Mackenzie Hall. Do any of you know of them?

[JGJ]

Another Mack Hall special received 18th Sep.

 

1) I have absolutely NO knowledge of the Pursuers.

 

2) Absolutely NO knowledge of the Original Creditor.

 

3) Absolutely NO knowledge of the amount (Principal Sum) which is well under £200.

 

The first letter received re this ALLEGED debt is on Post #485

 

Comments will be gratefully received.

 

 

[mr.ton]

Have you sent the bemused letter?

[enoughisenough]

LOL

 

Payment Deadline NOON 22nd September 2009. Idiots. Can we get them on the laws governing aggressive begging?

 

Send them a copy of this along with your get lost letter.

 

The Office of Fair Trading: OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts

 

PS DONT FORGET NOT TO SIGN YOUR GET LOST LETTER. Alternatively you may adopt the advice of others which is to ignore it altogether.

 

Just thinking that they have provided as SMS number. Could a techie post a way of sending them the above link by sms.Is it as simple as typing the URL? Dont'f forget to hide id first before sending. Now if each of us did this individually of course and only once that is not frequent or persistent and therefore does not constitute harassment.

 

he he....!

[mr.ton]

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

ACCOUNT IN DISPUTE

 

I must admit that I am rather bemused as to why this account has been passed to yourselves & have no knowledge of this debt whatsoever.

Consequentially any legal action you pursue will be averred as both unlawful & vexatious.

If you choose to ignore my dispute, i will initiate legal action & file reports with the appropriate authorities, including, but not limited to, The Police, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service & possible court action.

I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

Furthermore, should it be 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 English 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 & action will be taken, including but not limited to, police attendance.

I trust i make my position clear.

 

Yours faithfully

 

PRINT NAME DO NOT SIGN

[enoughisenough]

Send the OFT a copy of the letter they sent you and write a short covering letter saying you believe that they are in breach of the recently imposed conditions placed on them by the OFT.

[InformedSearcher]

One should also be aware that DCA's use tactics to 'entice you to reveal details'. In other words they might want to track someone so sending a letter as such would probably have the preson receiving it calling them back. They can then (hopefully to them) extract information they require.

They are probably doing auditions for the next James Bond film - sorry could not resisit.

 

Michael

[JGJ]

Thank you all for the rapid response and excellent advice. I have the letters ready and waiting to be sent Mon. NOW with the inclusion of the Letter from the O.F.T.

Requirements IMPOSED Relating to MACKENZIE HALL LIMITED, by the Office Of Fair Trading Pursuant to Sec.33A and Section 33 D(4) of the Consumer Credit Act 1974 (the Act)

 

 

 

"EXEMPLO DUCEMUS"

Edited September 19, 2009 by JGJ
INC. OF TEXT

[JGJ]

Does anyone have the correct postal address for the OFT and the whereabouts of their official complaints form re DCAs. For some reason I cannot find either.

 

"EXEMPLO DUCEMUS"

[InformedSearcher]

Does anyone have the correct postal address for the OFT and the whereabouts of their official complaints form re DCAs. For some reason I cannot find either.

 

"EXEMPLO DUCEMUS"

 

 

This might be useful:

The Office of Fair Trading: Complaints

Michael

[enoughisenough]

The oft will not deal with individual complaints. however you can notify them of your concern that company x is acting in such a fashion for their records. They will push you on to the fos but before you can do so you must have a final response letter from our friends. since they studiously avoid using that word you must argue that the nature of their response implies final.

[InformedSearcher]

I just realised it's really the ICO that you need!

Information Commissioner's Office - ICO

That's who I used anyhow. As MH tend to 'test' to the edge every type of law exisiting it's wise to keep an eye on them. What surprises me is they are a company who never seem to learn.

Michael

[whibbs]

I'd agree 100% of the good advice. When in duspute ALWAYS have things in writing and if you don't agree DO NOT CALL THEM but reply in writing ensuring from now on you get a 'signed for' thing from the Post Office (75p extra I think). If you are going to speak on the phone record everything too!

You need also to know how they are going to handle what will be a default on your CRA files - I'd get the files first. Without the default notices being removed it does not give that much incentive for you to pay. Otherwise it's 6 years of the equivelent of a CCJ!

Michael

I wrote the letters suggested dated 7th Sept 2009.

Black horse have not replied.

Mack hall pestered a while by phone and gave up.

Today 12th Oct 2009 I have some developments for your help !!!!

Letter form Mack Hall dated 10th July !!!!!

They refer back to client for CCA 1974 and give 40 days hold. Do they have a tardis?

Letter from Scotcall dated 6th October - collection notice.

debt o/s.

