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    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • Which Court have you received the claim from ? Name County Court   MCOL Northampton N1 ?yes Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? Yes If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Give answer here Lowell How many defendant's  joint or self ? Give answer here Self 1 Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 08 may  ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here  the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx tge dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with the debt was legally assigned to the claimant on 18/03-21 notice of which has been given to defendant  the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£   What is the total value of the claim? Give answer here 1977£ Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here No Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here Credit card When did you enter into the original agreement before or after April 2007 ? Give answer here After Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Give answer here Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Unsure Did you receive a Default Notice from the original creditor? Give answer here Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here Not that he recalls Why did you cease payments? Give answer here Lost job What was the date of your last payment? Give answer here Feb 2023 Was there a dispute with the original creditor that remains unresolved? Give answer here No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here No What you need to do now.    Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts)   Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts   Request 1 - Loans/Credit Cards     Request 2 - Current Accounts     You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.   If you require CPR Part 18 - this will need to be drafted specifically.   If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form   If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.   You have received a Claim - What you need to do.pdf1.33 MB · 241 downloads     Before Printing the PDF TIP   If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:   Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).   Note: This will save you Ink & Paper    
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
    • A sinister tactic known as shoulder surfing is on the rise in the UK. Fraudsters are watching unwitting people log in to their mobile banking apps over their shoulder.View the full article
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    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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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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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 that a company called Telogram Limited attempted to make contact with you at the above address but have received no response or communications from you.

 

We would ask you, therefore, to contact the Telogram Contact Centre by 08 May 06 on telephone number 01252 576376 to establish whether the information this office has received is relevant to yourself and we will then be able to bring this matter to a conclusion.

 

Yours sincerly

 

(unreadable scribble)

 

KEPPE & PARTNERS

 

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

 

Think its safe to say I'll be ignoring this shower. There's only 2 (minute) possibilties of any old Debts I might have, 1 to BT Cellnet & one to the Halifax (both of which are 5-6 years old, if indeed they still exist, and are both less than £100.00).

 

It's been said before, but I'm SO SO glad I found this website - it's an Aladdin's Cave of information. Thank you to the founders for providing this!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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More and more intriguing.

I had a phonecall today, telling me what my *settlement* figure would be. £4,500.

However, when I asked them what this was for they told me that *they had not received any paperwork from City Finance yet*. Which isn't bad, as I had told them on January 4th that I was not prepared to enter into any kind of dialogue until I had seen what this was all about.

I again asked, and again I was told it harkened back to my old address, the one that I left in 1999. I then said that perhaps they should stop bothering me, as the debt would be statute barred, to which the gentleman replied "No, it can't be statute barred, as it has to be six years after it has been registered as default!"

Now, from my reading of the statute, if the person who owes the money is not contacted by the lender for six years then statute barring comes into effect, *not* six years from the time the debt is declared a default. Am I correct in this?

In any case, he seems to think it is due to an American Express credit card, which I can safely say I have never owned.

However, when I mentioned the possibility of identity theft he told me I had to report it to the police. I explained I could not really do that as I had no details whatsoever, as they have so far failed to provide me with any. To which he retorted that until I got a crime number they would vigourously pursue the claim, and interest.

The police were, understandably, unable to register a crime, as there was no proof apart from what Mackenzie Hall are stating, and Mackenzie Hall are refusing to put anything in writing...I can't help feeling something is rotten in the state of Denmark.

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I am almost certain that that is correct. They seem to be trying to rely on the "cause of action" wording in Section 5 of the Limitation Act. However, I believe that the Act is interpreted to mean six years from the last payment by the debtor or written acknowledgement of the debt.

 

If the debt is statute barred (and Mackenzie Hall have a reputation for sailing close to the wind on this one) this removes the legal obligation to pay them. It doesn't of itself stop them from hassling. However, continued attempts to collect a statute barred debt after you have told them to p1ss off probably constitute an offence under Section 40 of the Administration of Justice Act (1970). You may need to be prepared to assert this quite strongly and also to refer the matter to your local trading standards dept.

