Mackenzie Hall.......again!

[gaski]

Hi all,

 

I'm new to these forums and would like to bring to your attention yet another bizarre situation from this inept company.

 

I recieved a letter stating I owed mackenzie hall £512 from a debt that I have outstanding with a company called Empire Stores. Empire is a catologue company who I have not knowingly had any interaction with.

 

Anyway, my story.

 

I was contacted by Mackenzie Hall around 2 years ago about this debt, and after various communications with them via telephone, I was ordered to pay this amount of money. In fairness, I was getting that worn down by their demands, I was going to pay them to get them off my back.

 

Upon my final call to them to arrange payments, the guy I spoke with took my DPA and then confirmed my D.O.B was different to that on the account. I asked what this meant - and he stated that this debt is probably not mine. I told him that I knew that from day one of their communications to me, however, they always failed to listen. I told them that if this is the case, they're in breach of DPA as I had previously discussed this account on 3/4 occasions prior to this call. I was harrassed by this company for a full year regarding this, only then to be told it was a mistake on their behalf.

 

I then emailed MH with my complaint:

 

To whom it may concern,

 

I recently contacted your offices regarding a debt that has been traced to my address.

 

After numerous calls I made to your office in 2007, I was told the debt of £512 was in my name by 2 people from Mackenzie Hall, on 2 separate occasions. After the last call I made in 2007, I was told by Mackenzie Hall that they would have an account manager telephone me, as I disputed that the debt was mine and that I refused to pay. I received no call by Mackenzie Hall and later received 2 letters in 2008 telling me I need to pay the sum of £512. I ignored the letters due to the above reason and I then received a further letter, stating Mackenzie Hall had appointed a debt collector to visit my property.

 

I contacted Mackenzie Hall 30/04/08 and spoke with (name removed) who confirmed that the debt wasn't mine, as the DPA check revealed a different date of birth to that of my own. After discussing with Lee, he confirmed that the debt has been removed from my address and has been put back to the tracing company.

 

What I would like to know is why this wasn't picked up by Mackenzie Hall upon my initial contact?

 

This has undoubtedly affected my credit rating since I was refused a credit card, thus receiving the initial letter from Mackenzie Hall.

 

Two people at Mackenzie Hall have failed to check DPA correctly, thus resulting in a breach of the Data Protection Act. I was rudely spoken to on both occasions and felt as though I was being treated as a criminal.

 

The OFT Debt Collection Guidance states that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

 

Mackenzie Hall has caused me a great inconvenience and undue stress for the past year or so, which I am extremely unhappy about.

 

I would like to know what Mackenzie Hall’s proposed resolution is to my complaint. Furthermore, should I be unhappy with the proposed resolution, I will pursue the matter with the relevant governing bodies such as the FSA.

 

Thank you in anticipation of your response.

 

So, that's all well and good, they made a mistake, I complained.

 

Here was the reply:

 

> Thank you for your recent communication.

>

>

>

> Please note that Mackenzie Hall have a fully compliant

> and transparent telephone tracing procedure and strictly adhere

> to a lawful tracing procedure.

>

>

>

> Having investigated the irregularity, we confirm that a

> credit reference bureau supplied your address to us in error.

>

> Your name and address have been deleted from our system.

>

> Please be assured that at no time has your credit rating

> been affected.Mackenzie Hall does not have the facility to

> change any rating.

>

> Once Again we sincerely apologise for any inconvenience

> that may have been caused.

>

> Yours sincerely

>

> Name Removed

>

> Assistant Team Leader - Collections

>

> Tel: 01563 554 544

>

> Fax: 0845 280 5086

>

> [email protected]

>

> Registered Office: 2nd Floor 30 The Foregate Kilmarnock KA1 1LU

>

> Company Registration No. SC255891

 

So I complained a bit more and got no response - so I left the matter as it was, as I was just relieved for it to have gone away.

 

Yesterday, I received a letter from them again, stating that I own them £512.

 

I ring them, get them to check DPA, my D.O.B is wrong.

 

I highlight this, they ignore it.

 

I ask them to have my name removed as promised, they say it's being passed to their fraud team.

 

Can anyone tell me where I stand with this because the last thing I need is this hanging over me for another year again.

 

Thanks in anticipation of your help..

Edited February 18, 2010 by gaski

[comebackjimmy]

subbing

[cerberusalert]

Complain to Ayrshire Trading Standards enclosing a copy of their email admitting they had pursued the wrong person. East Ayrshire Council : Talkback - Contacting the Council

[kurvaface]

Are you 100% sure the account is not yours? If so, ring trding standards on 08454 040506.

[gaski]

Thanks for your posts so far.

