Notice before proceedings but Debt is not mine

[darkobird]

Hi

Last year I received a letter from Mackenzie Hall stating that I owed £750 for a Barclays Credit Card (I had one credit card in the past which was fully paid and was Capital One not Barclays)

 

I rang the company and asked for a true copy of the alleged agreement, they told me they did not have to do this. Therefore I sent them a letter on 28th May 2008 stating that under the Consumer Credit Act 1974 they had to supply me with a copy of the agreement within 30 days or If they fail to validate the debt within this period, then I am no longer liable to pay the debt.

 

They replied two weeks later saying that they were trying to loacte my agreement.That was the last I heard of them until 18th June 2009 which was a letter from another company called Ruthbridge Limited saying I now owed £832.65.

I never kept the recorded delivery reciept from last year to prove that I sent the letter nor do I still have there letter saying that they were looking for the agreement.What can I do ?

 

[i do not have the recorded delivery slip to say that I sent the letter a year ago so what can they actually do ??

Edited June 21, 2009 by darkobird

[mr.ton]

Report the Muck Hall clowns to the OFT & trading standards.

Stop speaking to them on the phone & refuse to answer security questions if they ring you.

[cerberusalert]

 

Make a complaint to your local trading standards & the OFT with regards to their harassment and threats, they are in clear breach of OFT guidelines & CPUT, MacKenzie Hall are already under warning for this ;

 

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

[email protected]

 

 

tel: 020 7211 5823

 

The Office of Fair Trading: Debt collection practices

 

http://oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

[darkobird]

Hi, thanks for that.

the OFT complaint form says its only for advice agencies and third parties, can i still use this ?

 

Also, shall I send a letter to Ruthbridge requesting the credit agreement ?

[cerberusalert]

Yes still use it.

Also, shall I send a letter to Ruthbridge requesting the credit agreement ?

Yes send this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

[darkobird]

i also forgot to add that the client name on the letter is Cabot Financial Europe Limited

[WelshMam2009]

Here's the link to the OFT's decision...

 

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

[darkobird]

Hi,

 

 

I sent the letter requesting the agreement on 30.06.09 recorded delivery and have yet to get a reply.How long do they have to reply ?and what do I do now as I need this removing off my credit report ?

[cerberusalert]

Make a complaint to the ICO https://www.ico.gov.uk/Global/contact_us.aspx MH have a duty to ensure any data they register at a CRA is correct.

[darkobird]

ok thanks, but how long do they have before they need to reply ?is it 12 days ?if so, is that working days ?

[cerberusalert]

They have 12 working days from receipt of your request, but you are in an odd position. Normally after that period payment can be legally be witheld until an enforceable CCA is provided, but as it's not your debt you're not making payments anyway.