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    • Thank you Slick   I will get these letters sent out today and keep you updated.    I appreciate the help
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Donel261

Barclaycard/Cabot/Mackenzie Hall

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My saga is ongoing, I received a letter out of the blue from Mackenzie Hall saying they were being instructed by Cabot to collect to the sum of £913.00. I obtained my credit file and had two defaults at my old address for this debt, one from Cabot and one from Barclaycard. I assume Barclaycard sold it on.

 

Anyway, I sent the standard letter to Mackenzie Hall, I do not awknowledge the debt, please send me the credit agreement etc and enclosed the £1 fee which was cashed 4 days later on 24th June 2006. They have never sent the details.

I complained to equifax and they contacted Barclaycard who have agreed to delete the entry as they no longer own the debt. I phoned Mackenzie Hall and spoke to the most obnoxious and retarded person possibly imaginable who said I can tell you that the debt was passed to us on XXX and you owe XXX, thats all we are legally obliged to give you, we will take legal action if you dont pay. I said I couldn't give a damn what you do or say, take the action its wholly welcomed, your clearly dont understand your job, targets to hit have we? I said I would complain to trading standards and he said do whatever you like. he said we have contacted Cabot for the information but they haven't responded to us, I said just get on with it and ended the call. I then followed that up with an immediate fax which stated there legal obligations and the fact the request was now in default, I copied it by post and fax to Cabot. I also made a complaint to the trading standards departments of Mackenzie Hall & Cabot and faxed it also.

 

I think I may have cocked up by sending my SAR request to Mackenzie Hall but they awknowledged it and cashed the fee. They also admit they have been in contact with Cabot. Do you think I stand any chance?


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Guest Zooman

Nothing cocked up mate, Mackenzie Hall will now have to supply you with all info they have. I doubt this will include statements.

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Lots of things wrong with this one.

 

First off - there can't be two defaults. This debt was defaulted once and that would have been by the original creditor which appears to be Barclaycard. Cabot are in the wrong and the Information Commissioner should be informed immediately. You shoudl check back to see if Crapbot have complied. If they haven't make a fuss, a BIG fuss!

 

Crapbot should have written and told you they had bought the debt. Youn mention an old address and they may have tried but my experience is that they don't always write and inform their "new clients". If they can't prove they did then the debt has not been assigned properly and you have a defence to any legal action they may take. You may also have a statute barred defence but you haven't given us any details about the age of this yet.

 

Mackenzie Hall, where do we start. Don't call them from now on. You have found how rude and aggressive they can be. They will not take legal action. I don't think the staff know how. You have sent them the CCa letter and they are in default. You have sent them a SARN. They have cashed the fee so they must send you the details they hold on you. They have 40 days. If they don't the Information Commissioner should be told. Action should be taken. If not start making a fuss.

 

Both Crapbot and MHall should also be reported to the OFT. They won't do anything but a flood of complaints might make them think these two companies aren't being run right. From next April the Finacial Services Ombudsman takes over and he may well want to know why nothing has been done.

 

Kepp in touch by letting us know what's happening.

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I will thanks, Barclaycard were quite reasonable they have deleted the default entry. The debt is not statute barred, but you are right in that I never received a notice of assignment to say they had bought the debt, I also dont see what right they have defaulting me when I have no credit agreement with them. Following my conversation with Mackenzie Hall on Friday & follow up fax I have received a letter from them (without threat or bad tone) saying:

 

"Thank you for your recent communication regarding a query on the above account. Our company endeavours to deal with all enquiries within a designated timescaled, normally 48 hours. Unfortunately on this occassion we must gather more information to enable us to deal with this query efficiently. This could take up to six weeks.

 

We have placed your account on hold whilst these enquiries are underway and ask for your patience until we can gather the correct information and resolve the matter as soon as possible. In the meantime if you wish to discuss your account please call me on ...... Again we thank you for your patience.

 

Signed: Russell Collins (Accounts Manager)

 

Eejits!!


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48 hours! Mackenzie Hall don't deal with requests within 48 days let alone two days! Take what Mr Collins says with a pinch of salt and bear in mind a SARN request runs for 40 days from the date payment was received. I'd say the clock is ticking and the Information Commissioner is waiting for your complaint.

 

You should in any event be contacting the IC with regardto Crapbot defaulting you on something which can only be defaulted on once. If Barclaycard have deleted their entry then so should Crapbot.

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I know, I thought that too, 48 hours my @rse, they are being nice to me for a reason, probably know I am not playing with them. I will complain to information commissioner, currently got a complaint with the information commissioner for an issue with Telewest, I have heard they are not very helpful so I wait in suspense for the outcome of there investigation. I have also complained to trading standards about crapbot and mackenzie hall so again, I wait..... ;-)


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I was tired last night. Its just dawned on me that six weeks is 42 days - Mackenzie Hall want more time than is allowed by law to retrieve and send what you are entitled to receive.

