Mckenzie Hall data protection act breached?

[fifi flower tot]

Hi All,

My husband is having numerous phone calls and text messages a week to his mobile, my mobile and his employees' direct line (to the managing director and to the other office phone). To top all of this off they've recently started to send letters to his work addresses including all showrooms and factory (which is where he works.) as a c/o address for him.

 

It's splashed all over the envolope who McKenzie Hall are so it really rather embarressing for him and when they phone or send text messages they state his name, their name and what thier company deals with .

 

I've got a copy of the harassment by phone letter ready to send but I'm just making sure that there's nothing else I should be doing before I send this to them, as I didn't think they would of been able to give so much information out when speaking to people he works with about this debt.

 

Also just to add the debt is from a payday loan which we couldn't afford too pay back in full, (I know I hear you sigh but we were desprate at the time), we have however made every effort to pay this debt but each time we've offered payment we've been told it's too little and it wouldn't be accepted even after sending them details of our expenditure.

 

Thanks in advance for all your help x

[unclebulgaria67]

You MUST get on the phone to trading standards in Kilmarnock where MH are based. There is a guy there called Alan Stewart who deals with MH on a regular basis. See the link for contact details. Give him a phone call with the details.

 

http://www.east-ayrshire.gov.uk/item_detail.asp?UIN=1492

 

This is a major breach of OFT rules, if the debt is nothing to do with the company he works for.

[fifi flower tot]

Hi sorry if i'm posting wrong (i'm using my phone)...its just too answer you as quickly as possible and thank you for your reply.

No the debt is a personal debt and has nothing to do at all with the company he works with, but obviously now he's not lookin forward to goin into work because they ring each work phone at least once a day and they also txt the work phones once a day as well.

As I an writing this I hav just had a txt from them, would you suggest I ring them and tell them I am sending a telephone harassment letter to them and also speaking to the person mentioned above?

Thanks in advance you've been most kind in helping us x

[unclebulgaria67]

Why have you not phoned Trading Standards ?

 

Just do it. Don't give MH a warning. Report them.

 

If this was me, I would go absolutely ballistic. I would go legal and sue them.

[Ell-enn]

DO NOT speak to them on the phone, you will get nowhere - as unclebulgaria stated above, get in touch with the trading standards contct he has given you.

[Revenant]

Hi fifi

Mackenziehall are members of the CSA and so by joining they agree to abide by their Code of Practice (OOOPS sorry)

This is from said C of P

Debt Collection & Default Guidelines

In attempting to carry out collection in default of

payment, members of the Association should:

 

a) Not use oppressive or intrusive collection

procedures.

 

b) Not bring unreasonable pressure to bear on

the debtor in default of payment.

 

c) Not act in a manner in public intended to

embarrass the debtor.

 

d) Be circumspect and discreet when

attempting to contact the debtor by

telephone, SMS, email or by personal visit,

with due regard to the Data Protection Act

and OFT Guidance.

 

e) Ensure that all attempted contacts with

debtors are made at reasonable times and at

 

As you can see from the highlights they just don't give a

Go get 'em

Good luck

R

[Huff&Puff]

Why have you not phoned Trading Standards ?

 

Just do it. Don't give MH a warning. Report them.

 

If this was me, I would go absolutely ballistic. I would go legal and sue them.

 

I completely agree. This is so outrageous, that I really think you should consider legal action.

[fifi flower tot]

Hi to everyone who helped ,

I did as you suggested and gave the the fellow mentioned above a ring, he gave me the number for Mackenzie Halls' complaints manager. I rang him and he was happy to remove all the numbers he had for us and also assured me there would be no letters, phone calls or text messages at work.....Here's hoping he's telling the truth!!

Thanks so much for all yourhelp xx

[sillygirl1]

Write and email them confirming this action, and write to the original creditor again stating that you now need details of their complaints procedure (which they won't have) and then complain to Trading Standards about them.

 

Which payday loan company is it, this might be better reheaded under their name and the thread moved to the Payday loan section of this forum.

[babybear39]

*uck 'all have NO idea/choose to ignore OFT guidlines, CSA codes of practice, the CPUTR 2008 and the DPA!!!

 

Report them to all of the above mentioned organisations.

