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    • Hi All, before I start I know there are similar threads of the topic I am raising, and each, of course, has its own unique scenario, which may benefit others. My case is as follows: 1. I saw a gumtree ad on the 16th of Oct 2020 for a Mercedes E220 CDI, priced at 7,500 2. I called the seller and said I will come over on the 17th of Oct 2020 to view. 3. On the 17th of Oct 2020 I went to his place where he is working and viewed the car. He is working for a major car rental company. I checked the car and of course asked the normal things to ask e.g. any insurance write-offs, loans, accidents, etc. The seller said the car is clean etc.no loan, he had a loan but all is paid off etc. and he has the papers. 4. I negotiated the car price to 6,800 because the rims were showing some signs of damage, the rear light had a small burst, cosmetics, etc. I checked all but did not see any sign of damage to the car (it's a black car, the car was a bit dirty, and the sun was already setting in) 5. We agreed on 6,800 and decided to purchase the car. We went into his office, where I paid cash, and also got a Car Sales Invoice with all details of the seller, and a V5C green slip 6. I purchased car insurance and drove off. I asked him about Road Tax and he said Road tax is paid so I have not to worry, just need car insurance. 7. On 18th of Oct 2020 I cleaned the car interior because it was really dirty inside - it took me a few hours so decided to clean the exterior the next day 8. On the 19th of Oct 2020 I went to clean the exterior and after the car was clean I noticed some parts were resprayed. I became a bit suspicious; so on the 19th of Oct 2020 in the eve, I went on the internet and run an HPI check. The outcome from the HPI did not show any accidents, insurance write-off but an outstanding Loan with Moneybarn. At this point, I thought maybe the database is not updated, etc. 9. On the 20th of Oct 2020, morning, things were going through my mind; the seller said the car is clean, no issues, no loan since he settled all etc. but the HPI reports say there is still some outstanding loan. So what I did, I called Moneybarn, and explained the situation, and gave them the contract number as well (since it was displayed on the HPI report). They said they will send me a form by email, but they cannot share any information due to Data Protection (GDPR). fair enough I thought, but what made me boil, they said they OWN the car! So, I took the car and drove to the seller where he is working. I confronted him. He said don't worry, I will handle it, he has no time, he is very busy and bla bla bla. I said what reasons do I have to trust you, you lied, and now you say you still have a debt, etc. So I said I will not leave until he has settled the debt, or repay me my money. I also asked what is outstanding, he said around 7,000. Well, since I confronted him at his workplace he may have felt the heat, he assured he will settle all soon, I said sorry, I need a date, so I said you will settle the debt with Moneybarn by 23 Oct 2020, if not, you will refund me my money. He said Ok he will do it, so I said, since I don't trust you, you will sign a piece of paper, and sign it. On the paper, he wrote "I will clear the debt for the Mercedes by Friday" and signed it. I said I am not happy and added the debt details with contract number, and also a clause that if he fails to settle the debt with Moneybarn by Friday the 23rd of Oct 2020, he will refund me my money, 6,800, and sales of the car Mercedes, license plate, will be void. Also, I said to put an initial on each amendment I made with signature. He did, and I left. 10. On 22 Oct I sent him a message, to remind him to settle the debt by Friday 23 Oct 2020 noontime and also I outlined some legal jargon I had to sent that I received from citizensadvice. 11. On 23 Oct, morning time, I received a message from the seller, he said he will not/cannot refund me the money, not to visit him at his office or place, and that he feels threatened by me. 12. Now, the dilemma/headache; a). I received the form from Moneybarn on the 20th of Oct 2020 and I have to send it back within 7 days b). the seller send me a message he will not refund the money c). is the seller holding the title with Moneybarn or did he also buy and not knowing there is an outstanding loan on it d). did he sent the V5C to DVLA since I have the green slip? e). Shall I fill in the form and sent it to Moneybarn? f). If Moneybarn has all my details they may send someone to repossess the car? 13. I decided, I will not undertake anything yet, because my mind said, go there, confront him, park the car in front of the company since I purchased it there and signed all paperwork in their office, they will call the police, the police will come and surely will not do anything but will force me to remove the car and park somewhere else, record all on camera, take all evidence, sent to Moneybarn and at the same time to the seller's employer (when I asked him to sign a letter he will settle the debt by Friday 23rd of Oct 2020, he used a paper of the car rental company, and on the back, the logo of the rental company is displayed clearly and he may have acted on behalf of the company to sell me the car, after all, I don't know if he holds the title with Moneybarn - well, this is an excuse for me to even sue the car rental company, or blacklist him with the company he is working for since it seems he is some type of manager there and he may have acted in the capacity as a sales person to sell the car to me on behalf the company....). 14. So on the 23rd of Oct 2020, I didn't do anything like described under 13....it's not my style as such I called AWH solicitors, explained all, and they said one person is specialized in dealing with such cases and will call me back after studying my case and inform me if it is something they can fight or not. So they will call me Monday the 26th of Oct 2020. I also said I want to go now and confront the seller, but she said better wait till Monday, and if they can fight the case, they will tell me the next course of action - but my funds are limited and cannot afford a lengthy battle, because if no case against Moneybarn means I will have to sue the seller to the court which will cost me. The car has comprehensive insurance and with all this saga I added on the 20th of Oct 2020 also legal insurance on top. Lengthy story, but I am trying to be as detailed as I can, and yes I should have done an HPI before buying the car, but I am from Holland and car sales work there a bit different, and this is my first time I buy from a private seller. Well, once I have sent the form to Moneybarn, I will park the car in a garage, and at this stage, I am renting a room in a house (there is one more tenant). Since I am from Holland, I am planning a trip within 2 weeks to visit my family and I will drive down with the car and in the meanwhile wait if the solicitor can be of any help. I need some advice though, I am still planning to drive down to the seller on Tuesday after I talked with the solicitor, park the car in front of the company, and confront the seller, and try to record all. I will also try to make him sign a letter that I purchased the car in good faith from him (regardless if he holds the title with Moneybarn or not but at least I purchased in good faith from him). Evidence that I have: 1. Car sales invoice 2. Paper that I made him sign 3. Gumtree ad; I could retract this from google history, but the original add removed from gumtree. At least I can show it was advertised 4. I tried to create a history of past owners, total owners including me are 5. It seems the car was also posted on gumtree before by a company in Essex (I saw on google). The reason for doing this, it is very likely that the seller purchased the car from someone else with an outstanding loan. Since then I read a lot on the internet, so please any advice is welcome to pursue my case, I paid a lot and at least I want my money back. Also what I read so far, Moneybarn is not easy to deal with...thanks in advance for any advice I can use for my case.