 

They shouldn't need a tenth of this time. For a start they are only acting as agents for Cabot so all they need send you are those details their client (Cabot) provided you. That is probably name, address and details of the debt.

 

Mackenzie Hall are playing silly beggars.

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Be careful with the default removal. You should only be defaulted once on a credit agreement (although technically it can be renewed). Normally the default will stay on your credit file for six years from the date of default. If Cabot's default was registered after Barclaycard's then that is the one that should be taken off.

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Hi,

If the debt is sold on sometimes it works in your favour if you send the SAR to the new owners.

They usually don't have statements. Estimated claims would be harder to refute.

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Further more to this just had asnother company ring me this morning at 8:45am, Logic group. told me they are working for Cabot. told him to go away as i dont deal with 3rd hand parties.

 

upshot was that he seems to think barclaycard is owned by get this Cabot , laughed myself awake in the end.

 

one more reason to not believe Cabot's way of dealing with things. or anyone else they say they have instructed to work on there behalf.

 

good luck.

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Had a letter from East Ayrshire Trading standard, which covers the Mackenzie Hall side of things, looks like the wheels are in motion, it reads:

 

"Thank you for your recent letter concerning the above company. I have written to the company regarding the matter and will advise you of there comments in due course.

 

Yours Sincerely

 

A Stewart

Enforcement Officer"

 

I also wait for the trading standards response for Cabot... the scoundrels....


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Had a letter from Kent Trading standards who cover the Cabot side of things, they want me to call them on Monday but I dont really know what to say to them. There website says they do not investigate individual matters, just log complaints. I feel like they are going to fob me off.

 

Experian have also e-mailed me saying Cabot are investigating the matter and therefore the entry will remain on my credit file. I have responded questioning why they are going in Cabots favour, I complained to them because Cabot have not once ever wrote to me. They got there joeys at Mackenzie Hall to do it. I have never had a credit agreement with this company and do not awknowledge any debt to them. I have said I want the information temporarily removed until it is proved. Am I being unreasonable? :oops:


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Have called Kent Trading Standard and the woman was very nice, but I just knew she cant do anything. I explained everything and she said she will call them and try to get things moving on. She said "it would be better if they took you to court you could then argue it out if they cant prove it, at least it brings it to a conclusion" I said "exactly". I also received an e-mail from equifax saying we cant remove it without permission, even though I explain they are not responding or awknowledging my posts.

 

Can anyone help me, they are clearly in default of the CCA request, I want to lodge court action to get this data removed from my credit file. I want to get a mortgage next year, I just dont know how to go about it or what to write on the court claim form...... (mods or anyone with legal knowledge, do I have a leg to stand on, if so I am prepared to test it out) Mackenzie Hall and more inmportantly CABOT are ****!

 

This has been going on for months now with no sign of them providing the documents or awknowledging the fact that they cant prove it. :-|


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Two more updates: (1) Equifax & (2) The Legendry Cabot:

 

(1) Equifax

 

Dear Donel261,

 

Thank you for your recent correspondence, details of which have been

passed to me for investigation and resolution.

 

I acknowledge your request for sight of the original agreement between

Kings Hill and yourself and must advise Kings Hill are a debt collection

agency and I can confirm this debt was passed from Barclaycard therefore,

your original agreement lies with them.

 

I have had regard to your comments regarding your Equifax Credit File and would

like to advise although the credit agreements are held by the credit

reference agencies, the owner of the information continues to be the

financial institution, and not the credit reference agency. The credit

reference agencies are unable to amend or delete information, unless

they have been advised to do so directly from the data owner.

 

Therefore, with regards to the Kings Hill entry which is currently

appearing at the address of xxxxxxxold addressxxxxxx, a Notice of Dispute

was raised on 21st August, whereby we requested Kings Hill to investigate

and confirm the accuracy of the information provided to Equifax.

 

On the 30th August, Kings Hill responded and advised they are

currently investigating this matter. In view of the further

investigation which was required, Kings Hill did not at this time,

request Equifax to amend or delete this account from your Credit File. To

date we have not received a subsequent response from Kings Hill regarding

your dispute.

 

In view of this, we have today raised a second Notice of Dispute

regarding this account, whereby we have advised Kings Hill of your

concerns.

 

Although the Notice of Dispute process can take up to 28 days, I will

endeavour to maintain regular contact with Kings Hill in order to

expedite a response.

 

Should your require further assistance with this matter please contact me

on the telephone number provided below.

