Mackenzie Hall Offering Payment Plan -any Adice? :)

[MRSWESTHAM]

Hi again guys

 

Got a letter today from Mackezie hall regarding a £76.82 bill their "client" Lowell has asked them to recover.

 

They have apprently written to me on "numerous" occasions and to avoid further action I must send back £10.00 and a standing order mandate to pay £10 a month.

 

This is a really old debt but I cant remeber f I have spoken to someone about in the last six years.

 

Do you think I should send a request for ruther deatails etc?

 

Thanks in advance

[TonyFedUp]

Whatever you do do not acknowledge the debt.... check to see when this debt was accrued, if over 6 years they cannot pursue it anyway, if less than 6 and you acknowledge it then they can.

[MRSWESTHAM]

do i ring and ask or shall I write a cca letter?

 

thanks

 

[PGH7447]

send them this

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

[lenny100]

cca letter

never ring any dca

[MRSWESTHAM]

thanks for the letter above,however I do know about debt will I not get in trouble for lying ?!

[PGH7447]

what is the alledge debt in referenc to? a CCA may not be any use, you may need to send a sar.

 

The reason I said send the one above is that you stated you could not remember when you last had any activity on it, in my eyes that is reason enough

[MRSWESTHAM]

it is for barclays bank:)

[PGH7447]

Loan, overdraft, credit card?

 

if credit card then cca

if loan then cca

if overdraft then sar

[42man]

If the debt is over 6 years old and you have not made a payment towards it or acknowledged it then if it was me i'd send this letter here (NOTE Scotland is 5 years for statute barring and requires a different letter) - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred (send this recorded delivery)

Once you state that you have no intention of paying towards a debt that is barred by statute, they CANNOT continue to harrass you, if they do please let us know.....once you send the letter above, you shouldn't hear again !! - have a read of this - The Office of Fair Trading: OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts - in the meantime I will move this thread to the debt collection forum...

[MRSWESTHAM]

thank you to be honest Iam not even sure what it is for ? I dont recall having an overdraft on it but think it might of been charges after I had emptied the account! Have send a CCA then at least they cant say Im ignoring them- then am i right in thinking I wait for a respnse from them *Thanks guys*

[PGH7447]

a cca is no use if it is a cuurent account

[MRSWESTHAM]

Pretty Sure It Was Just A Normal Savingsaccount And That There Charges Made Me Go Over Drawn

[PGH7447]

send the letter in post 4 make them prove a debt exists

[MRSWESTHAM]

thank you but had jumped the gun and sent the cca ! will wait to see what they reply to that with, sorry am a bit over eager lol x

[NailPost]

Mhall rarely have any documents let alone an enforcebale credit agreement. That won't stop them chasing though. Once they are in default of your CCa you can safely ignore them although that's the time to make a complaint to the OFT about their behaviour.

[MRSWESTHAM]

to be honest at the moment all i have received is a letter so will wait and see what their next course of action is !

[deathbycrayons]

No you will not get in trouble for 'lying' as if you genuinly think that the debt might be statute barred, you have to dispute any 'knowledge' of the debt. So, basically, by sending the letter in post 4 (and please do send this as it will probably scare them off) you are merely asking them to prove the debt is enforceable.

[MRSWESTHAM]

Ok Thank You For Your Advice

[Ell-enn]

Did you send your letter by recorded delivery? MacHall have a habit of "not receiving" ordinary letters

[MRSWESTHAM]

yes I have had that experience with westcott to who me it hadnt been receieved then i said oh well the recorded delivery number id is ***** and suddenly they found it ! Thank you x