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Is this valid? Mack Hall


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:confused:I received this letter from Mackenzie Hall today. I knew Quick Quid had passed the debt over to them but just wondering if this is classed as a default notice from Mackenzie Hall, and also if it is valid! :confused:

 

13TH APRIL 2010

DEFAULT ON FIXED SUM LOAN AGREEMENT

REGULATED BY THE CONSUMER CREDIT ACT 1974

Dear Nikki1982

We write to give you formal notice that Quick Quid has legally assigned the rights to the above debt to Mackenzie Hall debt purchase Ltd. This means that Mackenzie Hall now legally own the debt.

 

We act for Mackenzie Hall. We have been instructed to pursue you for the full payment with immediate effect.

 

Take notice: You should accept this letter as formal notification that unless payment is received within 7 days then your account will be considered for legal action in the County Court for recovery of the full amount outstanding. Any such proceedings will include additional claims for legal costs and interest which will increase the amount that you will be required to pay.

THERE WILL BE NO FURTHER WARNING- PAYMENT IN FULL MUST BE RECEIVED NO LATER THAN NOON 20TH APRIL 2010.

In the event judgement is obtained against you then it will be entered in a public register, the register of judgements, orders and fines. The details will then be passed to credit reference agencies, who will supply them to credit grantors and others seeking information on your financial standing. This will make it difficult for you to get credit.

 

NOTE: Quick Quid have already advised the Credit reference agencies of tour default. This may seriously affect your ability to obtain credit in the future. Once the balance is paid in full, only then will the default be shown as Default satisfied.

 

 

Many thanks in advance xxx

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No it is not a default notice, it is a notice of assignment with a few threats thrown in.

They have tried to make it look like one.

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Have you copied it word for word because it does not make sense.

The first paragraph says that Muck hall own the debt.

Next line says we are acting for Muck hall???? no sense what so ever.

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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I have copied it to the exact letter! I have:

*Mackenzie hall logo, on top right corner, *address as:

unit 1a,

58 portland street,

kilmarnock,

ayrshire,

ka1 1jg

*a reference number

*pursuers: Mackenzie hall debt purchase ltd.

 

When I read it this morning, I actually thought that myself.

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The person who issues the DN does not necessarily have to be the OC. A creditor can sell or otherwise assign an account that is still live and running, providing the T&Cs allow for it (and in some instances where they don't, eg. liquidation/insolvency). Think about it - if this were not the case, the whole factoring industry would collapse!

 

The key issue is when and if termination of the account occurs. With DCAs and debt buyers, the account has usually been terminated before they get involved, so generally it would be the OC who issued the DN - otherwise it's unlawful rescission.

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MHall Debt Purchase Ltd is part of the MHall web of companies and MHall is just the collecting arm of this shower in the same way that Connect is the tracing arm. Sadly there is no Mak Hall Sweep Ltd yet which clears up and makes amends for the mistakes the other branches makes

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