 

Kind Regards

 

Angela Sludds

Escalation Advisor

 

and

 

(2) Cabot (First correspondence from them EVER!!!!)

 

Dear Donel261

 

We refer to your letter dated 13th September 2006

 

We would like to point out that we responded to you on 25th August 2006 explaining that we contacted barclaycard to investigate your query, and had requested copy of the application form and statements on the account.

 

Unfortunately at that stage we were not aware of your current allocation at a different address (plebs!! :mad: ) we apologise for this and have now updated your records accordingly.

 

We would also like to tell you that as we are not the originators of the account it can take up to 8 weeks if the information we require from barclaycard has been archived and therefore we request you show some understanding in this matter. (Bloody cheek, 8 weeks? remind me when I sent my CCA request)

 

In the meantme we would really greatly appreciate if you could forward a copy of your driving licence, passport toegther with a signed letter, also utility bills to show where you were living at the time the account was taken out. (dont have the bills but no bloody chance am I sending them anything, for all I know they could be stealing my identity)

 

I would reassure you these are normal procedures when a customer disputes ownership of an account. Once again we would apologise for your confusion and any upset caused. We look forward to hearing from you in due course.

 

Yours Sincerely

 

Emma Robertson

 

***************************************************

 

Am i requesting everything I should, what about a notice of assignment, the original credit agreement, statements??? I am going to write to them basically saying "do one" on the proof of identity.... should I say anything else?

 

Gosh this one is really dragging out, but in for a pound and all that...... :)


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Responded With:

 

Dear Madam,

 

Thank you for your correspondence of the 14th September 2006.

 

I am somewhat confused as to how you can allege you were not aware of my current address given I have written confirmation contradicting that statement from 'Mackenzie Hall' who state you were notified in July 2006 when my original CCA request was submitted.

 

I also note that your "normal procedures" do not correlate with a legal right to shun your duties under the legislation irrespective of whether you are the original creditor or not.

 

I have previously told you on numerous occasions that I have no credit agreement or account with your company and have never received any correspondence from you until your letter of 14th September 2006. I do not acknowledge ANY debt to "Cabot Financial" and will never pay you any money.

 

On the 24th June 2006 I requested specific documents, which you are obliged to supply whether or not you are the original creditor under S.189 of the CCA 1974. Non-compliance is a criminal offence under the above Act, I have therefore lodged complaints with the relevant authorities, I will furthermore be raising this matter further when we go to court, as I fully intend to vigorously defend and contest this matter. You will furthermore know that as you are in breach of my original CCA request the debt is totally unenforceable. Even if you could now supply the documents I requested over three months ago, you would have to obtain a court order yourself in order to try and enforce it. I am sure the judge will not be best pleased when your breach becomes apparent.

 

Furthermore, as you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

1. You have failed to provide me with a true copy of the alleged agreement you refer to. Which is my right under S.78 (1) of the Consumer Credit Act 1974 (S.77 (1) for fixed sum credit) - you have also failed to supply a statement of account.

 

2. You have failed to provide a signed true copy of the deed of assignment relating to this alleged debt.

 

3. You have failed to provide me with a signed true copy of any default notice issued in relation to the referenced agreement you allege exists.

 

Please note that I still await all of these documents, or alternatively I respectfully ask that you close the account you refer to, remove any reference to it from my credit report (or I WILL seek a court order to have this done) and refrain from contacting or harassing me further.

 

I also refuse your request to provide; (Quote) "a copy of your driving license or passport together with a signed letter, also utility bills to show where you were living at the time the alleged account was taken out." You have so far failed to substantiate any alleged debt and are in clear breach of your statutory duties under the act to do so. I can therefore only assume that you are attempting to demand money from me by deception, a matter that I will be asking the police to investigate. You have not proved to me that you have any legal right to demand money from me (i.e. deed of assignment), let alone request documents from me, which could allow you to steal my identity, I will be asking the police to investigate this also. Would you send these documents to a shoddy company likes yours? I don’t think so!

 

I again ask that you provide clear confirmation as to when you are likely to obtain the requested documents from the "originators" you refer to in order to substantiate this debt. Alternatively confirm that this matter has been closed and the relevant references deleted from my credit reference file. Failure to supply these documents within 14 days of this letter will prompt me to instruct my solicitor to initiate county court proceedings compelling you to do so. You have had long enough. You will also note that should I need to take this action, you will be liable for my costs given you are the party in breach of your statutory duties under the Consumer Credit Act 1974, you have no defence on this matter!! I will furthermore lodge an application for damages regarding the stress caused by the defamatory data placed on my credit reference file.

 

I look forward to hearing from YOU for a change.