You owe £10559.69 (only borrowed £8k and repaid over 2 years. realistic offer immediately please.

What is going on and what do I do now ?

[whibbs]

I wrote the letters suggested dated 7th Sept 2009.

Black horse have not replied.

Mack hall pestered a while by phone and gave up.

Today 12th Oct 2009 I have some developments for your help !!!!

Letter form Mack Hall dated 10th July !!!!!

They refer back to client for CCA 1974 and give 40 days hold. Do they have a tardis?

Letter from Scotcall dated 6th October - collection notice.

debt o/s.

You owe £10559.69 (only borrowed £8k and repaid over 2 years. realistic offer immediately please.

What is going on and what do I do now ?

I am very worried

[s j 37]

To. everyone having problems with Mackenzie hall Just to tell you folks these misfit whackheads are in cahoots with 1st credit Reigate surrey If one wishes is to shread the letters of keep them as edvidence But my partner has found out as she work in I.T try I.CD IN DUBIN OR DUN & BRADSHEET they hold everyones data from residental to business details Please let me know if you get anywhere with this information GOOD LUCK.

[whibbs]

Good afternoon,

 

I think I would write to Black Horse and ask why they did not respond. Secondly I would want to know why they sent the account to Mac Hall. Did you receive notice of assignment? Finally I would write to Mac Hall, and the letter should be:

 

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with **original creditor/DCA** and has been since DATE .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

Hope this helps - BEWARE OF MAC HALL THEY ARE VERY DEVIOUS - But they are also a toothless tiger!!

 

Kind regards

 

Dougal

I wrote the letters suggested dated 7th Sept 2009.

Black horse have not replied.

Mack hall pestered a while by phone and gave up.

Today 12th Oct 2009 I have some developments for your help !!!!

Letter form Mack Hall dated 10th July !!!!!

They refer back to client for CCA 1974 and give 40 days hold. Do they have a tardis?

Letter from Scotcall dated 6th October - collection notice.

debt o/s.

You owe £10559.69 (only borrowed £8k and repaid over 2 years. realistic offer immediately please.

What is going on and what do I do now ?

[whibbs]

I wrote the letters suggested dated 7th Sept 2009.

Black horse have not replied.

Mack hall pestered a while by phone and gave up.

Today 12th Oct 2009 I have some developments for your help !!!!

Letter form Mack Hall dated 10th July !!!!!

They refer back to client for CCA 1974 and give 40 days hold. Do they have a tardis?

Letter from Scotcall dated 6th October - collection notice.

debt o/s.

You owe £10559.69 (only borrowed £8k and repaid over 2 years. realistic offer immediately please.

What is going on and what do I do now ?

[Dougal16T]

I wrote the letters suggested dated 7th Sept 2009.

Black horse have not replied.

Mack hall pestered a while by phone and gave up.

Today 12th Oct 2009 I have some developments for your help !!!!

Letter form Mack Hall dated 10th July !!!!!

They refer back to client for CCA 1974 and give 40 days hold. Do they have a tardis?

Letter from Scotcall dated 6th October - collection notice.

debt o/s.

You owe £10559.69 (only borrowed £8k and repaid over 2 years. realistic offer immediately please.

What is going on and what do I do now ?

 

Good morning

 

I would write back and say this:

 

The account to which you refer was settled in ful (insert date). Any further correspondence or otherwise from you will be treated as an offence under the Fraud Act 2006. I set out the section below:

 

2 Fraud by false representation

(1) A person is in breach of this section if he—

(a) dishonestly makes a false representation, and

(b) intends, by making the representation—

B

 

2

Fraud Act 2006 (c. 35)

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

(2) A representation is false if—

(a) it is untrue or misleading, and

(b) the person making it knows that it is, or might be, untrue or misleading.

(3) “Representation” means any representation as to fact or law, including a

representation as to the state of mind of—

(a) the person making the representation, or

(b) any other person.

(4) A representation may be express or implied.

(5) For the purposes of this section a representation may be regarded as 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).

 

A person who is guilty of fraud is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).

It must be noted that this offence is committed :

(a) by the Company, and

(b) by the signatory (person sending) the offending letter.

 

This is in accordance with the vicarious liability legislation and stems from Green - v - Burnett 1952, [and others as superceded.]

 

There will be no further contact from myself and the next contact you will receive if you choose to ignore the above will be a visit from the Police.

 

Yours faithfully

 

 

 

REMEMBER - DO NOT SIGN THIS LETTER WITH YOUR USUAL SIGNATURE

Hope this helps.

