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    • what rights of access do you have on your agreement with the landlord?   i suspect you shouldn't have to pay a thing.
    • then there is your proof to them why would you pay for BB twice!!   for my notes: GENERAL NOTES ON CHARGEBACK & Continuous Payment Authority & BACS   .....  We have been telling people to put a letter into their bank instructing them  not to make any payments under any circumstances to these companies  . http://whatconsumer.co.uk/visa-debit-chargeback/- it works! usually this should be done using the number on your debit card  .  banks MUST follow written intructions from their customers ! . CANCELLING YOUR DEBIT CARD DOES NOT STOP CPA'S  .  This fsa guide has now been updated:  . http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf http://www.fca.org.uk/news/continuous-payment-authorities-your-right-to-cancel https://www.fca.org.uk/consumers/unauthorised-payments-account  .  Here's the text:  .  Cancelling a regular  card payment:  .  When you give your credit or debit card details to a company and authorise them to take regular payments from your account,   such as for a gym membership or magazine subscription,  it is known as a ‘recurring transaction’ or ‘continuous payment authority’.  . These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.  .  In most cases, regular payments can be cancelled by telling the company taking the payments.   .  However,   you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.   Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.  .  Be aware, though, that you will still be responsible for paying any money that you owe. and that CANCELLING YOUR CARD WILL NOT STOP THE CPA  .  ..  .  New june 2013  .  Regulator orders Banks and mutuals to review complaints about not cancelling recurring payments from November 2009.  .  Consumers who have set up a regular payment from their account will now be able to successfully cancel that arrangement   by contacting their card provider, the Financial Conduct Authority said.  .  The FCA has been examining how easy it is for customers to cancel Continuous Payment Authorities (CPAs)   due either to payday lendersicon or for other regular payments such as subscriptions or gymicon memberships.  .  CPAs, which are also commonly called recurring transactions or recurring payments,   are relatively easy to set up but can be hard to cancel, causing problems for consumers trying to manage their finances,the FCA said.  .  Now, following the FCA review of how the largest high street banks and mutuals process requests to cancel CPAs, they have agreed that they will ensure that when   a customer asks for a recurring payment to end, that will be sufficient to cancel the arrangement. They have also confirmed that should a payment go through by   mistake following cancellation by a customer the customer will be refunded immediately.  .  In addition to securing this commitment, the largest banks and mutuals have agreed to review every individual complaint they have received about the non-  cancellation of a CPA and to pay redress where payments have continued to be made despite the customer cancelling the arrangement. This applies to all complaints   since November 2009 when the Financial Services Authority, the FCA’s predecessor, began regulating banking conduct.  .  Clive Adamson, the FCA’s director of supervision, said: “It’s important that consumers are confident that banks are meeting their everyday banking needs. Today   customers can be confident that when they ask for a Continuous Payment Authority to be cancelled – it will be cancelled - and that it can be done easily.   . “We recognise that historically this is an area where some customers have struggled but the banks and mutuals have responded positively to our work on this issue.   From now on we expect them to be getting this right. In addition, they have committed to review past complaints.” .  .  Also mentioned your displeasure that as whomever took your money had obviously attempted this many times   probably activating your banks own anti fraud software - nobody had the decency to inform my you this was going on.? .  .In the FSA's own words:  .  ..  What should I do about a payment from my account that I didn’t authorise?  .  Your bank must refund an unauthorised transaction.   Money can only be taken from your account if you have authorised the transaction   or if your bank can prove you were at fault –  . see below.  Contact your bank immediately if you notice an unauthorised payment from your account. .  If you are sure you did not authorise the payment, you can claim a refund.  .  However, your bank does not have to refund you if you do not tell it about the payment until 13 months  or more after the date it left your account.  .  Your bank must refund an unauthorised transaction  .  ------------------  .  Your bank may only refuse a refund for an unauthorised transaction if:  .  ? it can prove you authorised the transaction  – though your bank cannot simply say that use of your password,   card and PIN proves you authorised a payment; or .  ? it can prove you are at fault because you acted fraudulently,   or because you deliberately,   or with gross negligence, failed to protect the details of your card, PIN or password in a way that allowed the transaction  .  -----------------------  .  How quickly must my bank refund me for an unauthorised transaction?  .  The bank must make the refund immediately unless it has evidence that one of the above reasons applies.   Your bank may ask you to answer some questions and fill out a form confirming what has happened,   but it cannot delay your refund while it waits for you to return the form.  If the bank has evidence that one of the above reasons for refusing a refund applies,   it may investigate before making a refund   but must look into it as quickly as possible.   If your bank rejects your claim for a refund it should explain why.  If the transaction was on a credit card, the refund may not happen immediately.   But the card issuer cannot charge interest or ask for repayment of the amount unless it can prove you are liable to pay        
    • Only asking because I want to get my facts right before I approach the bank! Yes, BT is coming out of the same account.
    • not if they want to make the OP the named claimant no!! let them take the other party to court themselves!! the op can be a witness then..   one bitten...read this thread..      
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bobneedhelp

