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    • This is more than helpful. Thank you so much. I will get the cca done tomorrow and post the reply from them for what to do next. Thank you all again. 
    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
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metallicahead

Mackenzie Hall Harrassing!!!

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Hello everyone im new to these forums and am in need of some serious help regarding mackenzie hall. i received a letter from them saying i owed them £~~~~.++ and i had to make the payment immediately. I could not work out where this had come from so i rang them to which they told me it was a 1st credit limited account and my last payment was in 2006 which i do not remember at all. I have searched my paperwork from years ago and cannot find anything to do with this company. so i rang them and thay said they would only accept a full balance offer which i was not able to pay. the guy was very very rude and would not help yet a few days later i receive a letter wanting x amount of pounds a month so over a week passed i rang them to meet the deal they offered which they now say that because i never replied to within a week the deal is of and they want money paid in full or in 2 bit payment by the end of a certain month. im now getting worried is there anyone that can help me? what should i do cause after reading this website it seems like their conning money out of me??? any help would be grateful

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

Insist everything must be in writing only.

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does anyone have any suggestions as to what i should do till i can contact the officer of fair trading?

 

Thanks mr.ton for that

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Yes... until then,tell them to get stuffed.

They have no legal authority to money off you whatsoever - only a county court does.

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Hi metallicahead.

 

1st Credit is a DCA. So, as usual, they are playing pass the parcel with you.

 

First off - no phone contact whatsoever. You must send the "telephone harassment" and "prove it" / cca letters to them.

 

Only deal in writing (recorded), they like to use the phone so they can bully/lie/cheat/beg.

 

good luck!

 

T2

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Yes, just ignore them. A 1st Credit Limited account?? There is no such thing. Report them as advised to the OFT and tell them to Foxtrot Oscar.

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Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

PRINT NAME DO NOT SIGN

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If they do ring you again just keep repeating 'everything in writing' 'everything in writing', you can either wait until they ask you a question, and that will be your reply, or, just say it continually without letting the threat monkey get a word in and he put's the phone down!:D


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Its not so much that they have been ringing me its that they send me letters and threaten me with allsorts of stuff including taking my stuff. many thanks to everyone who is leaving messages for me i really appreciate it.

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Its not so much that they have been ringing me its that they send me letters and threaten me with allsorts of stuff including taking my stuff. many thanks to everyone who is leaving messages for me i really appreciate it.

 

Well give me your address and I'll send you a letter threatening to take your stuff if you don't pay me £5,000 by friday!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi there, the first thing you need to do is to establish if they have the right to collect the money and also who you originally owed it to.

 

Send them a CCA request (to get a copy of the original agreement they say you owe money for). It's letter N here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

You need a £1.00 postal order to send with the letter. On the back of the postal order you need to write "Fee for CCA request only - not to be used as payment".

 

Take a photocopy of both the back and front of the postal order and affix to the CCA request, keep a copy of the letter too. Send by recorded delivery and check on the royalmail website a few days after posting to print off the signature receipt. Keep all together in a safe place.

 

Do not ring them and do not agree to pay anything - when (if) you receive a response to the above letter, let us know and we'll advise further.

 

Anything you send to MH has to be by recorded delivery, otherwise they will simply ignore and say they didn't get it!

 

Ell-enn


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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Its not so much that they have been ringing me its that they send me letters and threaten me with allsorts of stuff including taking my stuff. many thanks to everyone who is leaving messages for me i really appreciate it.

 

Typical Muck Hall hot air :rolleyes:

Theres more chance of Lord Lucan turning up to take your stuff than anyone from these clowns.

They would have less rights than the milkman & could simply be told to go away.

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I get ya Bazooka boo. They have just got me to the point im getting worried and feel bullied.

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My point being, is that they have as much legal right to take your stuff as I do.

 

Debt collection agencies, (DCA's) have no 'legal' right to take anything, however much they want you to believe they do, they are just empty threats, designed to intimidate and exploit your lack of knowledge, and therefore get you to pay!

 

Only a court, and the judge has any right to take your posessions, "which will not happen" A DCA likes to get above his station, and as soon as he knows you do know your rights he will very quickly scurry back into his grimy hole..

 

Keep all of the letters these clowns send you, including the envelopes if possible, and anything you send to them must be sent via recorded delivery.

And never sign anything, just print your name.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Send the letter as in post 12 above.