 

Best wishes to all

 

Dougal

[s j 37]

Good morning. People I keep telling you these misfits are pfishing They are getting old information and trying to get people to pay them DO NOT ENTERTAIN THESE WHACKHEADS.

[JGJ]

Dougal16T,

 

Top post as per, I completely agree with you and your attitude towards these Wan***s.

Dare I say top "JOB" post, your avatar needs updating to something more "sedate" than the ferocious west highland, to maybe a nice cuddly "TIGER"

 

 

"EXEMPLO DUCEMUS"

[InformedSearcher]

Dougal16T,

 

Top post as per, I completely agree with you and your attitude towards these Wan***s.

Dare I say top "JOB" post, your avatar needs updating to something more "sedate" than the ferocious west highland, to maybe a nice cuddly "TIGER"

 

 

"EXEMPLO DUCEMUS"

 

Sorry off topic - I was thinking Kimodo Dragon for the new avitar - in fact I should get one with one of them on it.

 

'Dougal16T' - Think they'll lift the 'stay' that I spotted on your post? I'll bet the stay will remain otherwise you'll have won (and they cannot allow that). LOL

 

Michael

[Thelittlebigguy]

I have come across these guys today following a text asking me to call them and quote etc.

 

I recognised the kind of text as it was similar to one that 'Red' and 'lowell' sent out previously.

 

However I called them anyway (unfortunately before I had googled their name, but after looking up their website and thinking it was some kind of recruitment agency - must have caught me on a bad day)

 

the girl was asking me to confirm some personal details, which I refused to do, stating I had no idea who they were. She said I had an account with them which I pointed out was impossible as I'd never even heard of them. I asked her if she would give out personal info to someone over the phone she's never heard of before, and she said she was ending the call because I was being difficult.

 

This is the same thing Red and Lowell did (all 3 are for the same debt which I have no recollection of) and Lowell even offered me a settlement figure by post which I agreed to pay, only to be told that offer was withdrawn.

 

It just makes me laugh how they continue to threaten and bully people and all I can say is thank Fck for the Internet!

 

I was wondering if anyone has a list of numbers for them. I have the number they texted me with and if I have more, I have more than enough time on my hands to keep all their phonelines busy for a few weeks.

[vincentcalhoun]

I've been sent a letter from mackenzie hall, for a debt which I know is statute barred, its been almost 8 yrs since I've had any contact whatsoever with any of my creditors, and nobody has taken court action against me for all of that time. They list a client they are pursuing the debt for 'Cabot Financial Europe' and an original creditor 'Morley', neither of which I have ever heard of. I assume they wouldnt have my original signed credit agreement, as the debt has been sold on about a dozen times or more. It's a totally unenforceable debt.

 

What worries me is it threatens me with a 'doorstep assessment' within the next 10 days, which involves people from their company 'meritforce' coming round. Im staying with other people who I dont want to be bothered and hassled by debt collectors, and I must admit the prospect has me a little anxious. Has anyone had experience of this type of letter? Did they send people round?

 

I am unemployed, I qualify for legal help and assistance, and legal aid if need be. I am planning to go to a solicitors' firm on Monday and get a consultation, and hopefully get them to send a letter telling them to get stuffed (in legal terms of course). Should I do this? Or am I worrying over nothing about them sending people round? Their 'meritforce' website does seem to advertise hiring self-employed debt collectors, so I suppose they do have people available to come round and hassle me and the people I live with, right?

 

What should I do: Get some of my own solicitors involved, or just ignore the letter?

[Conniff]

You can write saying send the details and I will consider it. No further correspondence will be entered into until proof of any non statute barred debt is received.

Then ignore anything further.

 

Of course you don't even have to write at all as there is nothing at all they can do. Remember that anything they send you is just intimidation in the hope you will give them some free money. They know it's statute barred, but they still try their luck.

 

I wouldn't consult a solicitor as he will charge you monies you don't have to pay for any letters he might write on your behalf.

[InformedSearcher]

You can write saying send the details and I will consider it. No further correspondence will be entered into until proof of any non statute barred debt is received.

Then ignore anything further.

 

Of course you don't even have to write at all as there is nothing at all they can do. Remember that anything they send you is just intimidation in the hope you will give them some free money. They know it's statute barred, but they still try their luck.

 

I wouldn't consult a solicitor as he will charge you monies you don't have to pay for any letters he might write on your behalf.

 

 

100% agree with you! These DCA's like MH and Clarity plus a few others use initimidation to make you feel uneasy/scared. Never be afraid of them and challenge everything they do. They also often blatantly lie regarding what they can/cannot do and what can happen.

 

Michael

[F_DCAs]

MH are eunuchs. All shout, but there's nothing contained. And that's why they shout.