Mackenzie Hall Letter - What Action Should I take Now? Please Help!!!

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Hi,

 

I received a letter yet again from this Debt Collection Company - Mackenzie Hall. WHAT DO I NEED TO DO NOW? [/b Please Advice. Thanks.

 

As far as I can remember, I do not owe any debt to this company. Previously I had matters from others debt agency but managed to get them all sorted by with the help from this Forum. All those previously alleged debts has now been cleared despite having to attend court on several occasions,that was in 2008 or thereabout.

 

This letter came from Mackenzie Hall a couple of weeks ago. The letter writes:

 

Dear XXX,

 

We are attempting to contact the above named person regarding a personal matter.We have been provided your address as being the possible residential details for our subject.

 

Therefore if you are the person above, then please contact our office immediately on telephone 0844 411 5630*quoting reference numberXXXXXX. whereupon further detailed information can be provided.

 

If however you are not the person named above and/or have information regarding the persons possible whereabouts, please contact our investigation team in confidence on the alternative telephone number or email address below.

 

Tel: 0844 411 5630*

Address ID: xxxxx

Email: goneaway@mackenziehall.co.uk(Subject: Not known/Goenaway)

 

We are looking forward to hearing from you as soon as possible.

 

Yours sincerely

 

Jayne Kasper

Mackenzie Hall Ltd

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Ignore it.... it's a phishing trip.

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Hi bob

If Mackhall continue to write just send the a basic no acknowledgement letter and remind them that are already under OFT Requirements re chasing disputed debts

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

 

You'll find a section that refers to chasing someone when they're not sure

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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Dont forget to report them to Alan Stewart at East Ayrshire Trading Standards... their letter leaves a lot to be desired, either way if you contact them they will pass the info onto their mates, the CRAs and you will end up with problems on your credit file because of this.

 

It is a crazy system which allows the continuing collection and reporting of data way beyond reason.

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I have a letter from these guys, they continually register credit searches as BAD DEBT on my credit file and make the searches public, its been about 15 years since I was in debt!!!

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Now what! Do I I simply IGNORE this letter and not reply to Mackenzie?

 

And if I wrote to complain to OFT and this person Alan Steward (East Ayrshire Trading Standard)- Is there a template letter? or a guidance letter? for this particular purpose.

 

I am unsure that if I ignore then they will continue writing and then take court action against me. This is a worrying issue for me as in the past, this is what other debt collection agency has done by putting a Charge on the Property or issuing court claims. Those was very unpleasant experiences which happened in the past.

 

Please continue advising so I know what EXACTLY that is needed to be done in order to get this matter closed!

 

Many thanks ALL:)) Greatly Appreciated.

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Now that you have had this letter, you will probably get more communications from you. If they can find a landline telephone and/or mobile you may start to receive calls or messages.

