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    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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Mackenzie Hall. Do any of you know of them?


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Yes, am aware of the Consumer Protection Act!

Consumer Protection Act 1987 - Wikipedia, the free encyclopedia

However, in this particular case, surely they meant the, Data Protection Act?

 

They probably meant CPUTR Consumer Protection from Unfair Trading Regulations 2008 - The Office of Fair Trading

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Either way they were wrong as they did not say it correctly.

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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There is only one Consumer Protection Act, which can be used in relation to defective products e.g. PPI for instance:

http://www.opsi.gov.uk/acts/acts1987/pdf/ukpga_19870043_en.pdf

 

In this scenario, it is not a case of what, they, probably meant!

 

Firms, cannot put into writing, a statement and then go back and say;

oh, we didn't really mean the, Consumer Protection Act (1987).

 

I would suggest, that their choice of wording could be contrued as misleading to the Consumer.

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Regulation 3 of the CPUTR will implement Article 5 of the UCPD and generally prohibits all unfair commercial practices. This general prohibition protects against unfair commercial practices which do not fall into the specific prohibitions of misleading and aggressive practices or the 31 specifically banned practices as set out in Schedule 1 of the CPUTR. It is therefore designed as a “safety net” and is drafted to catch all unfair commercial in any business

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Well whilst I say thank you for the legislation I again ask - has a case such as this made it to the courts? Has, for example our dear 'playmates' such as MH EVER been taken to court reagrding SB debts and their 'naughty' games? Trading Standards can be useful when they act however there's one thing in them being 'interested' versus them taking 'action' .

 

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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found this site and find it very interesting what i have been reading.

 

today had a phone call from MH, ( would love to know how they got my number as i'm ex dir)

anyway the caller said all calls are recorded and he wanted to confirm some details with me, I asked what was it about and he said I NEED TO CONFIRM DETAILS WITH YOU BEFORE I CAN SAY? he wanted my address to start with? i asked again what was it about and he said the same thing again about confirming MY details (they have my phone number so they must know my address too Right?)

i just said if your not going to tell me what its about i'm not talking, he then started to say Yet again ( and you could hear he was getting a bit mad) I NEED TO CONFIRM DETAILS FIRST, i then said ok if your not going to say what its about i'm going and hung up on him

 

 

i have taken a copy of the letters giving on this forum and if i get one from them then they will get one from me.

 

what i need to ask is i have been Advised if i send the letter to them I am to Add my name in in Caps before printing it out I was told NOT to Sign it?

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what i need to ask is i have been Advised if i send the letter to them I am to Add my name in in Caps before printing it out I was told NOT to Sign it?
There is no legal requirement for you to provide a hand written signature.

Select committee on Trade and Industry minutes of evidence

(1996 Legislative working party)

 

2. The working party looked at the legal issues regarding the terms document, writing, signature, instrument, and records of transactions and originality. The Government's current proposed legislation focuses particularly upon the issue of signature. The working party considered the leading case in English law on signature methods, Goodman -v- J Eban Limited. That decision established that:

 

2.1 mechanical signatures using rubber stamps, printing or typewriting were valid in english law;

2.2 a signature can be by a mark rather than a name as long as evidence can be given to indentify the placer of the mark and the intention to sign; and

2.3 words other than a name can amount to a signature if the necessary intention to sign can be proven

 

Now although this working party was looking into the Electronics Commerce Bill it points to . .

 

Goodman v J Eban Ltd (1954)

 

A solicitor signed a solicitors bill with a rubber stamp which contained the name of the law firm. In the judgment it was determined that the rubber stamp was a valid signature, even theough the Solicitors Act of 1932 required a solicitors bill to be signed; it was established that it is enough to demonstrate that the rubber stamp was affixed by the solicitor with the intention to sign the solicitor's bill.

 

So now taking the highlights above I go to:

 

Interpretations act 1978

 

Schedule 1

 

1973 c.37.

 

"Writing" includes typing, lithograpgy, photography or other modes of representing or reproducing words in a visible form and expressions refering to writing can be construed accordingly

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MH - Cunning things they do....

Send letter to 'The Occupier'

Send letters to 'you'

Send text messages

Call you

Send Lanline Phone BT messages (you call back and listen to MH wanting you to call them back)

Luckily they do not have my email or they'd be sending mails too!

