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    • Write to the IPC complaining that UKPC have not observed the requirements of PoFA . IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA. You will be aware that this is not the first time that UKPC have fallen foul of the DVLA and presumably yourselves. I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPC to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and is unfair to misguide motorists. I await your  response which I understand will usually be within a week. -------------------------------------------------------------------------------------------------------------------------------------------------------I would think that should be sufficient for the IPC to cancel your PCN though  you should await comments from the Site team before sending your complaint. Don't forget to include both PCNs.  
    • Hi DX, Sorry, fell asleep as I was up all night last night writing that statement. Yes, I attached the rest of the witness statement on post 50, bottom of webpage 2. That's the important part.  It looks like the lawyer who wrote Erudio's Witness statement does not work for them any more. So, I'll have another lawyer representing instead. Not sure if I can use Andy's hearsay argument verbally if that happens.... I did not put it in writing. Apart from not sending deferral forms, my main argument is that in 2014 Erudio fixed some arrears mistake that SLC made and then in 2018 they did the same mistake, sent me confusing letters. What is the legal defence when they send you confusing material?
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    • That isn’t actually what the Theft Act 1968 S1 actually says, BTW. https://www.legislation.gov.uk/ukpga/1968/60/section/1 (1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it;   The difference between what you’ve said and the Act? a) intent to permanently deprive rather than  just depriving (which is why the offence of “taking without consent” was brought in for motor vehicles, as otherwise "joyriders" could say "but I intended to give it back at the end") b) dishonesty : If I honestly believed A's pen belonged to B, and took it and gave it to B - B might be found guilty of theft but I shouldn't be. 
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Mackenzie Hall. Do any of you know of them?


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Hi indebttoeveryone..

 

I have posted before, but I can not reiterate enough by saying please all who have Mackenzie Hall on their backs whether it is phising or otherwise send all details (ie copies of letters, phone conversations) to the OFT. The more complaints they recieve on top of ones they already have will add to the case-

 

Address;

 

Consumer Debt Division

Office of Fair Trading

Fleetbank House

2-6 Sailsbury Square

London

EC4Y 8JX

 

x

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As well as this, speak to the Credit Services Association.

 

If mackenzie dont have csa backing, any serious, decent companies will drop them like a hot potato.

 

csa ALWAYS encourage you try to resolve with mckenize (or anyone you have a complaint with) in the first place. Prove they are beyond reason and get the complaint in.

 

enough complaints will lead to csa removing their backing. Mackenzie hall will then be f*cked. !

 

Ultimately, any company without a consumer credit licence cannot trade in the debt collection industry.

 

Enough complaints to OFT, CSA etc will see their licence being revoked.

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When a company consider taking on a specific DCA the first thing they look for is "does the company have CSA membership" Clearly OFT can revoke consumer credit licences but it doesnt hurt to copy the csa in to any correspondence. Again, contacting the creditor direct to let them know you have been abused/harassed by their DCA will produce results always.

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I have just found a letter from MH in my mailbox and must admit I'm extremely glad I decided to check them out online as it was too late to ring them as requested. The reason for checking them out is that I have no idea who "Redcats" are from whom the debt appears to have originated. They are demanding just over £150 but there was no such debt on my last credit report so I guess I'll try the ignoring tactic first. They've given me 2 days to phone them to avoid potential legal action/costs so I shouldn't be waiting too long to see if they are going to follow it up.....

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Ignore them and their stupid, unrealistic deadlines.

 

They would be foollish to try and collect a relatively small sum by taking legal action. They would also have no right to add costs if they do not have the right to collect. Especially if there is no mention of this sum on your credit file.

 

If they continue writing to you, or make any attempt to call, or, and perhaps more importantly add innaccurate information to your credit file write to them and demand all the paperwork they have on you. A CCA and a SARN will cost you about £12 but if they don't provide the necessary documentation as required by law you can then use the law to beat them about the head.

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Hello,

 

Had contact from MH in January. Ignored them, think it's for a really old debt from 1997.

 

However a company called J2 solutions called my home and my 90 year old neigthbour asking if I lived here, where I work and my mobile number.

 

I called up when I got back from work at 6 ,the quoted a 6 figure extension number, hmmmm Im guessing more like an account number.

 

They were closed at 6 oclock, so left a message quoting this extension number, my address and my name, and said all contact should bein writing only.

 

My only question, because if this call, would you class this as a "bite"? Will they still pound me with letters and phone calls?

 

I only called up as the called my 90 year old neighbour out of the blue, why should anyone else be involved?

 

Keep up the good work

 

Jamie

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MH were really abusive to me on the phone. My advice would be to write to them, stating you do not cknowledge any debt to their company on a standard "statute barred" letter. I did this last week and haven't heard a peep since.

