Mackenzie Hall (Quickquid, Payday UK)

[Al88]

I got into trouble early this year with two pay day loan companies I had to stop work and had very little income so couldn't pay them.

I understand that I have to repay what I owe and have kept them up-to-date with everything well in September they passed the accounts to a debt collection agency called "Mackenzie Hall" I made an arrangement with them but due to Natwest defaulting my bank account all my money in that account was lost so the agreement was cancelled they have since sent me many letters and phoned loads of times (which I dont answer) and now sent a letter from Meritforce saying they will take me to court I have emailed them 3 times before this to arrange a token payment until feb when my finances get better but not received a reply from them once what can I do?

I don't really want to get a CCJ because work will find out but what happens next does anybody know? Please help

[Undercover-Elsa]

Hi Al,

Sorry to read of the problems you're having.

Payday loan companies are notoriously unhelpful if you get into difficulties.

As you've been doing, never discuss it on the phone with them.

I doubt they'd risk court if you make an offer of payment and stick to it even if they refuse it.

 

I personally would not use email, you need to establish a paper trail showing that you have tried to negotiate, and get their responses in writing.

 

Decide on an amount that you feel able to pay reliably. Don't put any priority payments at risk..rent/utilities/council tax etc come first.

 

Write to them by recorded delivery stating something on the lines of:

Due to circumstances beyond my control I am no longer in employment and therefore for the moment I regret I am unable to make repayments of £xxxx as originally agreed on this account.

However I am actively seeking work and am not seeking to avoid my responsibilies, therefore I propose to continue payment at £x per month until my situation improves. I stress that this is the maximum I can afford after payment of priority bills, and the amount is therefore non negotiable. Should you seek enforcement through the courts, based on my current income it is likely that an even lower amount would be ordered.

I would be most grateful if you could assist me through this temporary setback by accepting my offer and freezing interest in order that the debt does not spiral.

I assure you that I will contact you again and increase payments when my financial situation improves.

As a gesture of goodwill and in anticipation of your acceptance of my offer I enclose a cheque/PO for £x as my first payment.

 

Please note that I am only able to discuss this matter in writing for legal reasons.

yours faithfully

 

They'll probably froth at the mouth but stay calm and keep paying the same amount, whatever they say.

Let us know how they respond.

 

Just my thoughts - see what others advise too

 

kind regards,

Elsa x

[coledog]

Never pay anyone by direct debit or speak to them on the phone, keep everything in writing.

[caledfwlch]

Out of interest what is the legal status of companies such as Pay Day? I thought with at least some of them there was a possibility of unenforceability, due to them being based abroad, not following CCA74/2006 and so on.

[sillygirl1]

If you got a CCJ there is no way your employer would 'find out' unless you told them, and you are a long way off that so far. There is no legal obligation for a company to inform an employer of a CCJ, in fact it is a major breach of Data Protection.

 

As far as unenforceability goes there is not much room to work in since the Rankine case. Just because the parent company is based abroad doesn't make the whole loan unenforceable.

 

Should they go for court action you keep the defence short and sweet and keep out the legal stuff and they haven't got any room themselves to move or do a detailed defence back.... you can also just admit the original sum borrowed plus one months rollover fee.... not the £2,000 I saw recently being chased for a £300 original sum.

 

They work on fear and ignorance, now you have found this forum you can get out of their trap.

 

Don't forget to try to get another basic bank account set up to protect your income, otherwise you might get a nasty shock...

[coledog]

The big problem with these is the interest that builds up and it may be worth contacting the original creditors to negociate a fair repayment. I don't like the idea of dealing with Mucki Hall.

 

I doubt if they will take you to court as are unlikely to get any more than you can reasonably afford but could be wrong.

[lee79]

See my thread to see what kind of people they are.

You have had no response from them as they actually ignore letters sent to them so definitely send them recorded. They claimed I had sent them no letters despite magically cashing a cheque enclosed with one of these letters.

[sillygirl1]

This is why email to any email address they have is a good backup, email them if you get a telephone call, email them if you get an email, email them if you get a letter. You can attach your letters to an email so that you have a nice trail should they claim you have not contacted them.

[babybear39]

MH are (allegedly) at the very bottom of the DCA foodchain and it's extremly unlikely they would go anywhere near a court with this. A lot of DJs (allegedly) strongly disapprove of 'pay day' type loans because of the horrific interest rates

Edited November 15, 2010 by babybear39

[Al88]

Thanks Elsa,

 

I will do that now I got a letter today from meritforce saying they are coming to my home for door step collection

[Undercover-Elsa]

Hi Al,

It's all part of their standard threat process. They rarely follow through, but just in case send them this too:

 

http://www.consumeractiongroup.co.uk/forum/content.php?410-LETTER-USED-WHEN-A-DCA-THREATENS-A-DOORSTEP-VISIT

 

In the very unlikely event that they did turn up (and please trust me on this, it's important):

They have NO right to come into your house or take goods.

Here's the recommended way to deal with them:

http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members.

 

If they do catch you out at the door or outside, all you need to do is say "Let me stop you right there" if they start asking questions, and tell them politely but firmly that you have taken advice and everything must be in writing. You will not discuss your finances on the doorstep. Please leave my property. Then close the door.

They must leave when asked.

 

But again, don't worry too much..they rarely show up!

 

Elsa x

[Al88]

Hi All Yesterday I got an email from Mackenzie Hal (Quick Quid)l saying they will accept token payments until my finances improve (Feb) from £879 down £35 per month until Feb then make payments of £150 but want all my creditors names and amounts outstanding should I give them this information? I have told them the amount of debt I have and the end date of some of it.

 

Pay-day Uk one with Meritforce have accepted £50 from the balance of £562.50 if I pay the odd £12.50 now which I am going to.

[coledog]

No you don't have to give them this information.

[Al88]

cheers thats what I thought I told them what I pay in a month and the total thats all!

[sillygirl1]

You must NEVER give out detailed I&E information to Mucky Hall, they will then pressure you to make lower payments to other creditors who may have a greater claim than theirs.

 

In fact if they get hold of anything automatically HALVE the amount they are asking and if you can try to make a full and final payment of a third of that - they are getting desparate now as a lot of companies are not selling debt as they need the money themselves.

[Undercover-Elsa]

Make sure you pay them by Standing Order, never Direct Debit.

And I agree with the above. Only a court has the right to demand such detailed personal info. They should consider themselves lucky to get such a good payment offer!

 

Elsa x

[WBB]

I have had similar problems but came to an agreement for monthly payments. However, I recently missed a payment. I have just checked my credit file, and they have logged a "loan" to them complete with payment history. Can they do this, if they are acting as debt collectors?

 

Thanks in advance for any help.