In fact MH use every available option to attempt to 'put on you'

 

The odd occasion I've actually spoken to some 'character' I always asked (as mentioned previously) for them to have a sexy young lady to call me back and chat with me - They never took up on that offer! LOL However that kind of 'banter' is a good way of getting rid of them off the phone!

 

Michael

(cynical mode on)

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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Another good way is to forget your post code, address, DOB etc. If they can't do data protection they can't talk to you

 

When this Company Zinc contacted me (they seem to have taken this from MH) the womna wanted my address and date of birth before she could talk about "my account" with them.

 

She got a bit stroppy when I told her that as I didn't have an "account" with them I was not going to divulge that information.

 

She called back again two days afterwards, and said the same thing, to which I replied that the information was confidential and none of her business.

 

That seemed to put her off for a week or two, but they called while i was out last week.

 

She will get the same response if she calls again.

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Hmm, data Protection opens up the proverbial can of worms. HSBC have not asked for such information for a couple of months now.

 

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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Now, I'm about to make a few of you chuckle and MH get upset

 

There are new domanin endings that are available for sale and MH hane not bought theire

 

their actiual domain is Home – Mackenzie Hall | Debt Recovery Agency in the UK.

 

the domain (available to register by anyone) is

 

http://www.mackenziehall.co

 

They have not bought it yet, so if someone was to buy it they could set up a contact email address such as [email protected]

 

Oh am I stirring the manure :D

 

for those that don't know domain names are like phone numbers - they are usually given on a first come first serve basis. MH had 3 months up till last Tuesday to buy this domain (as they have a business website of a similar name) prior to it going on general release

 

ps

 

if anyone wants to buy it you could buy it through

 

123-reg | Domain names | Domain name registration (thats who I use) cost £30+vat - others are cheaper but don't process things as quick

 

:lol::lol::lol::lol::lol:

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I am Skint (as per title), so I'm glad that MH don't have it.

 

You now have options;

 

I fell out with a builder (ripped me off), so I bought his web domain and directed it to rogue traders

 

You could call them and offer to sell it, but be careful- this could be construed as extortion.

 

You could offer to give people email addresses that end in MH domain.

 

You could put up a page expresing your opinion- remeber you are entitled to your opinion- make sure you state clearly that any info is your opinion and may not be totally factual

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a "better" way is to give them a false DOB

 

when they queery it- you repeat it

 

if they contest it you tell them that you ought to know your own DOB

 

they will then tell you that they cannot continue the conversation as you did not pass the security questions

 

you will laugh as they put the phone down!!

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Hi all

 

been a long time since i posted but been enjoying myself reading about this lot today.

 

Got my first letter from them this morning stating Door step assment by an authorised Merit force collector. Authorised by who exactly???? certainly not me to enter private property and come to my door.

 

The debt in question is very old and without boring you all there is a very long tale to it. Think this debt has been to just about every DCA in the uk so it seems we are moving up to scotland now!!!

 

As you can tell by my tone im not worried. Saw off at least 30 other DCA's so bring on the new.

 

I have had every trick in the books, Thretened Bankruotcy, Balifs, CCJ's Closure of my business, repossesion of my house, Killing of my cat (which ive never had a cat by the way) contacting neghbours even a you have won a prize ring this number.

 

Just wanted you all to know you are not alone and they never give up so just roll with it and have a bit fun along the way at their expense.

 

x

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Oh sorry forgot to say todays letter also holds the phrase "if you are not the named person above please contact us quoting address ID xxxxxxxxx to stop further communication"

 

If they were really going to send someone to my doorstep then you would think they would know i lived there first.

 

Do they really think i believe that a phone call to them would stop communication??

 

must think we were born yesterday.

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Oh l like that line cause its against the law for you to open mail not addressed to you.

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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Sadly not or i would have laughed a little more.

 

They got a little posher and sign Assessment Manager now, all adds up to the same though.

 

i still love the line "we will have to advise our client to take further appropriate action".

 

Theyve been advising them of that for the past 10 years you would think they would get the hint that i know they cant touch me. By the way the debt has risen by 5K during that time despite the fact interest was frozen.

 

The best bit no CCA and no SAR provided, police have spoken to them as have trading standards just give up!!!

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  • 7 months later...
  • 7 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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