one guy asked me "under what authority" I had for recording the call! :rolleyes:

ftolad v. Lowell - Statute Barred letter - * WON *

ftolad v. Scotcall - CCA'd, no agreement - * WON *

ftolad v. Mac Hall:

Still ongoing, official complaints procedure requested - 14 days to comply before TS, OFT and FOS.

 

All thanks to advice from CAG. :)

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