CCJ: Mackenzie Hall Again Please help!

[boudicca]

I'm paying Mackenzie hall for year now but I'm confused by all this alleged unhand tactics they might have got me to start paying without owning the debt. (which went off the the 6 year point year before last)

 

I have challenged them over the phone, but they are insistant they own the debt and refuse to prove they have it.

 

I asked for a statement of account, which they promised to send which I haven't recieved yet and its now over a week.

 

Basically every month Im paying a SO for £25 and then they send a letter stating the current Balance owned and an offer of final payment but is it all geninue or not.

 

My fear is they don't own the debt and I paying for nothing but if I don't pay they will CCJ me etc. What do I do now.

 

Please help.

 

Shaz

[Ellie968]

Shaz - do you have any idea what the debt was for? They should tell you whom the original lender was. For clarification "the six year point" only applies of the creditor or their agent has not attempted to collect the debt within the six year period - otherwise they do not lose their right to collect at the end of six years. If you are not sure what the debt is for I would suggest you insist on this information before you make any further payments.

Ellie

[rdm2006]

ask them if they know the words DATA PROTECTION and SUBJECT ACCESS REQUEST if they say that they do not know these words ask them if they know the words INFORMATION COMMISIONER for failing to comply with the law on SAR's

 

ask for the information on a SAR costs £10.00

hope this helps

[boudicca]

Shaz - do you have any idea what the debt was for?

Ellie

 

Yes, it a Bank Loan and CCJ I defaulted on back in 1998 and it quotes the name on the search as 1st Credit Ltd.

 

>only applies of the creditor or their agent has not attempted to collect the debt within the six year period

 

I did run away from the debt so I don't know if they did.

 

So basically the debt is genuine, but do Mackenzie Hall have the rights to collect it. How do I get them or even 1st Credit who haven't replied to my emails either to say "here" is proof we have the debt and once paid it is clear.

 

All I have ever had is letters stating 1st Credit Ltd , Outstanding Balance Pay now or else, and now letters. say our customer is happy but pay it all and get a discount.

 

I've never had a letter that says, pay this and your 1st credit debt is clear or this is how much you payed and how much to go, even this monthly letter to pay it all in one go, don't actually state that Im paying the 1st credit ltd debt. its implied but doesn't state it.

[Guest Zooman]

If the creditor has been to court and there is a County Court Judgment outstanding, then you cannot use the Limitation Act to dispute you owe the debt. It does not matter how many years ago the creditor went to court, the County Court Judgment will still exist. However, the creditor may not be able to enforce the Judgment without the court's permission if the Judgment (NOT DEBT) is over six years old.

[boudicca]

then you cannot use the Limitation Act to dispute you owe the debt.

 

I don't want to dispute it, I want to pay it....I can afford it these days but my concern raised by others posts on this forum, in that Mackenzie Hall may not be genuine and I'm being "conned" and they have no intention of clearing the debt and pocketting the cash. How do I know, how do I prove its all above board and legitimate. Can just anyone can get details of a CCJ off my file and send me demand letters for debts they don't actually own.

[Guest Zooman]

Write to the claimant with case number and as ask for a statement of the account no need for any DPA requests they have a duty of care since it is a CCJ.

 

 

Dear Sir/Madam,

Re: Claim # xxxxxxx in the xxxxx county courts 1998.

 

I would like you to forward a statement of payments towards the above CCJ I have made both to yourselves and your collection agancy Mackenzie Hall please also include the balance owing.

 

I would be grateful if you could forward this within 14 days for I can put my affairs in order.

 

I look forward to your reply and if you should need any further information do not hesitate to contact me on 01234 123456.

 

Yors faithfully,

 

[MARTIN3030]

You may find this interesting

 

Code Of Practice

 

 

They are registered as mambers here.

Look at the codes of conduct laid down for its members.

 

You should make McKenzie Hall aware that you will make a formal complaint to these.

Before you do that,you will need to show that you have tried to resolve issues with them first.

[Guest Zooman]

don't get their back up they can make your life hell. They have a Judgment and there is all sorts they can do if you push them. You have to play ball and ask nicely for things they know their responsabilites.

[Ellie968]

Selling debts is common practice in the debt industry and is increasing - there is nothing sinsister in you recieving a letter from an agency you have never heard of - whether you chose to make payments to them is of course another matter...

[Guest Zooman]

Lets not forget this is a CCJ and if you do stop paying for any reason they may apply for a bailiffs warrant amongst other things and it will all cost money.

