Mackenzie hall advice needed please

[clarealex]

Hi, I was wondering if someone could give me some advice please.

 

Last year I defaulted on a quickquid loan and eventually it got passed over to mackenzie hall.

 

They set up a repayment plan of £60 per month. The debt is for £850. This is to be reviewed in two months time.

I have so far kept up wth this plan- itds been roughly 3 months now however now I am really struggling to repay this amount.

 

I am on maternity leave and once essential bills have been paid I don't have much left at the end of each week and I am basically living hand to mouth.

 

I emailed mackenzie hall asking if I could reduce the repayments to £20 per month then review it again after 3 months when I would be in a better position to repay more each month.

 

Here's the problem though- I told mackenzie hall in my email that I had been to see citizens advice worked out my I&E and this was the amount that we felt was a fair and realistic amount o offer as repayment- this I admit though was a lie as I had not been to citizens advice.

 

I felt that if I had told them that I had then it may improve my chances of them accepting the reduced repayment offer-I know stupid of me!!

 

Now mackenzie hall have emailed back and said they can only look at reducing my repayments once I get the CAB office to send in my I&E sheet which of course is not possible.

 

I reallly do not know what to do about this- I have already received one letter at home when I was late making one payment and one letter that was sent to my work place regarding this debt when they first got in touch.

 

I really do not want the other half to find out about this.

 

Any advice on what I can say in reply to Mackenzie Halls request for I&E from the CAB office would be greatly appreciated.

[silverfox1961]

Hi,

I wouldn't worry about your little uintruth. Muck Hall wouldn't spot a small one anyway

 

If you were to send an I&E form from National Debtline, that would be enough

 

http://www.nationaldebtline.co.uk/england_wales/budget_sheet.php?country=england_wales

[The Carpet Cleaners]

I thought that they could not demand to see an I&E form, or rather they could demand to see it, but you are not legaly obligated to send one to them.

 

The only people that you are obligated to send one to are the courts.

 

I thought that you could say how much you can afford and they Mac Hall have to accept it, as the courts will not entertain them if they refuse to accept an offer.

 

I do stand to be corrected though.

[silverfox1961]

I thought that they could not demand to see an I&E form, or rather they could demand to see it, but you are not legaly obligated to send one to them.

 

The only people that you are obligated to send one to are the courts.

 

 

I thought that you could say how much you can afford and they Mac Hall have to accept it, as the courts will not entertain them if they refuse to accept an offer.

 

I do stand to be corrected though.

 

You are quite correct in that they have no right to this info however (and this is the quandary) they are also under no obligation to offer a payment plan without one. At the end of the day (it's midnight ) it's down to the OP whether they do or not

[brokebutnotbeatn]

Just say what you can afford and start paying the reduced amount whilst they throw their toys out of the pram. Sending them an I&E they are not entitled to won't achieve anything. Just say you're on maternity leave so your income is significantly reduced and you have to reduce your payments accordingly. then chenge your standing order and ignore the letters and calls. x

[dx100uk]

they should not be sending or calling your place of work, but in the circumstances.......

 

its your money, you TELL them what they are going to get!

 

simples and no I&E either

 

they'll go nowhere near a court

they'ed be laughed out the door by the judge and prob get LESS than you are going to pay now anyhow from him!

 

dont feel threatened

 

dx

[clarealex]

Thank you so much for your replies everyone.

 

I will email them back and say that they are not entitled to copies of my I&E and that £20 is all they will be getting as that is all I can afford- then let them huff and puff about it.

 

Had they not sent a letter out to my work place then I may of sent it to them just to show willing but I am so angry:mad2: about the letter that they can go without the I&E form now.

 

I will let you know how I get on.

 

Thank you for the link though silver fox that has come in handy for my own personal use.

 

Thank you again

[Kitten1]

Or, what I did with mucky hall was say I have this much coming in, this much going out and this much left for you. Very basic but they agreed to my £5 a month on a £200+ debt. If they had complained, they would have got a pound instead!!!

[clarealex]

Well I have just received this email from mac hall

 

Dear XXXX

 

All debt management companies should send your income and expenditure details to your creditors. I have never once came across one who has refused this information on the basis that they are not 'legally obliged' to send this information.

 

Unless we recieve this information, then obviously we cannot accept your reduced offer as it hasnt been justified.

 

You may well think your offer is fair and reasonable, which I would assume it would be, but again the paperwork has to be sent to back that up.

 

If CAB have indeed taken over your finances then they will write to us with the information, if not we will request this from them directly as a debt management company would not be able to offer their assistance to you without first knowing your full financial situation.

 

Regards

 

 

In my mail I didnt say that the CAB had taken over my finances just that I had been given some advice.

 

Not really sure how to reply to this- may just send them the I&E form from the link above

[dx100uk]

simplre

 

dear mucky hall

 

Can i make it perfectly clear - my financial circumstance are none of your business.

 

I do not have to justify anything to you.

 

You are a debt collection agency, you are not a judge [the only person that may demand such information]

neither do you in fact have any legal standing nor any legal powers.