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I am almost certain that that is correct. They seem to be trying to rely on the "cause of action" wording in Section 5 of the Limitation Act. However, I believe that the Act is interpreted to mean six years from the last payment by the debtor or written acknowledgement of the debt.

 

If the debt is statute barred (and Mackenzie Hall have a reputation for sailing close to the wind on this one) this removes the legal obligation to pay them. It doesn't of itself stop them from hassling. However, continued attempts to collect a statute barred debt after you have told them to p1ss off probably constitute an offence under Section 40 of the Administration of Justice Act (1970). You may need to be prepared to assert this quite strongly and also to refer the matter to your local trading standards dept.

 

I will adopt the CAB's advice, and ignore them, until they send details. I'm not going to reply to texts or phonecalls.

Worryingly, the CAB is of the opinion that even by writing to deny ownership of the debt I can *re-open* the statute barring, so I am going to see if I can see a free solicitor should they get too noisy.

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I will adopt the CAB's advice, and ignore them, until they send details. I'm not going to reply to texts or phonecalls.

Worryingly, the CAB is of the opinion that even by writing to deny ownership of the debt I can *re-open* the statute barring, so I am going to see if I can see a free solicitor should they get too noisy.

 

AHA!

 

Just found this link:-

 

http://www.clear-your-debt.co.uk/limitation-act-1980.htm

 

 

Gottem!

 

All I need do is wait for them to write, and that's it. Game over!

 

Yay!

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Hmm, I received a letter this morning from MacKenzie Hall for a debt of about £1,900 which I didn't even know I had! I only moved house a few months ago so it is a mystery how they got my address. The letter offers a reduced settlement of £0.00, which I only have up until the 14th to pay...which is very strange. Do you think they are just trying to get me to agknowledge an old debt, so then even if I pay them £0.00 they can chase me? It dosn't say "full and final settlement" for whatever debt it relates to. I am slightly worried about identity fraud.....

 

Help please!

"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it's the only thing that ever has."- Margret Mead

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Hmm, I received a letter this morning from MacKenzie Hall for a debt of about £1,900 which I didn't even know I had! I only moved house a few months ago so it is a mystery how they got my address. The letter offers a reduced settlement of £0.00, which I only have up until the 14th to pay...which is very strange. Do you think they are just trying to get me to agknowledge an old debt, so then even if I pay them £0.00 they can chase me? It dosn't say "full and final settlement" for whatever debt it relates to. I am slightly worried about identity fraud.....

 

Help please!

 

You have three choices. You could ignore it completely, and see what they do next.

You could accept the £0.00 terms, send them a cheque, and make clear that this is in full and final settlement, or you could write to them demanding full disclosure of the debt within 12 days, and send a £1 postal order.

Personally, I'd send in a photocopy of the letter, along with the cheque, and mark *Paid in full*

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I would dearly love to do that :-) Unfortunately, I made the mistake of ringing them, and was told that they had made a mistake and that I still owe the outstanding debt *doh* Nasty tactics or what? I could still send them a cheque for £0.00 of course but would be worried about doing so as it would mean that I would be admitting the debt in writing, removing any statute barring. They wouldn't have to accept it either (unless I can find some way of forcing them to!), and so then they could persue me for the whole debt.

 

Eeeek!

"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it's the only thing that ever has."- Margret Mead

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I would dearly love to do that :-) Unfortunately, I made the mistake of ringing them, and was told that they had made a mistake and that I still owe the outstanding debt *doh* Nasty tactics or what? I could still send them a cheque for £0.00 of course but would be worried about doing so as it would mean that I would be admitting the debt in writing, removing any statute barring. They wouldn't have to accept it either (unless I can find some way of forcing them to!), and so then they could persue me for the whole debt.

 

Eeeek!

 

In which case the other two options are equally valid.