[The Iron Lady]

Hi Shaz, with experience of Mackenzie Hall I'd cancel the standing order. Ask Mack Hall for a deed of assignment (ie proof of their right to collect). Ask for a statement showing monies paid. Write - don't phone. When writing say that you will only deal with them in writing. Mack Hall staff are very good at verbal abuse but they're not so hot on putting things in writing.

 

 

 

I'm paying Mackenzie hall for year now but I'm confused by all this alleged unhand tactics they might have got me to start paying without owning the debt. (which went off the the 6 year point year before last)

 

I have challenged them over the phone, but they are insistant they own the debt and refuse to prove they have it.

 

I asked for a statement of account, which they promised to send which I haven't recieved yet and its now over a week.

 

Basically every month Im paying a SO for £25 and then they send a letter stating the current Balance owned and an offer of final payment but is it all geninue or not.

 

My fear is they don't own the debt and I paying for nothing but if I don't pay they will CCJ me etc. What do I do now.

 

Please help.

 

Shaz

[phunkeymonkeh]

IronLady,

 

As Zooman has stated, none of that matters at this stage.

Once a Judgement has been obtained its irrelevant.

 

Just ask them for a statement as Zooman has advised.

 

Not paying it will ultimately result in bailiffs attending, and adding enforcement costs. Not to mention warrant exection costs from the court itself.

 

I had a CCJ registered against me by Smile. I made an offer of settlement for

40% less than i owed and they have accepted it. I was fortunate but Id be willing to guess MH would offer you a reduced rate if you are in the position of making a lump payment.

 

Get a statement and see if you can afford and come to a settlement figure with MH.

 

If you do decide to offer a settlement.

I initially offered £800 on a £1600 debt. They refused stating that they wanted £1100. I wrote back upping my offer to £950 and stated that if they didnt accept that i would have no alternative than to continue installments.

They accepted £950.

[jimfishybob]

The court has already deemed that MH have the right to collect this debt or else they wouldn't have obtained a CCJ.

 

Please listen to Zooman. They are under no obligation to prove ANYTHING to you, they have already proved it to a judge, or you allowed them default judgment by failing to show up to the hearing. All the CCA 1974 & deed of assignment stuff is pointless. It will neither prove nor disprove anything. If they choose to send it, all you will have is a couple of pieces of paper that cost you a quid.

[NailPost]

Some good advice here and some conflicting advice - especially where MHall are concerned.

 

Lets be clear on one thing. If the hearing was over six years ago MHall did not take you to court - they were only created in September 2003. If they were writing to me I would require them to provide all manner of proof they are entitled to chase me for a debt which the original creditor appears to have given up on.

[babybear39]

Wish I'd found this site when LTSB got a CCJ on a credit card debt...Was too ill to deal with it.

 

Can I claim any unfair charges as I suspect about a third (or more) of the debt is charges, even after they knew my circumstances and refused to come to any repayment agreement or freeze interest on the account?

 

Any advice most welcome

 

BB

[Curlyben]

Yes of course you can.

Just follow the usual routes for reclaiming.

You may also be able to have the CCJ set aside due to the added charges as the amount of the judgement is incorrect.

 

There's advice on this type of action dotted about the site.

[babybear39]

Thanks for your prompt reply CB

 

I'll get my head round to it once I've got the DCAs under control lol...

 

CCJ payment is set at £1 a month now so not such a headache just thought I'd ask

[babybear39]

Had a rather interesting and upseting letter from SC&M re: CCJ yesterday. The usual c**p about taking everything I have...

 

I called them and asked them to call me back as I was not prepared to pay anymore for this absolute ridiculous series of events...

 

Spoke to a 'lovely' woman who was hostile in the least as soon as I reminded her I was made bankrupt on 1st November 2007.

 

I had to give her all the court ad OR details as they seemingly weren't aware of the fact

 

Personally, I'm affraid that this was yet another underhand tactic to harass and intimidate me.

 

SC&M have been contacted by the OR regarding the above, and the woman that I spoke to said she wasn't aware of my disabilities and longterm illnesses....Absolute BS!!! They've known all along and questioned me in a manner that the Spanish Inquisition would be proud of

 

Back to TS and the OR I think with this

[s j 37]

Hello to you all still having problems with mackenzie hall yesterdays post came you guest it another letter from those EDIT saying please pay the full amount within 7 days of this letter i have been advised to keep all letters by the financial ombudsman they tell me since i made a complaint mackenzie hall has 8 weeks to comply and provide edvidence about my case to me the letter i got looks like [problem] but i will keep you lot informed throughout this 8 weeks.