 

you will get £1 PCM.

 

dx

[dx100uk]

what was the orginal sum borrowed

dx

[sillygirl1]

Report them to Alan Stewart at East Ayrshire Trading Standards, that email is a load of old tosh... they are NOT automatically sent an I&E when you are in a debt management plan, especially if it is self administered.

[Bazooka Boo]

Dear bill & ben.

 

For the avoidance of any doubt, on your part. I have NEVER stated NOR indicated in any way whatsoever that CAB have taken over anyone's finances, least of all mine.

 

I merely stated that I had used an I&E form that CAB use in order to come to the total figure I had offered you.

If you feel that my offer of £20 per month is not satisfactory then you will be well advised to confirm this in writing, whereby I will gladly make note of your letter and pass a copy of it, along with these emails to the OFT.

 

I will remind you that as you have no legal powers, you are unable to demand such private & personal information such as an Income & Expenditure form, as are you unable to refuse all reasonable offers of payment. I do not need your confirmation that my offer of payment is "reasonable", I do not need to have you justify anything.

 

I will also remind you that as this is not a 'priority' debt, you would be wise to accept my offer, failing that, I instruct you to seek immediate court action where a Judge, who will be able to view my I&E, and make an informed decision as to the amount you should receive, and that will more than likely be £1 a month looking at my current financial status.

I look forward to your prompt response and acceptance of my offer.

 

Regards

 

 

Or words to that effect, quite who these fools seriously believe they are is beyond me!

Yes I am aware that sending them an I&E form can help people in your situation, BUT, I wouldn't send them a used postage stamp, that email is puerile and very irritating.

 

Posts crossed! On a go slow tonight obviously!

Edited May 12, 2011 by Bazooka Boo

[clarealex]

The original amount was for £800 back in September after months of already rolling it over.

 

I tried making repayment plans with quick quid but they wanted it repaid over three months which I couldnt afford so I gave up trying to come to an agreement and waited for it to be passed to a DCA.

 

The last email I received from QQ was in October and they said the outstanding balance was £1069.

 

After looking back through my emails to mac hall though I've noticed that they have never actually stated how much is due to them?

 

Thanks for the letter Bazooka Boo- I shall use that as my reply.

 

Only wish I had the nerve to send yours Dx

 

Thanks everyone for your help, I shall keep you updated

Edited May 12, 2011 by clarealex
spelling

[NailPost]

I can recall an instance where MackHall refused to deal with someone who had been to CAB. They gave no reasons but you can probably imagine it was on the basis the advised person would know too much about their rights. I would definately inform the authorities of MHall's behaviour in this matter, especially if they have not even stated the amount owing. That information, at the very least shouldhave been given at the very outset even if it is a figment of someone's imagination in Kilmarnock.

[clarealex]

Latest email received from Mack Hall

 

Dear X

 

I have spoken to a manager with regards to your refusal to provide an income and expenditure, and have been advised that I am correct in saying no payment plan will be accepted unless it can be justified.

 

Regards

 

 

I'm just going to email back and say I have XX amount left each month after priority bills have been paid and that a standing order has been set up to repay £20 per month.

 

If that's not acceptable then they can take me to court as I can't be bothered to keep arguing the toss with them !

[dx100uk]

email back

 

TOUGH!

 

you're getting £1 PCM NOW

 

 

if you want anymore

 

TAKE ME TO COURT

 

COMMUNICATIONS NOW OVER

 

yours

 

THE MUG

[clarealex]

Ok- just emailed mack hall back.

 

Basically put what you have written Dx- thanks for that

 

Told them communications now over- the standing order has been set up so I'll now just sit tight and let them kick up as much fuss as they want !

[Bazooka Boo]

HooRaaaaa!!!

 

God I love your style clarealex, if only others would take control on here like you have..

 

There is diddly squat Mucky pups can do! They will now have to go back to their "client?" and explain that they have been as much use as indicators on a submarine and as powerful as a blown lightbulb...

 

I would even go as far as ringing them tomorrow and asking them if they have received your email? "What do you think about that Muckhall? hey hey? Well what you gotta say about that eh? Oh I'm sorry I can't hear you, is that because you have been firmly put back in your tiny little box? I am the one who is in control, I am the one who asks the questions, not you!"

 

Pay them the SO £1 a month, there is ZERO they can do.

 

Hope you have a good weekend!!!

[clarealex]

Its thanks to people like yourselves who take the time to advise and help people like me that I and many others have finally found

 

the courage to stand up to people like muck hall.

[Bazooka Boo]

It is absolutely ridiculous that any of us continue to put up with these absolutely Dickensian abhorrent underhand anu IMO unlawful tactics used by this corrupt & rotten to the core industry to bully, intimidate, threaten and manipulate normal law abiding members of the public.

The debt collection industry should ALWAYS be treated the same as 'cold callers' and beggars.

[toshyboy]

Hi Clarealex

 

I was just wondering how u got on with this. Did they cave in eventually??