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Makenzie Hall - sent us someone else's personal details/agreement


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Hi,

 

My partner has been pursued by Mackenzie Hall for a credit card debt we know is not his for years. The first and surname is correct but the middle name incorrect. We have asked them a number of times to cease their harassment and requested a copy of the agreement and who the debt is owed to. Today an agreement arrived but it is NOT my partner's as we knew because we have never had a credit card. This agreement lists the other persons date of birth, no of dependants, address, previous address and bank account details!!!! It also has a letter attached to it that the debtor has written to the credit card company also including personal details about their financial status, employment and savings. This cannot be legal or ethical!

 

We are furious and want to take some advice form you guys so that we handle this in the best way possible because these people need to be stopped!!! Who do we complain to first, and would it be an idea to contact this person's bank (not the same bank they held their credit card with) and let them know personal accounting details are being passed to strangers?

 

We really want these people stopped so want to calm down and then take the appropriate action against them.

 

Cheers,

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Hi,

Now that you Know and can prove this isn't your debt, contact Muck Hall and tell them Also tell them that you will be reporting them to Alan Stewart at Ayrshire Trading Standards and also the Information Commissioner.

 

It may be worth writing to the debtor in question and letting them know that Much Hall have sent you their agreement although that may be fruitless as they may have moved (hence the chasing)

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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Definitely. As a minimum tell Alan Stewart and the I.C. It may - as you have proof - contacting the press/watchdog etcBut, I suppose this set of unprofessional, unethical imbeciles will wriggle out of it in some way

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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MH have done this before & as said earlier complain to Alan Stewart who is compiling an extremely thick file on the Ayrshire cowboys.

 

Personally I would contact the person who's details you have received and advise them of the situation. Because of the breach of the Data Protection Act it puts them in the position where they can claim compensation and ultimately wipe any debt they may have with MH, I would suggest you give them details of CAG too where we will be more than happy to advise them both of their legal rights but also how to make things extremely uncomfortable for MH. ;)

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Yes, Alan Stewart is the person to contact, you could also try your local MP, it is a clear breach of Data Protection and very much against the Human Rights Act as well.

 

They don't seem to learn and need to be closed down immediately and their directors barred from being directors of a DCA/Tracing company ever again.

 

I still remember the idiot from Mucky Hall who phoned me at work and said he would tell my employer I was in debt and my employer would sack me, I said if I was sacked I would put his name down on the DSS forms as the reason I was sacked and MH would not get any money from me. Alan Stewart dealt with them on that occasion and they have been silent on my part since.

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I'd be complaining as others advise and send a copy to the original debtor telling them they can pursue for compo. Point them in our direction them we can turn the screw on Muck Hall.

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Here's bit more ammo for you

The OFT imposed "Requirements" upon Mackhall last April . . .

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

 

In particular the section "A Debt is considered as in dispute where" . . d)

If you've already advised them this debt has nothing to do with your partner they have breached the "Requirements" and deserve another severe slap

Good luck

R

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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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Breach of the DPA is a very serious matter and can attract a large fine and/or prison sentence ;) Make sure you report this ASAP to the ICO but keep a copy of it yourselves incase 'things get lost'.

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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.

 

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Cheers folks, looks like we have lots of letter writing to do. We wrote to MH back in Feb quoting the recent slap they got and they come back with this ...not got many brain cells have they!! Will try to write to the original debtor but doubtful it will be the correct address as this agreement dates back to 1995 so likely statute barred anyway! This firm really are bottom feeders aren't they!

 

Thanks all :)

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:wave: Hello Guests!

Give these guys a ring and they will pass it straight onto the OFT & TS for you.http://www.consumerdirect.gov.uk/contact

 

Heres the ICO http://www.ico.gov.uk/complaints.aspx

 

And your local MP http://www.writetothem.com/

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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Depends on how the searches are recorded.

 

Although I do believe that anyone searching your CRF must have your express permission, which these clowns clearly do not, so that will bring to question the credit reference agencies (CRA's) and the debt collection agencies (DCA's) as to their working practices, we all know that DCA;s pay CRA's to allow incorrect data to be placed on random peoples files for no legitimate reason, which is why people MUST issue damages claims against not only the DCA's but these unregulated CRA's as well.

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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Make sure you take photocopies of everything and when writing to MH send by recorded delivery so you can print off the signature receipt from the royalmail website (otherwise they will just deny receiving it). These idiots just don't know how to play by the rules, and you have some great evidence to use as another nail in their coffin.

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