Edited December 4, 2008 by freakyleaky
Innapropriate remarks removed

[roadkill]

I had a student loan for 450 pounds in 1997 it is now over 900 pounds . I stayed at a different address when i took out this loan. When i moved i forgot to tell them i had moved and as a result i never got the deferment letter. So as result i defaulted on the deferment as they were sending the letters to the wrong place The next thing i knew about it i was in court having a CCJ applied against me i told them i would pay them back at 5 pounds a week which they promptly refused. I told them that i am on Incap benefit after an accident at work and that any more would put me in severe financial difficulty. They were trying to get 20 pounds or more a week. When i refused they left it at that so now i have a ccj and a mounting debt that they will not let me pay off because i cannot give them 20 pounds a week off 59 pounds i recieve for INCAP benefit. I have tried to reason with them on the phone but they want play ball. No-one will give me credit because of this it is the only debt i have and it,s hamstringing me:confused:

[babybear39]

Spoke to the OR yesterday and it was confirmed that SC&M were indeed notified of my bankruptcy in mid December 2007, as were LTSB:mad:

 

The OR then contacted them and called me back to advise they have said they will stop contacting me.

 

Apparently, this is common even after a bankruptcy order has been made and creditors notified, in that solicitors and DCAs still write hoping to get payment from vulnerable people

 

I then called SC&M asking if the call was recorded and for their complaints procedure. Was told that all calls were recorded and that I have to write in and complain at which time the call wil be listened too and my complaint considered

 

Are they legally obliged to provide me with a copy of the call as it's now part of a formal complaint?

 

Their actions were so distressing it's made me as ill as I was last summer

 

I'm considering suing them for harassmentand whatever else, but need a copy of the call in order to do this...Any ideas folks please

[lightattheend]

I'd be interested to know whether McKenzie Hall can actually send in bailiffs, or do anything else in regard to this old CCJ. Even if they have bought the debt from First Credit, surely that doesn't mean they 'own' the Judgment as well? I thought a Judgment could only be pursued by the organisation named as the Claimant in the proceedings. Don't they have to start a totally new action of their own, with themselves as Claimant? Maybe I've got this wrong but I don't think so.

[lunagirl]

Hi

 

From what I gather, even if they do send baliffs in, you are well within your rights to send them packing. The advice I've read is to ask them to leave and if they don't, to phone the police and tell them you're doing so. I just wouldn't open the door - I've seen that advice given too. I'm sure someone more informed than me can give you more accurate advice if what I say is not quite correct. I think a lot depends on whether there is an outstanding CCJ. Even if there is a CCJ, they would have to go through a procedure to enforce it which is quite complicated I gather - and not easy to do. Again, someone on the forum could give you more info on this.

 

Mind you, SLC told me that they had obtained a CCJ on me in 2001 regarding my student loan but they were lying! Mack Hall have been pursuing me since October last year regarding the loan which is from 1996. Having not heard from SLC for over six years, it is now statute barred but Mack Crap have been phoning, sending me letters etc and I think, hoping I will weaken because of the constant onslaught. Not a chance. I will just continue to keep putting the phone down on them, in fact, I'm thinking next time they phone, I will just leave the phone off the hook for a time.

 

They even phoned Christmas Eve hoping to catch me anawares and my partner did become annoyed on that particular occasion but then put the phone down on the guy anyway. He phoned back right away and left a message - I think they like any kind of response because they feel they're getting somewhere and they can get abusive too then. They love the confrontational stuff but I won't give them the satisfaction and as I say, I just put the phone down and ignore any threatening letters as I have been advised to do by the wonderfully informed and helpful folk on this forum.

 

Their latest letter (last week) warned that their 'field collectors' (baliffs) would be visiting me within seven days if I didn't contact them - oh the suspense....... they're an insult to my intelligence. They really are quite inconsequential little plebs with inconseqential lives who can only bully vulnerable people over the phone, how big and tough are they? They are the saddest and lowest form of humanity and I will never give them the satisfaction of any kind of response from me.

 

I really feel for the people they have bullied and frightened and who have been affected by their behaviour. Well, here's one who's not frightened of them; bring it on Mac Crap!

 

Best wishes

Lunagirl:)

[gibby150]

hi i had a message on my macchine today to phone them asap .. i have moved house 3 times in 5 years .. i just got a bank loan and a new mortgage there so it can`t be that serious .. i can`t think of any debt i may have ... thanks