Hoping someone can help me

[needuradvice]

ahh i c...yeah they'll be more on banks and debt agency side.

 

I bet all the FOS will tell me the same info. Just out of interest are there any forum members on here that are or were in my situation? If so, what sort of outcome did they have? Any links?

 

thanks very much

[needuradvice]

* * * * UPDATE * * * *

 

hi guys,

 

just got a call from the ombudsman today who seems to have come to a conclusion:-

 

Mackenzie are offering to stop chasing me and will pass my debt back to the original debt owner - 1ST CREDIT. He says that since my complaint is against Mackenzie, that if i accept this offer then it'll go back to 1st credit and if they continue to chase me then i'll have to make another complaint again. I said to him that i'm disappointed as this isn't solving the problem, but is simply kind of "pass-the-parcel" game to the debt companies, i.e. 1st credit can then pass the debt to another debt company etc. He says to me to think about it and to let him know ASAP.

 

I'm gonna phone National Debtline tomorrow, but would also like your advice on what to do please.

 

thanks guys...much appreciate your help.

[cerberusalert]

Mackenzie are offering to stop chasing me and will pass my debt back to the original debt owner - 1st credit

Because they know you have them by the danglies.

 

MH are the bottom of the DCA foodchain, a debt can't go much further after it reaches them. There's every likelihood that if they pass it back to 1st crudites that'll be the end of it. No doubt MH will give a report to them as to why they're passing it back.

[needuradvice]

thanks cerber...is that supposed to be a good thing? should i accept the offer? and if so, then what if 1st credit start sending out letters again or pass the debt to another debt agency?

[cerberusalert]

I doubt whether they will, they've had their fingers burned once I doubt if they'll attempt a second go.

[needuradvice]

1. So i guess i should accept it, right?

 

2. Also should i ask for everything in writing before acceptence?

 

3. Lastly should i safely call this the end of my debt problems? or can i still get letters about this debt??

[cerberusalert]

1. So i guess i should accept it, right?

Obviously only you can make that decision, but I would myself.

2. Also should i ask for everything in writing before acceptence?

They usually send you a letter anyway.

3. Lastly should i safely call this the end of my debt problems? or can i still get letters about this debt??

I doubt whether they will continue, but if they do report them to the OFT this time because they are in breach of their guidelines.

[needuradvice]

i'm getting slightly different opinions as i've also posted these questions on Moneysavingexperts (this forum recommended your brilliant CAG website). According to a user on there, i could still be chased as my complaint is not against 1st Credit, so they can carry on.

 

I'm off 2 sleep, but i will b online again tomorrow morning.

 

take care and thank u for helping me.

[cerberusalert]

If MH are acting on behalf of 1st Cruds they will pass the information back to them, besides 1st Crud are still liable for the actions of their 'agents'.

[needuradvice]

good morning,

 

thanks for that info cerber. The ombudsman i spoke to yesterday seems to think that 1st credit can still pass on the debt or continue to chase me, even if MH are passing the debt back to them. This is why i was disappointed as that doesn't solve the problem, but merely passes the problem to someone else.

 

But i did mention one thing - that it was 1st Credit who originally got the SB letter and after that was when MH took over, so they kind of already had their warning that this debt is SB, so if 1st credit start sending me letters, then i'm sure i can remind them that they never replied to my original letter.

[needuradvice]

I've just spoken to NDL. They also have said that it show MH have no proof that the debt is not SB and that most likely even if the debt is going to be passed back to 1st Credit, they will most likely not bother chasing the debt.

 

I'm thinking to contact the ombudsman and:-

 

1. tell him that MH wrote to me saying that they will investigate and forward some proof that the debt is not SB, so i would like to know the outcome of their so-called "investigation".

 

2. ask him to tell MH to remove my data from their system.

3. get him to give me their full offer in writing.

 

What do you guys think?

[datcat]

Hiya

Unfortunatly this will now get passed around the various DCA's and ain't nothing you can do about that.

However each time it passes on and you get the letter saying You owe us Blah blah blah you send the S/Barred letter. If they still bug you then send the idiots this

Courtesy of ScarletPimpernel......... ...

 

Dear Sirs

 

I refer to your letter dated (date). I do not acknowledge any debt to you or any firm you claim to represent. All communication in this matter must be in writing.

 

The alleged debt is statute barred under the Limitation Act 1980. Take notice that no funds will be forthcoming.

 

You are reminded that the Office of Fair Trading Guidance on debt collection considers it an Unfair practice to pursue a statute-barred debt when it has been made clear that no payment will be made.