 

Debts do float around the collection system, so this could well be a debt you thought had been resolved awhile ago.

 

Suggest that you check your credit records with the CRA's. Experian, Equifax and Call Credit all offer free trials, if you remember to cancel. Records do vary, so worth checking all. MH will have found your new address via the CRA's so don't worry about them picking up any information following your checking of the records.

 

Also check the records for any CCJ. If you have moved, it is possible that one was obtained by default using an old address. http://www.trustonline.org.uk/

 

Once you have checked the records, then wait for MH to contact you again with a proper letter setting out details of the debt they are chasing. Keep things in writing only. Never discuss on the phone.

 

No point complaining to Trading Standards yet. See how things develop. You never know, they might not contact you again.


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The letter is a clear breach of OFT guidelines and the CSA code of practice. Report them to TS and the OFT via consumer direct and also to the CSA which is their trade body :)


"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 ;)

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The reason I said not to reply is because it is clearly a phishing trip. They're asking you to confirm who you are and if you do so; either by phone or by letter, you'd be playing into their hands. Creditors/DCAs are unlikely to go straight to court after such correspondence because they don't know who they're sueing.... If you've been taken to court in the past, the it's likely to be after much more specific correspondence which was either ignored, delayed or lost in the post... in which case you could have gone for a set-aside on the latter 2 grounds.

 

My advice would be to ignore this particular correspondence until/unless you get something more specific. I have had several of these kind of things over the years (one from Mack Hall) and no further contact.

 

One last thing.... if you check your credit file, they'll be all over you like a rash because you're "inadvertently" confirming who you are to the CRA... which they can access.... so don't. Not yet anyway.

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The advice given not to reply at the moment sound reasonable and I will do so.

 

Until the next letter from MH, I will POST it here for further help and advice.

 

Many thanks everyone:)

 

Bob

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The advice given not to reply at the moment sound reasonable and I will do so.

 

Until the next letter from MH, I will POST it here for further help and advice.

 

Many thanks everyone:)

 

Bob

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Hi All,

received another letter today from MH. letter writes:

 

Dear xx

This notice is being given to you as required by the Consumer credit Credit Act 1974 because you fell behindwith your payments under this agreement with your original creditor.

 

Statement xxx

 

Please note that the statement may include payments which are yet to clear and may be removed should they fail to do so.Any recent payments not yet showon the statements. Should you have any other queries regarding the above account, please contact our customer relations departments on 0844 411 5630.

 

yours sincerely

Craig Bryant

MH

 

PLEASE advise what do I do now? As far as I can remember I do not owe any debt. There has been previously but they were all clear and sorted by the Courts (Statute Barred > than 6 years with no contact and communications)

 

I am feeling really uncomfortable and stress over this and think this is all starting all over again.

 

CAN I write them a CCA letter requesting for full details about this allege debt which I do not even remember or Shall I write a letter regarding Statute Barred.

 

PLEASE HELP!

 

Bob

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double posting - deleted to avoid replication

Edited by bobneedhelp
double posting - deleted to avoid replication

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Statute Barred letter, if its over 6 years old send it off and forget about, they cannot do anything, they cannot make your credit file, no defaults no CCJ's nothing, they cannot take you to court, you can statute barred and bin all the letters from them.

 

Dont worry about it. legally they are fooked, if they keep sending letters call complain about them to trading standards, some guy called Alan, cant remember his surname, but search for these cowboys on here and theres a thread about them getting ass kicked by trading standards, write off to him about them harrassing you.

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i would not reply to mucky hall

 

use the TS route

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Mackenzie hall appear to have an aversion to responding to letters that don't contain money or offers to pay. Yet under the terms of their Consumer Credit Licence they must deal with any disputes. Send them the statute barred letter as suggested by recorded delivery and sit back and forget about them. If they continue to send you letters or make calls etc report them to all the relevant authorities. Have no qualms about doing so because they certainly wouldn't think twice about harrassing you.