 

Yours Faithfully

  • Haha 1

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What happens if you actually take the DCA to court over non CCA compliance and the Judge "compells" them to provide the evidence? big nasty toruble for the DCA one hopes?

 

You get to learn to use all sorts of wonderful acronyms on this site! :D DCA, CCA, DPA, CRA....


[sIGPIC][/sIGPIC]

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I think it is probably going to come to that, Cabot are stubborn buggers!!


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I also have a debt alledgedly bought by Cabot. Original debt £2167.01, now the debt stands at £1597.01 (£570.00 paid to them over the last 19 months) Have sent my CCA request away to them, lets see what crap answer they come back with. I cannot believe that cabot may have got £570.00 over the last 19 months or so from me and they may not legally be entitled to ask you to pay this back. going by my dates they have until the 03/10 to cough up..........

I,ll keep you informed of any progress!

CheersT.D.:)

P.S. (is it 14 days after they receive the requested info by letter?-can never remember)

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What happens if you actually take the DCA to court over non CCA compliance and the Judge "compells" them to provide the evidence? big nasty toruble for the DCA one hopes?

More to the point, why would you want to?!

 

Sounds like you might be shooting yourself in the foot by forcing them to produce something that proves you owe them money!!

 

Although, if you're certain they can't do so... :rolleyes:


edinburghbeerbucket :D

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More to the point, why would you want to?!

 

Sounds like you might be shooting yourself in the foot by forcing them to produce something that proves you owe them money!!

 

Although, if you're certain they can't do so... :rolleyes:

 

erm, why would they commit a criminal offence and then have it magically appear when its gone to court? :rolleyes:


[sIGPIC][/sIGPIC]

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Well, a development from the Mackenzie Hall side: :D

 

Letter reads as follows:

 

Dear Donel261,

 

Thank you for your recent communication regearding a query on the above account.

 

Due to the nature of your dispute, Mackenzie Hall, after discussions with Cabot Financial, have made a decision to return the account back to Cabot Financial, who will continue to deal with and communicate with you on this account.

 

If you have any further queries regarding this please contact Cabot Financial on 0845 0700 116 quoting your reference.

 

Yours....

 

Russell Collins

Accounts Manager

 

Looks like they have had enough of me and can't be r'sd anymore, perhaps I should now rename this thread Barclaycard/Cabot...... :razz: 2 down anyway, barclaycard have deleted entries from credit report, mackenzie hall have backed off so just cabot to kill off now.... wish me luck!!


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:rolleyes: I know its really petty, but I am having a silly moment and want to make them work a bit longer..... :D

 

Russell Collins

Accounts Manager

Mackenzie Hall

30 The Foregate

Kilmarnock

KA1 1JH

 

Reference: XXXXX

 

25th September 2006

 

Dear Mr Collins,

 

Thank you for your correspondence dated 19th September 2006, the contents of which have been noted.

 

As you will be aware, you have failed to provide the documents I requested under the Consumer Credit Act 1974 and have now returned the debt to cabot Financial.

 

I therefore seek an IMMEDIATE REFUND of the CCA statutory fee totalling £1.00, which you happily cashed without being able to honour my request.

 

I expect to receive a cheque or postal order within the next 7 calendar days.

 

Please note that each letter thereafter in respect of your failure to pay will be charged at £30.00.

 

I will furthermore happily initiate county court proceedings against you for non-payment including an application for my costs under the small claims track.

Yours Sincerely

Donel261


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"I therefore seek an IMMEDIATE REFUND of the CCA statutory fee totalling £1.00, which you happily cashed without being able to honour my request."

 

A VERY,VERY good idea but the remark about the £30 charge isn't. It smack of a penalty charge which this website was formed to advise people how to fight! The best thing would be to give them a deadline then insitigate legal action to recover it. That will cost you money -I don't know how much for a £1 but by then it will also include your costs so failing to pay you back a quid will set them back a lot more!

 

I want to know how you get on with this one because I'm in the same situation with this company only they owe me £11 - CCA + SARN, neither of which they have complied with.

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I want to know how you get on with this one because I'm in the same situation with this company only they owe me £11 - CCA + SARN, neither of which they have complied with.

 

Why not write them a letter saying that they have 14 days to repay the money in full, before it is passed to a debt collection agency?! :D Maybe even try selling the debt to a DCA just for a laugh! Imagine how embarrassed they'd be if baliffs came to take inventory of their office furniture!! PML!


edinburghbeerbucket :D

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I would love to send the bailiffs in but to do that I would need a court order and I doubt whether Mackenzie Hall's bosses, for all their ignorant and arrogant posing, would allow that to happen because it would seriously affect their ability to hold a consumer credit licence. If puhs comes to shove they will pay!

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