 

MH asked me if I lived at a previous address, which I had done, which makes it all the more confusing. Whoever has put me in debt has clearly got a record of where I have previously lived, as they said the name and previous addresses match those of my own. It's only the D.O.B that is incorrect.

 

I can safely say that i have never purchased anything directly from Empire Stores.

[gaski]

I have sent my query to Ayrshire's trading standards. I'll let you know how I get on.

[kurvaface]

You should ask them to prove the account is yours. Do a cca.

 

Don't speak to them on the phone. Get them to put everything in writing.

[cerberusalert]

Ayrshire's trading standards are well versed with the activities of MH.

[PGH7447]

sounds like you may have moved out and someone moved in found you name etc and opened an account up in your name, I would to cover yourself report this as possible identity theft to the local police

[cerberusalert]

Rather than the police report it here Report a fraud | actionfraud they will give you a crime number.

[gaski]

Email sent to mackenzie hall:

 

I’ve recently been contacted by MH in relation to an outstanding debt from Empire stores for £512. I have made various complaints regarding the matter and my case was ‘allegedly’ closed by you based on an error at your end. This happened over 2 years ago, yet you have contacted me again regarding this debt. I wasn’t happy with the way I was spoken to last time, and I certainly wasn’t happy with the threatening behaviour displayed by your company.

I have just contacted Empire stores in relation to this debt to see if they can locate any purchases made by myself, as I want to know what was purchased and the date(s) they were purchased on. Empire have been unable to provide me with this information and advised that MH should have this information available to me. Please provide me with this information, as the last time we spoke, more than 2 years ago, you were unable to.

I still remain defiant over accepting this and have therefore contacted Ayrshire’s trading standards, Citizen’s Advice and I will be forwarding a CCA request to you in the very near future. I have forwarded all previous email communications between MH and myself to the relevant bodies.

I want no further telephone communication with you. Please respond with all your communications via email or letter.

I sent this mail to the complaints address and also included the directors of the company. Hopefully I can get this resolved sooner rather than later..!

[gaski]

Looks like I finally got through to them. Email i received from MH this morning:

 

I am in receipt of your below email and I note the contents accordingly.

Firstly I would like to apologise that this matter has not previously been resolved, despite your best efforts to do so.

 

Mackenzie Hall acknowledge that an internal error has resulted in this case being reopened once again, and as a result you have received further correspondence from us. This, we accept, is unsatisfactory and I have undertaken immediate steps to rectify the matter and give you personal assurances that there shall be no further recurrence. Unfortunately we are not in a position to obtain the necessary information as requested below and we have closed our case.

 

No further correspondence shall be issued by Mackenzie Hall and once again I offer my sincerest apologies.

 

Kind regards

 

Compliance Manager

[PGH7447]

now check you credit file and see if they have left an imprint

[cerberusalert]

It would be wise to check your credit file too, if they've registered a default you can sue for damages.

[gaski]

I've just checked it now and there's nothing there, thankfully. Looks like this saga might well be over, for now!

[gaski]

I'm still considering taking this further due to the unrest caused over the past few years.

 

What would be my likely result if doing so, and who should I complain to? I see MH are regulated by the CSA, and was thinking of maybe going through them? It's about time someone chased them for change!

[F_DCAs]

Forget the CSA - it's run by debt collectors for debt collectors.

 

Mackenzie Hall should be reported to the OFT, who they received a warning from last year about their dodgy practices.

 

There's nothing MH hates more - well, apart from losing money, taking anyone to court (which they've never done), and doughnuts.

[gaski]

Forget the CSA - it's run by debt collectors for debt collectors.

 

Mackenzie Hall should be reported to the OFT, who they received a warning from last year about their dodgy practices.

 

There's nothing MH hates more - well, apart from losing money, taking anyone to court (which they've never done), and doughnuts.

 

Maybe I should take them to court for harrassment!

[bazaar]

You could, but it may be more of a headache.

Maybe get together all the time youve wasted on this, then send them a bill.

See what they say, theyve already admitted their mistake,

[gaski]

I'd much rather see them squirm for a change, but I guess you're right with the whole court thing. I can't be bothered with the hassle, but then again, this is how they get away with so much in the first place.

[bazaar]

We all want to see them squirm, the best way is to report them for it, give them a kick with a bill for costs, IE, in light of your admission that you made an error in harassing me for a non existant etc etc. I have estimated my costs to be £xxx. if this is paid I will take no further action, If not, I will investigate further action which would ultimately end up in further costs to yourselves.

It is in your own interest to make sure you give this your full consideration.

etc etc, use the same wording they used in their letters.

It'll give you some satisfac:)tion at least