I have asked then to supply information, which they are massively unwilling to do. I have come to the conclusion that this is because as soon as any details arrive it will prove the debt is either phoney or ststute barred.

Coming up to six months from the request, and still nothing, so from now on I am going to ignore them.

If they have your mobile phone number they have a sneaky technique of texting you, and getting you to call back. Like a muppet I have done this the last few times, then suddenly thought *Hang on...why am I using MY mobile to call THEM back to do THEIR job?* Next text I get, I will ring them, and demand that they call me back.

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I'm just refusing to deal with them by phone. The are rude and bullying, and I don't have to listen to that especially if they phone when I'm at work.

 

I'm going to be doing the same as you, definitely. I'll send the letter asking for proof and details, if they can't provide it then tough! Hopefully that'll scare them off.

 

I'm just waiting to get a copy of my credit report first though, so that I'm clearer about how long ago the debt relates to, and to see what damage has been done!

"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it's the only thing that ever has."- Margret Mead

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  • 2 weeks later...

More fun and games :)

Yesterday I got a Standing Order form to fill out, for $47 a week!

Today they rang me to ask why I hadn't filled it out, and I explained I'd not bothered because I am not an idiot.

Phonedroid told me I needed to get a crime number if I thought there was identity theft happening, and I explained that I had no idea what was happening, as they hadn't sent any details at all.

He couldn't understand.

I explained that I was not so simple as to blindly send money to a company I had never heard of, regarding a debt I was unaware of, to an organisation I had never heard of, unless they could provide proof.

*But...we have your name and address, what more proof do you want?*

I explained that I would require copies of all the agreements and transfer paperwork. He called me a *****ing idiot* if he thought I would get them, and hung up.

So today I am requesting the paperwork, and sending a £1 postal order.

 

The fun never ends. I am going to play this one out. It's better than TV :)

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Good luck!

I decided not to send a letter back in the end- I'm just going to ignore them. Have hecked my credit record and there is nothingunder my current address to suggest I owe anything to them so they can get lost! I'm still getting the letters, but they are pretty easy to not take seriously now :-)

Can't wait to see what response you get from them!

"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it's the only thing that ever has."- Margret Mead

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More fun and games :)

Yesterday I got a Standing Order form to fill out, for $47 a week!

Today they rang me to ask why I hadn't filled it out, and I explained I'd not bothered because I am not an idiot.

Phonedroid told me I needed to get a crime number if I thought there was identity theft happening, and I explained that I had no idea what was happening, as they hadn't sent any details at all.

He couldn't understand.

I explained that I was not so simple as to blindly send money to a company I had never heard of, regarding a debt I was unaware of, to an organisation I had never heard of, unless they could provide proof.

*But...we have your name and address, what more proof do you want?*

I explained that I would require copies of all the agreements and transfer paperwork. He called me a *****ing idiot* if he thought I would get them, and hung up.

So today I am requesting the paperwork, and sending a £1 postal order.

 

The fun never ends. I am going to play this one out. It's better than TV :)

 

I don't suppose that you recorded that conversation, did you? This sort of behavior is unacceptable and using language like that is likely to get this company in trouble but only if you have evidence of it. I would in any event, send them a letter of complaint and copy it to your local Trading Standards department.

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I don't suppose that you recorded that conversation, did you? This sort of behavior is unacceptable and using language like that is likely to get this company in trouble but only if you have evidence of it. I would in any event, send them a letter of complaint and copy it to your local Trading Standards department.

 

Sadly I didn't on this occasion, as they rang me, rather than the other way round :(

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More fun and games :)

Yesterday I got a Standing Order form to fill out, for $47 a week!

Today they rang me to ask why I hadn't filled it out, and I explained I'd not bothered because I am not an idiot.

Phonedroid told me I needed to get a crime number if I thought there was identity theft happening, and I explained that I had no idea what was happening, as they hadn't sent any details at all.

He couldn't understand.

