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maggiemay48

mackenzie hall....URGENT HELP!!!!!!!

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My son owes them £8.grand and other debts to.(small ones )He got made redundant.He is on jobseekers allowance.How much does he have to pay them.He only has £20 left every fornite.He is going out of his mind with worry.He has no asscets.Helives with me and his dad.Any advice?

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He doesn't have to pay them anything or deal with them. They have to substantiate the debts first, and being Mackenzie Hall, that won't happen any time soon.

 

What debts are these - loans, credit cards?

 

Keep any personal information out of it but remember the cardinal rule - do NOT engage them on the phone! MH are bullies, pure and simple, and I do know this better than most. You don't have to give them any information whatsoever and you don't have to jump to their tune.

 

Even if they substantiate the debt - which they won't - he's on benefits, and benefits are deemed the bare minimum that law decrees that person to live on. Any threats of legal action they'll try and throw are just that - threats.

 

And groundless, empty ones at that.

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Hi thanks for the reply.Its a bank loan credit card.he got 2yrs ago.with hsbc.He made 4 paymnets on the loan with hsbc.Then he lost hours at work.Then he was left with £1 a month to live on.So he had no money to pay.He hasnt payed for two years then they sold the debt to mackenzie hall.They have been chasing him ever since.

Edited by maggiemay48

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He could send them the Prove It letter and see what their reponse is:

 

Dear Sir/Madam

 

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.

 

Yours faithfully

 

You can post whatever they send minus personal details on here and we can look to see if they have anything that is enforceable.

 

Debt is a worry but MH can do nothing to him - they have no power over him whatsoever. Tell him to think of the worst case scenario. Supposing they do have something they can take him to court with - an unlikely scenario since he is on benefits. He goes to court, he tells the judge he is on benefits and offers a £1 a month, the judge gives an order for £1 a month and everyone goes home for tea. That is as bad as it can get. MH know this and are unlikely to go down that road.

 

Follow F-DCA's advice - NEVER speak to them on the phone. Refuse to answer any security questions and hang up if they call.

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Did he receive a Notice of Assignment from the bank telling him it had been passed to MH? If he didn't, he can tell MH he hasn't received any notification that they have any legal right to be pursuing him for payment on anything.

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If MH's got it, chances are it would have passed through 1st Credit. If so, expect MH to drop this one - they have NEVER been able to substantiate a single debt in my experience.

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Once you (or your son) have told MH to prove an alleged debt and they fail to do so it is "in dispute" and until the matter is resolved they are not allowed to chase you for it. Its their move t provide paperwork after all.

 

Earlier this year MH's chiefs tried to put a brave face on things when the OFT slapped their wrists for chasing disputed debts. They were put n warning about this sort of behaviour. Consider asking the Kilmarock Kowboys for details of their complaints process so you can make a complaint to them about their tardiness in providing paperwork. This will allow you to ramp up the matter to the Financial Ombudsman if they persist in demanding money without providing proof.

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if your son has no assets he is in a very strong bargaining position-he is what is known as a "man of straw" indeed he is fortunate in this respect so he can stop worrying

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