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Banging my head on a brick wall


shedder101
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Sub Plot Cabot & Mackenzie Hall

 

I received a letter some time ago from Mackenzie Hall reference usual stuff pay up disputed debt from 2002 and sent the usual letters recorded asking for proof of debt ect ect,

 

I received nothing from them except a letter stating I had to pay or else, so I finally sent a statue barred letter some 3 months ago.

 

Today i had the same letter as the first one, pay up here is a direct debit form you owe this all the same again do these people read there post

 

Any way, advice please on what to do next should it be shredded as i have done all this before

:|

had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

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Report them for failing to adhere to OFT Guidelines on debt collection as they're not permitted to do so when there is a reasonable dispute in progress. I would also report them for chasing an SB debt as thats also a big no no

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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I would also enclose this:

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/requirements.pdf

 

with your letter and ask for a comment :-)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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wonder can i sue them i am up for that

 

If they have been adding adverse info onto your credit files, yes.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I am so glad i dint hold my breath i have had a response from the OFT here it is

 

"

Consumer Credit Act 1974 (the Act)

Complaint Against: Mackenzie Hall Limited, Cabot Financial (UK) Limited & Barclays Bank Plc t/a Barclaycard

Licence No: 544407, 472690 & 005116

 

 

Thank you for your email received on 3 September 2010.

 

I am very sorry to hear about the difficulties you have been experiencing with the above mentioned traders however, the OFT has no authority to become involved in individual disputes between consumers and traders so we cannot advise you directly in this matter. Our role is to protect the collective interests of consumers.

 

I enclose a list of organisations which can offer you help and advice. For specialist, face-to-face assistance, or intervention, you may wish to seek legal advice either through a local Citizens' Advice Bureau or directly from a legal adviser. The Financial Ombudsman Service can help with most complaints about consumer credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the consumer credit licensee itself. The Insolvency Service has published a guide for debtors which contains an overview of the main debt solutions. The guide entitled ‘In Debt? Dealing with your creditors’ can be accessed from the Insolvency Services’ website at:

http://www.insolvency.gov.uk/guidanceleaflets/Guides.htm

 

I can confirm that the businesses you mention hold consumer credit licences. Under the Consumer Credit Act, holders of consumer credit licences must be fit and competent to do so and the OFT has a duty to monitor the fitness and conduct of all traders who hold such a licence.

 

The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat individuals fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at: http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

 

The Limitation Act 1980 (the 1980 Act) sets out certain periods (referred to here as the “limitation period”) after which court claims cannot be brought. Different periods apply to different types of claims.

 

A claim for a debt is a claim based on breach of contract. The basic rule, under section 5 of the 1980 Act, is that a court claim for breach of contract cannot be brought more than 6 years after the breach occurred. In the case of a debt, the breach is the failure to pay the debt when required. The 6 year limitation period runs from the time payment should have been made and a court claim cannot usually be brought after that.

 

It is also possible for the limitation period, in effect to be extended. Under section 29 of the 1980 Act this can happen when the debtor acknowledges his debt or makes a part payment of it. The acknowledgement or payment must be to the person to whom the debt is owed or someone acting on his behalf. When the debtor does either of these things the 6 year limitation period may start to run afresh. This can only be the case where the acknowledgement or part payment is made within the original 6 year limitation period (and not later). The acknowledgement would need to be in writing and signed by the person making it (or someone on his behalf). It would need to amount to an admission that the debt is owed and has not been paid.

 

If a creditor seeks payment of a debt outside the limitation period the debt does still exist legally. The creditor can still ask the debtor to pay. What the expiry of the limitation period means is that the creditor cannot then enforce the debt through court action.

 

The OFT’s Debt Collection Guidance, published in July 2003, gives the OFT’s position regarding statute barred debt in England and Wales:

 

• It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period,

• If a creditor has been in regular contact with a debtor before the debt is statute barred, then we do not consider it unfair to continue to attempt to recover the debt,

• It is unfair to mislead debtors as to their rights and obligations, e.g. falsely stating or implying that the debt is still legally recoverable and relying on consumers not knowing the relevant legal provisions, and

• Continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40(1) of the Administration of Justice Act 1970.

 

We also note that your email raises concern in regard to credit agreement.

You may be interested to know that the OFT has recently issued draft guidance to businesses and consumers regarding the application of sections 77/78/79 of the Act that allow consumers to request information about their credit agreements. You can read the OFT’s press notice via our website-: http://www.oft.gov.uk/news/press/2010/05-10

 

A copy of the draft guidance (OFT1175con) published in January 2010 can be accessed from the above link. Section 2 of this draft guidance relates to the duty to give the debtor a copy of the agreement which appears relevant to the matter you are seeking clarification on. This guidance is currently subject to consultation and therefore does not represent the OFT's finalised views on this matter.

 

Further to this, please note that many of the matters raised may hinge on facts which can only be determined by the higher courts and as such the OFT is unable to offer any further advice, in addition to that contained in the proposed guidance, on this matter.

 

We have noted the details of your complaint, and we will continue to monitor Mackenzie's compliance with both the Requirements and the Debt Collection Guidance. We are therefore interested in complaints that details issues which have arisen after the Requirements were imposed. We will consider these alongside any other complaints we receive and would therefore be grateful if you could sign the enclosed consent form and return it to us. Unfortunately, we cannot disclose any details about any action we may take, due to restrictions on the OFT relating to disclosure of information (Part 9 of the Enterprise Act 2002).

 

Thank you again for writing to us and bringing this matter to our attention

 

Yours sincerely

 

 

Olushola Egbowon

Enquiries and Reporting Centre

Office of Fair Trading"

had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

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