    • Hi   I think you need to check not just the serial number but what Meter Point Reference Number (MPRN) as the MPRN is what is registered and energy supplier go off as well as the serial number.   So you need to see what the MPRN is as well as the energy supplier it is registered with.   If you look at this Ofgem link: https://www.ofgem.gov.uk/consumers/household-gas-and-electricity-guide/connections-and-moving-home/who-my-gas-or-electricity-supplier   In the above link to do this check it gives a link to:   Find My Supplier: https://www.findmysupplier.energy/webapp/index.html (note you may have to complete a captcha, then input your postcode only and click find my address, when the list comes up click on your exact address, you will then see you actual MPRN and the energy supplier linked to your address)   With the above make sure and take the details of the MPRN and the Energy Supplier, better still take a screenshot/pdf the webpage.   Please let use know if on doing the above it matches your current supplier?  
    • I had exactly the same issues.   Grossly over estimated bills from January onwards.  Despite what they claim, they are effectively taking an interest free loan from their customer base to keep the company in business.   They can dress it up how they like.  It’s irrelevant if they reconcile the bills the following month because they just over bill again thus keeping a rolling interest free loan.   it took two months of constant badgering to be finally moved to a fixed DD.   Once that was done I didn’t care how much they over-estimated by.   I had raised a query with the ombudsman over the billing fiasco and they readied a complaint should I wish to proceed.   I thought everything was sorted until May/June whereby I was allegedly more in debt then I was expecting to the tune of an extra months DD.   On querying it, it transpired that even though I was on a fixed monthly DD, because the bill was generated less than 5 days before the DD was due to be taken they didn’t take the DD.   They offered £5 compensation by way of apology but wanted to take two months DD in June.  I told them where to get off.   With appalling customer service,  bills that you need a Maths degree to follow, and I do have one and still struggled, inability to follow through on any agreements, constant gross over-estimation, the missed DD was the final straw and I proceeded with complaint to ombudsman.   Prior to getting to that stage I had to quote Symbio’s own complaints procedure to them to get any sort of response.   Their final offer to me was £25 goodwill and to waive an exit fee. The offer was derisory given the time it had taken to get things sorted and the continuing ineptitude.  Also, the whole thing has dragged on so long (5 months) I was already in the final 49 days of my contract and therefore there were no exit fees to pay and therefore nothing to waive.   Anyway, upshot is, ombudsman found in my favour.  Ordered an apology and a goodwill payment. Symbio appealed but were told the decision stood.   This week I received the goodwill payment.   I promptly left an honest and truthful review on trustpilot.   The next morning I received an email from Symbio with an apology.   This was followed an hour later with an email from trustpilot saying Symbio had replied to the review.  On reading the response they have accused me of not following procedure and of cyber bullying.   The company is a complete joke.
    • why not simply tell you supplier they have the wrong meter number you been paying for usage , and ofcourse you can view this online too so its not as if you'll owe anything you might get a nice surprise and find you are owed a refund.
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Mckenzie Hall data protection act breached?


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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 :evil:.

 

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

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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.

We could do with some help from you.

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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

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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.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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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.

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Hi fifi

Mackenziehall are members of the CSA and so by joining they agree to abide by their Code of Practice :lol: (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 :censored:

Go get 'em

Good luck

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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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.

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Hi to everyone who helped :wink:,

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

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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.

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*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.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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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 collectionlink3.gif 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

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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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.

 

:welcome: Hello Guests...

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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6f422114.gif

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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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

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  • 1 year later...

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.

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

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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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.

In knowledge lies wisdom

 

Mo - not even a bar-stool lawyer, but I'll help where I can...

 

 

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This is a thread from 2010

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to say start a new thead.

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