[harrassed senior]

REQUIREMENTS IMPOSED BY THE OFFICE OF FAIR TRADING ('OFT')

PURSUANT TO SECTION 33A AND SECTION 33D(4) OF THE CONSUMER

CREDIT ACT 1974 ('the Act')

 

REQUIREMENTS RELATING TO:

 

MACKENZIE HALL LIMITED (Consumer Credit Licence Number

5444071, registered office address: 58 Portland Street, Kilmarnock,

East Ayrshire, KAI I JG

 

THE OFT REQUIRES AS FOLLOWS:

1. That as of 15 April 2009

1 .1 Mackenzie Hall Limited will not carry out debt collection activity where it has been informed, in writing, that there is reasonable cause to believe that the debt is in dispute.

1.2 Mackenzie Hall Limited will not carry out Debt Collection Activity where it has been informed, in writing, that the account is statute barred.

 

Debt Collection Activity is defined as:

a) sending debt collection letters;

b) making of debt collection calls;

c) the use of any other medium for the purpose of collecting an outstanding debt; or

d) the acceptance of payments offered against a debt.

 

A debt is considered as in dispute where:

a ) it has been reasonably demonstrated that the debt has been previously paid;

b) a request under section 77 or 78 of the Consumer Credit Act 1974 has not been complied with, and this prevents the agreement being enforced without the permission of the court;

c ) it is reasonably believed that the debt may have been incurred as a result of identity theft or fraud; or

d ) it is reasonably doubted that the person being pursued for the debt is the actual debtor.

 

For the avoidance of doubt, where only part of a debt is disputed Mackenzie Hall Limited may seek to recover any other part of the debt that is not disputed.

 

ANY FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS WILL RENDER MACKENZIE HALL LIMITED LIABLE TO FURTHER FORMAL ACTION BY THE OFT. THIS COULD INCLUDE THE IMPOSITION OF FINANCIAL PENALTIES PURSUANT TO SECTION 39A OF THE ACT AND/OR THE REVOCATION OF MACKENZIE HALL LIMITED'S CONSUMER CREDIT LICENCE PURSUANT TO SECTION 32 OF THE ACT.

 

Signed:

Ray Watson, Director, Consumer Credit Group

Authorised signatory on behalf of the OFT

[Bazooka Boo]

http://www.consumerdirect.gov.uk/contact Will pass your complaint directly to OFT & TS.

 

http://www.ofcom.org.uk/contact-us/ About the misuse of the communications network, and breaching the communications act.

 

http://www.fsa.gov.uk/ About the payday loan company.

 

http://www.csaconsumers-uk.com/page/i-have-a-complaint About there member Muckhall.

 

http://www.ico.gov.uk/complaints.aspx About your concerns regarding the DPA and these muppets.

 

http://www.writetothem.com/ Get your local MP onboard and get him to raise this in parliament.

 

Hello Guests...

[harrassed senior]

[NailPost]

The man you spoke to may have been happy to tell you your details were being removed from their systems but MHall have a tendency to say one thing and then ignore it completely. You need the complaints manager - can you share his name, phone and e-mail address with us? - to write and confirm so when they totally ignore what he says you have something solid to whack this excuse of a company over the head with.

 

As outlined above Mhall have been told to behave or else. Their behaviour stil lies someay below the standard required.l

[taylorit]

Trading Standards aint no help they wont touch this outfit! Perhaps a formal letter of complaint and legal action against trading standards also?

[sillygirl1]

You would need a very very good case against Trading Standards to take them to court. It would be a waste of time and effort.

 

Complaining does get you somewhere and in Mucky Hall's case it usually gets them off your back - East Ayrshire Trading Standards is the one you want and Sam Gardiner is the person dealing with Mucky Hall.

 

Take the 'tested' route first, court could be very costly and very time consuming.

[Fred Bassett]

Failing all that, you could send MH a bag of doughnuts.

[Last of the Mohicans]

You would need a very very good case against Trading Standards to take them to court. It would be a waste of time and effort.

 

Complaining does get you somewhere and in Mucky Hall's case it usually gets them off your back - East Ayrshire Trading Standards is the one you want and Sam Gardiner is the person dealing with Mucky Hall.

 

Take the 'tested' route first, court could be very costly and very time consuming.

 

Funnily enough I just got a phone call off these a-holes about 30 minutes ago.

 

I'll be sending them a SAR in the morning for their trouble.

[taylorit]

Well MH havent replied to my CCA yet and they outside the period and ignoring me letters!

[Last of the Mohicans]

Slightly off tack, but not worth a new thread(?) is there a way to sue these turkeys if they've put searches on your credit file?

[BRIGADIER2JCS]

This is a thread from 2010

If any one posting here has anything useful

to say start a new thead.