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Yes I agree that you should send the statute barred letter by recorded. Then if they continue to hassle you inform Trading Standards.

 

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

 

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


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dx110uk

 

i would not reply to mucky hall

 

use the TS route

 

dx

 

I am getting mixed suggestions? Do I just write to TS (address and name please?) and just enclose letters that MH is harassing me. Then what? I do not write to MH with a CCA requesting full details about alleged debt and if any is statute barred as alleged debt has been over the 6 years without any form of communications.

 

HELP Again please. :))

 

Bob

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You need to be able to show Trading Standards, the Office of Fair Trading and the Financial Ombudsman that Mackenzie Hall have been ignoring your letters and that they are continuing to chase a statute barred debt. As I said earlier they do not reply to letters that don't containcash or promises of cash. Sending letters by recorded costs about £1 but is worth much more if these cretins continue to send you letters demanding money for an account you know is statute barred and which you have told them is statute barred. In this way they are digging their own grave. But you must be able to show the authorities that you have told them.

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okie will write a letter stating that allege debt is over 6 years and statute barred. Will write letter and post here to confirm that letter is acceptable.

 

Thanks:)

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look in the library top left tab

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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This is the letter drafted put to MH stating that allege debt is statute barred and requesting for information on the allege debt. PLEASE HELP AND ADVISE. MANY THANKS. :) Bob

 

My Name and address

 

MH and Address

 

Re: xxxxx

 

You have contacted me regarding the account with the above reference number,which you claim is owe by me.

 

I would point out that under the Limitation Act 1980 Section 5 states that " an action founded on simple contract shall not be brought after the expiration of six years from which the date on which the cause of action accrued ".

 

I would also point out that the OFT say under the Debt Collection Guidance on statute barred debt that, " it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period ".

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contract from me in the relevant period under Section 5 of the Limitation Act, I suggest that you no longer be able to take any court action against me to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that, " 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 Act1970".

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

I look forward to your reply.

 

yours faithfully,

 

Name BUT NO SIGNATURE

 

Please advise if this letter is acceptable or if I need to add anything else. Thanks again.

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Hi All,

 

Found the library and rewrote letter - is this acceptable? or could post #22 sufficient? Thanks. This will be my first letter written to them.

 

(Address)

 

(Date)

 

Dear Sir / Madam

 

For the purposes of clarity and the avoidance of doubt, please take careful note of the following :

 

1. This letter is sent to you to avoid any “miscommunication” and to give an unequivocal statement of intent.

 

2. This letter does not acknowledge any debt owed to you or your affiliates, agents, owners or otherwise.

 

3. I understand this debt was last acknowledged over 6 years ago and falls within the remit of s.5 of the Limitation Act 1980 (which, in case you need reminding, states that an action founded on simple contract shall not be brought after 6 years from the date on which the cause of action occurred).

 

4. I am now of the view that your actions are of pure harrassment and in breach of CPUTR 2008 in line with the Office Of Fair Tradings guidance on debt collection.

 

6. The same guidance states it is unfair to pursue a payment after a debtor has already stated they will not be paying due to it being statute barred. I am informing you once again, that even if the debt were mine, I would not pay it.

 

7. I am sure you are also aware of the provisions of the Protection from Harrassment Act, which makes it an offence to harass a person with a demand for payment, or concerting with others to do the same. Whilst the Act provides relief, it is available only where it is permissible in law to take the offending action (which, as pointed out, it is not lawful as it is statute barred), as well as that action being reasonable.

 

yours faithfully,

Name but NO Signature

 

If this letter (Post #23) is acceptable I will send it instead of letter in post #22. Thanks for help.

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dx100uk,

 

Many thanks for Library. Have read and taken one of the guide and posted -hope it is the correct one to be sent as this is my first letter to them.

 

Bob

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TBH re-reading this situation

 

as you know nothing about what debt this may relate too

 

pers i'd not send anything

 

let them play their cards and p'haps real what debt they are going on about

 

sit tight

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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