I explained that I was not so simple as to blindly send money to a company I had never heard of, regarding a debt I was unaware of, to an organisation I had never heard of, unless they could provide proof.

*But...we have your name and address, what more proof do you want?*

I explained that I would require copies of all the agreements and transfer paperwork. He called me a *****ing idiot* if he thought I would get them, and hung up.

So today I am requesting the paperwork, and sending a £1 postal order.

 

The fun never ends. I am going to play this one out. It's better than TV :)

 

 

:eek: That is awful! You can do a DPA for a transcript of the telephone conversation and take it to Trading Standards can't you?

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:eek: That is awful! You can do a DPA for a transcript of the telephone conversation and take it to Trading Standards can't you?

 

I don't think they would dare record their own conversations. They are always abusive and misleading. Recording themselves would be the financial equivalent of shoothing themselves in the foot :)

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I don't think they would dare record their own conversations. They are always abusive and misleading. Recording themselves would be the financial equivalent of shoothing themselves in the foot :)

 

Your'e probably right, I've had some sh11ty DCA calls but never as bad as that, I'd have to find out where they are and wait for him outside! ;)

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You cannot re-start the clock on a debt by simply writing to the company. Especially if you state quite clearly, somewhere near the top of the letter, "I acknowledge no debt is owed to your company or your clients"

 

And never ever entertain these clowns on the phone unless you want some fun.

 

I called them a couple of months ago and wound them up something rotten. I asked them to confirm their address, telephone details and the name of the person I was dealing with. I refused to answer any questions until I was fully satisfied my security was not being comprimised.

 

I insisted on getting her full name. I then asked if the call was being recorded. I was told it was not. How will this conversation be noted I asked. There was no reply. I followed that up by stating that I was recording the conversation and that a copy would be available to Mackenzie Hall on request. That wound her up! She said, loudly, "I cannot authorise that, switch it off, now"

 

I refused and she went ballistic. Called me all sorts of names before hanging up.

 

Now I realise she was just a worker and nowhere near the top of the tree in this sham of a company but they should be made aware that they are dealing with real people and lying, cheating and bullying is not a way to get money from those they write to.

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My sister had mega problems with this lot a year or so ago, I won't go into details, suffice to say it wasn't anything to do with her :x

 

We got all her phone bills and made up a bill for them to pay, when they refused we hit them with a CCJ, but included costs for postage etc of return mail to them, plus a few hours wages at £12 an hour, plus of course the 8% interest:D

 

Total was just over £100, it paid for a family night out when she got the cheque:p

 

Strangely enough they haven't hassled her since:rolleyes:

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Nil Illigitimus Carborundum

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when they refused we hit them with a CCJ,

 

You took legal action! What a great idea. And you won! Even better. Did MH roll over as soon as they received the claim or did it go to court? Was the CCJ recorded? (ie they took more than 28 days to pay up). DJ, We really need more details on this, it could solve a lot of people's problems.

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It's been a while now and I don't remember the full particulars of the story, but I'm home in the UK next week and I'll try and dig out the paperwork, we still have them somwhere.

 

They didn't just roll over and cough up though, it actually went through the court and we won.

Nil Illigitimus Carborundum

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Thanks DJ. getting a judgenment against this company is great, it shows a judge thinks as little of them as we do. But a CCJ recorded against them is even better because a debt collecting company cannot have this against their name. They may have hidden it from the authorities up til now.

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Thanks DJ. getting a judgenment against this company is great, it shows a judge thinks as little of them as we do. But a CCJ recorded against them is even better because a debt collecting company cannot have this against their name. They may have hidden it from the authorities up til now.

 

thats what i was thinking when reading the posts, this would be so cool if can get it tracked back, Let the tiger out the bag i say.;)

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thats what i was thinking when reading the posts, this would be so cool if can get it tracked back, Let the tiger out the bag i say.;)

 

I've just checked and there's no publicly registered judgement against them. Did they pay it within a month of it being made?

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