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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Hello,

 

Had contact from MH in January. Ignored them, think it's for a really old debt from 1997.

 

However a company called J2 solutions called my home and my 90 year old neigthbour asking if I lived here, where I work and my mobile number.

 

I called up when I got back from work at 6 ,the quoted a 6 figure extension number, hmmmm Im guessing more like an account number.

 

They were closed at 6 oclock, so left a message quoting this extension number, my address and my name, and said all contact should bein writing only.

 

My only question, because if this call, would you class this as a "bite"? Will they still pound me with letters and phone calls?

 

I only called up as the called my 90 year old neighbour out of the blue, why should anyone else be involved?

 

Keep up the good work

 

Jamie

 

Yes, they will probably start to harass you now. Send the statute barred letter as suggested. You should also write to your local Trading Standards department (probably after they've had a couple of weeks to respond to the statute barred letter and failed to do so). Complain that they're trying to collect a statute barred debt and at their tactics in contacting a neighbour of yours. Did they share any personal data with your neighbour- ie did they say they were collecting a debt?

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On a similar note I received a TELOGRAM letter last week, phoned it up (but didn't give any reference numbers / details), followed by a letter from Keppe & Partners Solicitors (Fleet 27, Rye Close Fleet, Hampshire) today saying:

 

--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---

 

Dear Mr JMio,

 

We are instructed...

 

Yours sincerly

 

(unreadable scribble)

 

KEPPE & PARTNERS

 

It is a small world isn't it. Look at the address for Capquest.

 

Capquest Debt Recovery

Fleet 27 Rye Close Fleet

Hampshire GU51 2QQ

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I bet MH don't record any calls - it wouldn't look good for them in front of TS if they proved who rude they were the absolute lies they tell i.e. not writing to tell a company you ahve moved address is a criminal offence.

 

Their local TS is well aware of their antics - so much so, in fact, that the guy there told me he only contacts them about vulnerable people who really need his help - he more or less told me to tell them to stick 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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Update - Its been over 1 month since i sent them the offical cca letter and surprise, surprise havent seen nor heard a thing

 

LOL they fail so hard. The next "spam mail" i get from them im straight off to TS.

 

This industry needs much better policing, i would like to see someone put them under the pressure they enjoy putting on others so much.

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Landcruiser - I think MH prefer to do "business" by telephone, they don't have our phone number (ex directory) and so communicated at first by the little red postcard and followed up with letters, if they are calling you on your home phone, check out BT's Choose to Refuse service, where for a small fee you can bar certain telephone numbers from getting through. Advice from here all says don't ever speak to MH on the phone, only ever communicat in writing. If they have a phone number for you, no doubt they will be able to find an adddress, we moved house last year, and are not even on the electoral roll and they still found us! :)

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Thank you Duffers Mum, I am sure its only a matter of time before the little red letter comes through.

I am not on the electoral roll,in fact there is nothing with my name on at this property, but I have found out that the info they have got is from a previous address and the present owners,they have opened my mail and contacted the company in question,in fact, they photocopied my letters and sent the copies to me at my new address. surely its against the law to open others mail and act upon it.

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I'm not sure whether its against the law, but from their point of view they probably got fed up receiving letters which aren't for them. I have opened mail in the past at my address but not addressed to me in order to advise the sender that the person is not living at that particular address, however I would not advise anybody of somebody else's address. I make a point when I move to just put on a redirect but never tell the people who buy our house what our new address is. These wretched DCA's always seem to find you, but I think we just need to start standing up to them and make them realise they can't get away with their bully boy tactics any longer. Nothing annoys them more than them not being able to contact you by phone, try the choose to refuse service from BT if they continue to harrass you, it works a treat and they will then have to contact you by post and likewise you can then send everything recorded/next day delivery, so they can't deny ever receiving anything! This site is a great source of helpful information, read through the threads, you will learn a lot - good luck :)

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Best advice i took from here, as hard as it may sound.

 

DO NOT SPEAK TO THEM, IGNORE THEM. (And dont lose sleep over it...)

 

I got another spam letter last night, i think i may start a collection all for TS! (this one was a variation on their "home collector in 7 days letter.. we wont send ANOTHER warning")

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I assume that on their training courses they are only taught how to deal with customers on the phone. Knowing or believing the calls are not recorded gives them a wide leeway on what they can say or threaten. On the other hand if they commit things to paper there is always a copy of it which may come back to haunt them.

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Thanks to all for your support.

I have not spoke to them myself and they have been more than polite at this stage.

My previous address has had 2 owners since me and i did redirect the mail, i moved over 4 years ago, the new owners got the details from next door, bless them.

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