 

I do not expect to hear from you again, and no further correspondence will be entered into.

 

Your etc.

 

Don't forget to send any letters recorded.

[silverfox1961]

I think that as Muck Hall have offered to return it to Worst Credit, I would let it.

If any other idiot tries it on (including 1st Crud) report them to Trading Standards.

 

You have stated your position, they have to drop it or prove it's not SB. You could report them to the CSA as well but they are the credit industries buddy boy club

[needuradvice]

Guys i hope your not going to mind, but i've just checked the copy of complaint that i originally sent to FOS. I actually didn't just complain about MH, but also about 1st Credit too!

 

Surely if this is the case, then the FOS should be dealing with both companies and not one?

[needuradvice]

Just spoken to the ombudsman. I tried to push him to deal with 1st credit too as i told him that 1st credit is already mentioned in the complaint. He said that when i filled the form, i only wrote the address of MH as the business i want to complain about and in order to deal with a second business, i needed to use another form.

 

Again he finalised by saying that MH offer is that they will no longer pursue me and that the debt will be passed back to 1st Credit. He said that if 1st Credit then send me more letters, then i need to make a complain about them too. He said that the complain can be fast tracked to him, so it'll get dealt with a lot quicker (although i'm not sure if i'd want to use him again).

 

He lastly said that he's aware that the complaint isn't fully solved, but at least MH can now never come back and 1st Credit are the owners of the debt and only they can write the debt off. He said that I maybe better off writing a letter to them and asking them for a response of my original SB letter. What do u think?

[PGH7447]

I would now sit back and wait to see what happens, and have a drink at the weekend to celebrate getting shot of muckyhall and co

[needuradvice]

Your right PGH7447,

 

I can now slightly relax, knowing that they may have run out of options to pursue the debt. I'm going to let you know when i receive a written letter explaining the offer and hopefully you guys can guide me.

 

Thank you so much for all your help which is greatly appreciated.

[needuradvice]

hello again everyone,

 

hope you had a good weekend. I've just received the ombudsman letter and would like to run everything past you guys, before i send a reply back.

 

Here are the two pages of the letter:-

 

PAGE 1

 

 

 

PAGE 2

 

 

Please could you let me know ASAP what you guys think and what you recommend i do.

 

I eagerly look forward to your replies

[PGH7447]

why are you offering to settle if its stat barred?

[needuradvice]

I'm not offering, but the FOS adjudicator is kind of backing me into a corner. If you read from the previous posts, he's saying that the debt is not SB if i've deliberately ran away from the debt companies.

 

I tried my best to tell him that he needs to get them to prove it that the debt is SB, but he is not listening and insists that MH can't prove it as they are simply trying to "collect the debt" for 1st credit, who are the original owners.

 

Therefore this is the offer MH have made that they will stop pursuing me for this debt.

 

What should i do?

[cerberusalert]

Tell fos you will accept if the Kilmarnock cowboys give you a written assurance that they will not continue because the debt is Statute Barred.

[needuradvice]

Hi cerber,

 

By "Kilmarnock cowboys" you mean MH??? If so, then thats already been reassured in the letter that MH will not chase me for this debt now or in the future.

[cerberusalert]

What I meant was ask for a letter from MH verifying that the debt is SB and they will not continue to pursue. You want it in writing that it is SB.

[needuradvice]

Unfortunately the FOS adjudicator says that is not possible.

 

The excuse that MH have presented to the adjudicator is that the debt is not owned by them and that 1st credit have simply told MH to collect the debt on their behalf.

 

The adjudicator has said that for this reason, MH have said they can't prove if the debt is SB or not and can't write off the debt as only 1st credit who are the owners can do this and this is why the debt has to be passed back to 1st credit.

 

I'm beginning to smell something fishy too and most likely I may get 1st credit chasing me instead now, although i did send a SB letter to 1st Credit too.

 

I don't know what to do...what do you recommend?

[needuradvice]

hi again guys,

 

After your advice, I have just spoken to National Debtline. They have said that since MH have agreed to close my a/c and pass the debt back to 1st Credit, then they believe this is a very successful outcome for me.

 

But now what NDL recommend is that I write back to 1st Credit and "in my own words" ask them why they ignored my SB letter and forwarded the debt to MH and also to tell them that I demand a reply ASAP regarding proving my Statute Barred status etc etc.

 

The reason they say that i should write is because there is a good chance 1st credit will then pass it to a 3rd party, so i should try to stop them before they do this.

 

What sort of a letter should i write and is this pushing my luck too far?

 

thanks again