How to approach Mackenzie Hall about an old Debt!

[sheldos1]

This is my first time here- hope I have posted this in the right place:

 

I have an old debt from about 4/5 years ago with HSBC which was a student overdraft of £1000 and a credit card of £500. I buried my head in the sand until recently when I got a letter off Mackenzie Hall asking me to get in touch with them. It does not state what the debt is for nor how much for, but I'm pretty sure its HSBC.

 

So what should I do now? I know not to phone them as I've heard they are bullies so I shall start by writing to them but I really haven't got a clue what to write.- Do I send a CCA letter to see if they can prove this debt to start with?

 

What if they can't prove it- Does this mean it is just wiped off my credit report and thats it its all done with?

 

What happens if they can prove it- Do you think I will be able to negotiate my debt to a lower figure and then set-up monthly installments?

 

Sorry about all the questions I'm just really confused at the moment and I've read lots of conflicting things and my head is just spinning with all this information!

[rebel11]

Hi shel

 

Welcome to CAG

 

Don't panic, theres quite a lot you can do.

 

I think you need to find out exactly how old the debt is, after 6 years it becomes statute-barred.

If there are Penalty Charges on the Credit Card, they can be claimed back with Contactual Interest. The overdaft charges aren't as easy to claim back.

You can also send a CCA Request to see if the Credit Card Agreement is enforceable. They have 14 days to respond. Depending on what and when they send documents you can dispute the account. All spreadsheets and templates can be found on this site.

 

It might be an idea to send this letter:- http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

Some of the other guys will respond shortly.

[silverfox1961]

Hi,

It is well known that Muck Hall buy the worst debts to collect on, mainly Statute Barred debts with the hope they can collect.

 

As advised by Rebel, send the prove it letter but DO NOT SIGN IT. Just print your name

 

Make sure you send ALL letters by Recorded Delivery and track them via the Royal Mail website

 

http://track.royalmail.com/portal/rm/trackresults?catId=22700601&pageId=trt_rmresultspage&keyname=track_blank&_requestid=158433

 

Don't worry about their pathetic threats. I have taken them on 3 times for my daughter and 3 times they rolled over (for a tummy rub??)

[rebel11]

Thanks Silver8)

 

I missed out the recorded bit.

[silverfox1961]

Thanks Silver8)

 

I missed out the recorded bit.

 

Senior Moment

[babybear39]

14 working days

[Halibutt]

To clarify, the timescale is 12 + 2 working days (= 14) and that's not including weekends or Bank Holidays.

They have 12 days, plus two extra days to allow for the post.

[dadofholly]

Slightly off topic - i had a dca contact me over a statute barred debt - i pointed out it was SB and that they should not be chasing. They said they could chase but not enforce - is this correct?

 

I did say that as i am now informing them it was SB then further contact from them would be harrasment. They did not argue this point and stopped collecting. But should they be trying to collect in the first place?

[tindwcel]

Slightly off topic - i had a dca contact me over a statute barred debt - i pointed out it was SB and that they should not be chasing. They said they could chase but not enforce - is this correct?

 

I did say that as i am now informing them it was SB then further contact from them would be harrasment. They did not argue this point and stopped collecting. But should they be trying to collect in the first place?

 

No, to continue to attempt to collect a statute-barred debt, after they have been told that it is statute-barred, puts them in breach of OFT guidelines. While the guidelines are not actually law, the law is that Muck Hall do need an OFT licence to continue in business, and so breach the guidelines at their peril. At this point someone usually posts the name of their local trading standards officer and suggests making a complaint

 

EDIT: It's Alan Stewart at East Ayrshire Trading Standards.

[sheldos1]

Thanks everyone you are all so helpful! Well I'm going to take your advice and send this CCA off recorded delivery with no signature. What happens if I hear no response?

 

Also I'm pretty sure that the debt is only 5 years old as I got my student overdraft for uni when I started in Sept 2005 so I dont think its Statute Barred.

 

Will let you know what I hear back off them if anything! Thanks for helping!

[rebel11]

Send them an account in dispute letter the template is in the library.

 

'What happens if I hear no response?'

 

 

[sheldos1]

So what happens if they cant get this original CCA agreement?

 

How do I go about getting the default removed from my credit report?

[rebel11]

It's best to wait and see what they send. Once you receive what they send, scan, post removing all personal details, then the guys here can provide better guidance.

 

So what happens if they cant get this original CCA agreement?

 

How do I go about getting the default removed from my credit report?

[sheldos1]

Thanks rebel1.

 

I'm drafting up my CCA letter now- what do i put down for this bit as I had a credit card and overdraft...

 

'Please ammend paragragh 1 to suit. ie s77 Fixed sum credit such as loans, s78 Running account credit such as credit cards & catalogues and s79 Hire agreements.'

 

Or can I just put 'This letter is a formal request pursuant to s77/s78/s79 of the Consumer Credit Act.'

[rebel11]

Send the s78 for the Credit Card.

Send a SAR Request with a £10 Postal Order for data on your Overdraft, this would include the Overdraft Agreement as well as all statements.

[dadofholly]

No, to continue to attempt to collect a statute-barred debt, after they have been told that it is statute-barred, puts them in breach of OFT guidelines. While the guidelines are not actually law, the law is that Muck Hall do need an OFT licence to continue in business, and so breach the guidelines at their peril. At this point someone usually posts the name of their local trading standards officer and suggests making a complaint

 

EDIT: It's Alan Stewart at East Ayrshire Trading Standards.

 

 

I like the subtle answer

 

By the way thanks for that address - will drop him a line i think.

[sheldos1]

Is this ok?....Also if I'm printing it out do I just leave the signature bit out?

 

 

Dear Sir/Madam

 

Re:− Account/Client Reference Number: xxxxx

 

This letter is a formal request pursuant to s.77- s.79 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account together with a full breakdown of the account including any interest or charges applied and any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which represents the fee payable under the Consumer Credit Act 1974.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I look forward to hearing from you.

 

Yours faithfully

 

xxxx xxxx

[rebel11]

Send the following, just print your name:-

 

This letter is a formal request pursuant to s.78(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.78(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

[sheldos1]

So sorry I'm a bit slow haha , do I actually write my full name out in pen or just leave my typed name?

[rebel11]

Just print name, typed would be fine.