Mackenzie hall

[Hawky]

Hi,

 

Had a letter today say the above named company are sanctioning a doorstep visit to my property for a debt from 1998. I have told them I dont know the company but they got very abusive on the phone........

 

Help!!!! what shall i tell the man who comes to the door????

 

I know what I'd like to do to him but as I am in a job where I need an enhanced CRB. Violence is not an option:D

[babybear39]

Send letters 4 and 18 from here:

 

The Consumer Forums - Debt collectors

 

Amend to suit, send recorded keeping a copy with your postal receipt, do not sign print your name and come back if you have any more queries

[dcakiller]

if you have not paid anything to them since 1998 then the debt is statute barred

[Hawky]

Thanks for that babybear.... Printed and will be on there way in the morning.

 

dcakiller I knew about the statute barred and I did tell them on the phone. Their reply was if this was the case they would not be sending me letters...... After that the not so nice scotts man hanged up.....

[dcakiller]

DO not beleve them it is statute barred after six years if you have not made a payment or writen admission of the debt. If this applys to you then send the jokers this

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

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

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other

Do not sigh letter

If they do not back off report them to oft and trading standards

[Hawky]

Thanks for that... Its similar to one Babybear39 linked me to...

 

It all helps in dealing with these pond life....

[Mr lex]

I'm glad to see your not so concerned about this now Hawky, thats the spirit !!

 

Well done BB and DCAkiller too, sound advice on the thread.

 

Lex

[NailPost]

Having told MHall to go away you must report the cretins to the OFT if they continue to call, write or visit. They have already had one slap by the OFT for misbehaviour and the more complaints the regulators get about the Kilmarnock Kowboys the better it will be for everybody.

 

As for their "sanctioning a doorstep visit" that's just bulls&*^&*. Doorstep visitors have no right of entry and if you don't want to talk to them you don't have to. If they don't leave when you ask them report them to the police. Use the non-emergency number and tell them a man/woman is on your property and you fear a breach of the peace could occur.

[Hawky]

Thanks NailPost how do I report them to OFT if needs be???

[dcakiller]

My local trading standards gave me a number to call. nailpost is right you must report them as they have been slaped for missleading people as to statute barred debts. Remeber it is up to mac hall to prove it is not staute barred and not up to you to prove that it is. Also once you tell them that you will not be paying due to the debt being sb they MUST STOP calling an d sending you letters.

[sam614]

The Office of Fair Trading: Complaints

[sam614]

also call consumer direct 08454 04 05 06

 

they take your complaint and pass it to your local TS and theirs

2 more black marks for their next slap:D

SAM:pLOWELL DETESTER

[PGH7447]

Hi,

 

Had a letter today say the above named company are sanctioning a doorstep visit to my property for a debt from 1998.

 

Sanctioning a doorstep visit, bit of a big word for muckyhall isnt it

[HFwho?]

Hi Hawky, great to see you're sound advice and very true. Your case is very very similar to mine lol. They're very good at putting the phone down mid conversation especially when they know they don't have a leg to stand on. My thread,

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/210999-mackenzie-hall.html

[diddydicky]

Having told MHall to go away you must report the cretins to the OFT if they continue to call, write or visit. They have already had one slap by the OFT for misbehaviour and the more complaints the regulators get about the Kilmarnock Kowboys the better it will be for everybody.

 

As for their "sanctioning a doorstep visit" that's just bulls&*^&*. Doorstep visitors have no right of entry and if you don't want to talk to them you don't have to. If they don't leave when you ask them report them to the police. Use the non-emergency number and tell them a man/woman is on your property and you fear a breach of the peace could occur.

 

and if a breach of the peace DOES occur perhaps by you (or perhaps your 16 stone rugby playing son) ejecting him from the premises after refusing a request to leave and using reasonable force as necessary yu can rest assured that any police offer attending WILL in order to prevent a further breach of the peace order HIM not to re attend at the property (having first taken all his pesonal details)

[HFwho?]

Im looking forward to my doorstep 'assessment', I don't think he will be arguing with me about it, im not exactly small at 18.5 stone and 6ft 4 lol

[NailPost]

The police officer could also arrest the "doorstep collector" and he could be charged with breach of the peace (actually it would be a summons) and if convicted by magistrates face a fine. More than likely he/she would get a conditional discharge which means the collector would have to behave for a period of up to two years. Repeating the "offence" would lead to a stiffer penalty. In other words make it impossible to work as a collector. Doorstep collectors are usually self-employed and depend on commission and they generally know the score - its a pity their bosses don't have the same vision.

[diddydicky]

Im looking forward to my doorstep 'assessment', I don't think he will be arguing with me about it, im not exactly small at 18.5 stone and 6ft 4 lol

 

then remember if he fails to leave your property (including to the boundary) when asked to do so then he becomes a tresspaser and you may eject him from the premises using whatever reasonable force is necessary!!

 

thumb and forefinger will probably be enough given your size!!

[rameses_qc]

One good story about a doorstep collector occurred near where I live. the alleged debtor (who in fact was not the person they were after) was visited by a very aggressive doorstep collector. The householder was , in fact well known around here as a bare knuckle boxer. The collection visitor, when he was released from hospital, decided to pursue another career. As there were several "witnesses" to the fact that the visitor had attempted to force his way into the genleman's home, the police took no further action

[dcakiller]

One good story about a doorstep collector occurred near where I live. the alleged debtor (who in fact was not the person they were after) was visited by a very aggressive doorstep collector. The householder was , in fact well known around here as a bare knuckle boxer. The collection visitor, when he was released from hospital, decided to pursue another career. As there were several "witnesses" to the fact that the visitor had attempted to force his way into the genleman's home, the police took no further action

 

ha ha ha bet he got a shock when he was picking up his teeth, he was probably used to bulling his way in to peoples homes. hope the nhs did not pay for his treatment.

[jb000]

I had 'dealings' with these clowns a few months ago.

 

Chasing me for a old M&S debt which Cabot bought. They sent me usual threatogram which I replyed with the SB letter.

 

They wrote to me again and I casually reminded them that they have been warned by the OFT for persuing debts that are Statute Barred and continuing to press for payment when told that I will not pay them a penny.

 

They soon went away.

[NailPost]

jb, I hope you have reported their "slip-up" to OFT. The more complaints about these people the better. I would bet they would explain it away by saying it was an "administrative error" but there's a limit to the numbner of times someone can get away with that old chestnut.

[jb000]

jb, I hope you have reported their "slip-up" to OFT. The more complaints about these people the better. I would bet they would explain it away by saying it was an "administrative error" but there's a limit to the numbner of times someone can get away with that old chestnut.

 

Yes I did, I was not letting them get away with it. Every nail in their coffin as they say.

[Hawky]

Thanks everyone for your replies.

Its good to know I am not the only one dealing with these -------.!!

 

Will keep you posted on what happens now I have blasted off my letters in Sat post... Recorded of course

 

Won't be able to scare the doorstep hooker as I am a lady BUT have a tounge that is very sharp according to my nearest and dearest.....

[sam614]

In the unlikely event that a muppet shows,

 

tongue lash em to your full extent,would suggest any phrase ending with off my property;)

 

SAM