Mackenzie Hall

[mystical1]

Hi.

 

Had a letter yesterday from Mackenzie Hall for a debt taken some time ago. Rang them today, very rude and they hung up on me twice. I said I wanted a credit agreement for the debt, and they said I don't need one to know if I owe the money or not, that a credit agreement won't tell me if it's fraud or jog my memory of the debt. I said that I have a right to see the agreement before I pay anything, she was a right stroppy madam, said she'd send a letter then hung up.

 

What do I do next? Ring again and make it clear what I want as I'm conscious my call won't be logged and they'll continue action regardless of what I've asked, or do I just wait. I really don't need this stress at the moment. Debt was taken in August 2004 so they said.

 

Can anyone help?

[the_shadow]

Hi.

 

Had a letter yesterday from Mackenzie Hall for a debt taken some time ago. Rang them today, very rude and they hung up on me twice. I said I wanted a credit agreement for the debt, and they said I don't need one to know if I owe the money or not, that a credit agreement won't tell me if it's fraud or jog my memory of the debt. I said that I have a right to see the agreement before I pay anything, she was a right stroppy madam, said she'd send a letter then hung up.

 

What do I do next? Ring again and make it clear what I want as I'm conscious my call won't be logged and they'll continue action regardless of what I've asked, or do I just wait. I really don't need this stress at the moment. Debt was taken in August 2004 so they said.

 

Can anyone help?

 

Yep, and you've come to the right place, from now on NO SPEAKING TO THEM ON THE PHONE, sorry to shout but its important. Deal only in writing and then by recorded delivery postage or obtain proof of posting.

 

What kind of debt is this? if its a Credit card or loan then you can ask for the application under s78 of the CCA, this request needs to be sent with a one pound postal order. If so Letter 8 here ......needs to be adjusted to your needs.

 

When they say the debt was "taken" in August 2004, do you mean the debt is older or is that the actual date of it?

 

S.

[mystical1]

Yep, and you've come to the right place, from now on NO SPEAKING TO THEM ON THE PHONE, sorry to shout but its important. Deal only in writing and then by recorded delivery postage or obtain proof of posting.

 

What kind of debt is this? if its a Credit card or loan then you can ask for the application under s78 of the CCA, this request needs to be sent with a one pound postal order. If so Letter 8 here ......needs to be adjusted to your needs.

 

When they say the debt was "taken" in August 2004, do you mean the debt is older or is that the actual date of it?

 

S.

 

Hi there. Thank you so much for your reply. I suffer with stress pains in my stomach, and since my call to them it's creasing me. I can't deal with it at all. The debt is £238 for a course I took out with ICS learning - I asked them when it started and they said August 2004. I've looked at some old bank statements and it does tally that the paymetns started then, and it wasn't many months before my direct debits started to bounce and were then cancelled completely. The debt isn't huge in comparison to some, but it's not easy to know what to do. I have a feeling it was all done over the phone, but can't remember to be honest. Should I write to insist on a credit agreement now then, or wait and see what happens? I've read loads on here about experiences from other people, and it's all so confusing! If they don't have a credit agreement, am I right in thinking they can't pursue me? Wish I'd just thrown it in the bin now - my partner insisted I called. He thinks I should just pay it as I owe the money. Fair point, but if they've just got my name and address and aren't following the guidlines of having a credit agreement, why should I?! I can honestly say this is the first letter I've had since I stopped paying ICS in 2005.

[the_shadow]

Ok, as I stated Muck Hall are the lowest of the chain and the reason why this debt has been passed to them is its near the 6 years limit.

 

Debts not acknowledged in payment or in writing in a 6 year period are classed as statute barred, this means if you tell them you wont pay them they have to take that and go away.

 

So you seem to be close to that time period.. you need to look back and work out exactly when the last payment went through and add a month for good measure... thats the target date now.

 

Only you can decide if you wish to pay or not but do bear in mind these DCA's pay between 6p-10p in the £ for these debts (Tell your partner this and see if they are so willing to part with cash just so some nasty debt collector can make a profit, the original lender would have claimed tax relief on your debt so dont feel guilty!!!!).

 

................so dont be bullied into paying the full amount at the very least, start with a full and final offer in the low 10-15% and go upwards but ensure you set a ceiling... wouldnt hurt to let them know its going to be stat barred soon so they would be better accepting your offer and ensuring your credit records are marked as settled in full now or they get nothing

 

Dont let them think they are in control, you are the one with the scales tipped in your favour due to stat barring soon.

 

 

S.

[cerberusalert]

Send them this enclosing a £1 postal order, do not sign the request and post it recorded delivery. When you receive it back scan it remove identifying details and we'll asdvise from there. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

[mystical1]

Hi. Thanks again for coming back to me.

 

Are they likely to take me to court if it's getting close to the 6 year mark and they aren't getting anything from me? I've looked at my credit file, and there is nothing on there about this - I don't know if that makes a difference when it comes to them being able to take action or showing they have an agreement?

 

Is my next step to write and ask for the credit agreement then, or make an offer? Just to clarify, if they have no agreement, no signature, can they do anything?

 

And yes, I will tell my fella that. He's very moral and is worried someone will come knocking at the door for it. What a mess.

 

Thanks again.

[comebackjimmy]

Hi Mystical1

 

I back the shadow SHOUTING and all! No more phone calls. This is particualry important to you as it affects you medically, so as well as not calling them stop them calling you using the telephone harassment letter.

 

You have already discovered how rude they are. Make them fight to prove the debt is enforceable.

 

As has been said very well elsewhere; these Rules are not your rules, its their rules. You're just learning what they are and applying them!

[mystical1]

Hi Cerberusalert.

Thanks for your response. I will get this letter sent this weekend. I will no doubt be back on here with their response, or lack of it!

Thanks very much.

[mystical1]

Hi Mystical1

 

I back the shadow SHOUTING and all! No more phone calls. This is particualry important to you as it affects you medically, so as well as not calling them stop them calling you using the telephone harassment letter.

 

You have already discovered how rude they are. Make them fight to prove the debt is enforceable.

 

As has been said very well elsewhere; these Rules are not your rules, its their rules. You're just learning what they are and applying them!

 

Hi.

Thanks for this. Luckily they've not called me. I got their letter yesterday and rang this morning witholding my number. They are horrible people, figured that already! I got into debt when I was with my ex, and last year I ended up paying out over £6000 for a joint debt that I couldn't get out of, and made an agreement for another £1800 which I pay £100 a month for, and I just can't afford to be paying out anymore! They are all coming to the 6 year point now, I'm just praying there are no more that will appear. My other debts were with Link, and to be fair, although they didn't make any agreements to reduce the amounts outstanding, they were never rude or hung up on me or anything, they always gave me the time I asked for. Mackenzie Hall can't even spare me a few minutes on the phone! I'll send the letter that Cerberusalert has sent to me, and see what happens next.

Thanks again.

[cerberusalert]

As already said MH are the bottom feeders in the debt collection industry and specialize in Statute Barred and uncollectable a/cs. If your alleged debt is nearly Statute Barred it will be easy for you to prolong matters by entering into various correspondence with them.

 

The request you are sending also requires them to produce a Statement of Account which will show exactly when your last payment was made. When we discover that we'll know which route to take with the Ayrshire cowboys.

[cerberusalert]

Have you checked your other debts are enforceable, if not send the CCA request to them too.

[letshelp]

On a lighter note and sorry to thread jack, I know Muck Hall read these threads, so my question is to them, Did you get the nice telephone directories 'my friend' sent you with your business reply prepaid letter stuck on the front?

regards to all except Muck Hall