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there, the first thing you need to do is to establish if they have the right to collect the money and also who you originally owed it to.

 

Send them a CCA request (to get a copy of the original agreement they say you owe money for). It's letter N here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

You need a £1.00 postal order to send with the letter. On the back of the postal order you need to write "Fee for CCA request only - not to be used as payment".

 

Take a photocopy of both the back and front of the postal order and affix to the CCA request, keep a copy of the letter too. Send by recorded delivery and check on the royalmail website a few days after posting to print off the signature receipt. Keep all together in a safe place.

 

Do not ring them and do not agree to pay anything - when (if) you receive a response to the above letter, let us know and we'll advise further.

 

Anything you send to MH has to be by recorded delivery, otherwise they will simply ignore and say they didn't get it!

 

Ell-enn

 

 

Thanks i will do that asap!

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I get ya Bazooka boo. They have just got me to the point im getting worried and feel bullied.

 

They will make you feel like that if you let them.

They are the worst DCA & specialise in collecting unenforcable debt.

Just follow all our advice & you'll be fine - most importantly, stop speaking to them on the phone.;)

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Enclose the telephone harassment letter also, and if they keep ringing you tell them to read the correspondence you have sent them, do not answer their security questions and put the phone down.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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My point being, is that they have as much legal right to take your stuff as I do.

 

Debt collection agencies, (DCA's) have no 'legal' right to take anything, however much they want you to believe they do, they are just empty threats, designed to intimidate and exploit your lack of knowledge, and therefore get you to pay!

 

Only a court, and the judge has any right to take your posessions, "which will not happen" A DCA likes to get above his station, and as soon as he knows you do know your rights he will very quickly scurry back into his grimy hole..

 

Keep all of the letters these clowns send you, including the envelopes if possible, and anything you send to them must be sent via recorded delivery.

And never sign anything, just print your name.

 

Thanks for that vital info bazooka i shall send a letter to the clowns asking for proof and then see what happens from there.

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They will make you feel like that if you let them.

They are the worst DCA & specialise in collecting unenforcable debt.

Just follow all our advice & you'll be fine - most importantly, stop speaking to them on the phone.;)

 

 

THANKS TO EVERYONE YOU HAVE HELPED ME SO MUCH

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Good, And don't forget to complain about them using Mr Ton's links to the OFT aswell..

 

Boo;)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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unenforcable debt? whats this all about?? sorry for being bit slow with all this but i dont understand alot of it

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They are well known to the OFT ;)

 

OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts

 

44/09 21 April 2009

 

The Office of Fair Trading has taken action against Mackenzie Hall Ltd, a debt collection company, requiring it to improve its practices.

 

The OFT has used its powers under consumer credit legislation to impose 'requirements' on Mackenzie Hall after an investigation found that some of its business processes failed to meet satisfactory standards. As a result of these requirements, Mackenzie Hall must not:

  • pursue a debt where it has been notified in writing that there is reasonable cause to believe that the debt is in dispute, and
  • pursue a debt where it has been notified in writing that the debt is statute barred.

Failure to comply with a requirement could lead to a fine of up to £50,000 and/or possible revocation of Mackenzie Hall's consumer credit licence.

 

Following an application by the company to renew its existing consumer credit licence, the OFT carried out an in-depth investigation into Mackenzie Hall's business practices and procedures, including a visit to its offices. The investigation found that whilst the company's procedures were of a satisfactory standard, complaint evidence received by the OFT showed that some of these procedures were not always followed.

 

The OFT raised its concerns with Mackenzie Hall and confirmed that it would be looking to impose requirements to improve compliance. Mackenzie Hall acknowledged the problems and, as allowed under the Consumer Credit Act 1974, made a proposal to address the OFT's concerns.

 

Ray Watson, OFT Director for Consumer Credit, said:

 

'Persisting with debt collection activity when debts are in dispute can give rise to significant consumer detriment, particularly where vulnerable consumers are involved.'

 

'In this case Mackenzie Hall has co-operated fully with the OFT and has taken steps to ensure that the business follows correct procedures for handling disputed and statute barred debts.'

 

'We will continue to use our licensing powers to take action to protect consumers where debt collectors fail to ensure full compliance with our guidance.'

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No need to get ahead of yourself just yet, let's see if they send anything in response to your CCA request (unlikely, never known them to have any paperwork in relation to their claim!)


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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