Mackenzie hall

[jey_uk]

Sorry, I do not know how to start a new thread and hence I am posting it on here hoping that moderaters will help me.

 

I have recieved a letter from Mackenzie Hall demanding payments on-behalf of Cabot Financials (£1499.23).

 

The original Lender was Monument (who I believe was acquired by Barclays).

 

With help of this site, I requested to see credit agreement and statement of account. Mackenzie responded with the statements and agreement and this is when the twist began.

1 The very last statement from Monument dated 28/6/2005 lists out that the account was in arrears and about to get defaulted. Balance from previous statement was £1499.23 and after deducting all the fines, charges and late payment charges the balance brought forward was £935.70.

2 In every single statement from Monument they have deducted £6-£7 Payment break plan (PPI) and the total sum adding up to over £200

 

I have disputed the total outstanding balance. Mackenzie responded by saying that it was charges and interest and they are happy to knock it off and demanding the £935.70

 

I have then disputed the fact that I hadn't signed up for the Payment break plan (no tick boxes on signed CCA) and as a result of that I dispute the outstanding amount. Mackenzie aren't prepared to take ownership for this issue and telling me to contact the insurance providers

 

It will be 6 years since the date of default at the end of May 2011 (3 weeks to go) and I sense this is why Mackenzie has revved up their efforts.

 

Please help.... How should I go about this?

[cerberusalert]

Post moved & new thread created.

[NailPost]

Sounds to me you've acknowledged this debt just a few weeks before the matter became statute barred. I hope this isn't the cae. If you ahve acknowledged this matter I'd suggest making a full and final offer to MHal of about 10% of what you have worked out is the final sum owed i.e. less than £100. Its what they would have paid for it at most. Make the offer in writing and insist they remove all adverse informationfrom your credit files. Tell them they have seven daysl to respond.

 

If you have not acknowledged the matter then all you need do is ignore MHall for the next six weeks or so and then when they continue to chase tell them its sb and then they must go away and sulk.

[cerberusalert]

I have disputed the total outstanding balance. Mackenzie responded by saying that it was charges and interest and they are happy to knock it off and demanding the £935.70

Was this over the 'phone?

[jey_uk]

Yes. This was over the phone.

[jey_uk]

Thank you for your response.

I have only dealt with them over the phone and I kept repeating that this account is in dispute.

Also in the written communication when I demanded for CCA and statements, I wrote "Account in Dispute"

 

Do you think that without making a FF written offer, I can negotiate over the phone saying I can only afford £100 or so provided they put it in writing that they will close this account as "settled in full" and clear off the adverse info from credit file.It will be 6 years from the date of default at the end of the calender month. SO would it not get cleared automatically

[harrassed senior]

As said, hang on in there and ignore them, do not speak with them on the 'phone, if they call, tell them in writing only.

 

Let us know if they write.

[cerberusalert]

It will be 6 years since the date of default at the end of May 2011 (3 weeks to go) and I sense this is why Mackenzie has revved up their efforts.

As long as there is no written admission or payment of the debt for six years (five in Scotland) it will become Statute Barred.

 

As said ignore them until they contact you in writing.

[NailPost]

It appears I may have been wrong. If you have only spoken to the lovely people in Kilmarnock on the phone then there is no way you have turned the six-year clock back to zero. You can forget about my suggestion to do a full and final offer. Wait until MHall take the next step and deal with it from there. But don't phone them, don't talk to them, don't listen to their liers on your phone. Everything in writing. Got that?

[BRIGADIER2JCS]

Agreed they will only try to trick into paying with their meaningless time limits and threats.

[jey_uk]

This is what I wrote to them. This is the only communication to Cabot, who MHALL seems to be representing.

Let me know if I had said anything in the letter that may work against me.

[jey_uk]

MHALL.pdf

Cant upload this properly

[NailPost]

Can't read it but I can see the words Account in Dispute clearly enough. If its been sent to Cabot, who MHall often work for, can't see that much wrong with that either but until the letter's put up in a larger format can't really comment.

[cerberusalert]

You stated in the letter you didn't acknowledge the debt.

[jey_uk]

These are the words in the letter

 

Dear Sir/Madam

Account in Dispute – I Acknowledge No Debt to your Company

Reference number: XXXX

Thank you for your recent correspondence and the copy of consumer credit agreement.

In my previous communication I requested you to provide me with a copy of Notice of

Assignment that including the date that you purchased the account from the original creditor

and all the charges you applied on the account. The copy of notice of assignment you sent me

does not seem appropriate as it does not have any of my personal details, account details and

the outstanding balance. It also indicated that the letter was dated 2nd of December 2008. The

document you provided seems to be an output of your standard template with mail merger

fields.

Having reviewed all the statement provided by Monument, I learnt that Monument had

deducted all the charges it applied previously on my account, which reduced the balance from

£1499.23 to £935.70. I also noticed that the balance you stated on your most recent

correspondence equals the initial account balance held by monument prior to the deduction of

charges.

Hence I request a copy of a statement of account which according to 2.2 section e of the OFT

guidelines on debt collection. I expect to breakdown of charges you applied on this account

from the date of purchase and how it summed up to £1499.23.

[cerberusalert]

To be pedantic, you didn't acknowledge the debt all you have done is question the status of the a/c & asked questions about it. It could be construed that you were trying to determine whether it was your a/c in the first place.

[NailPost]

Looks like the ball is in the Cabot/MacHall side of the court and its up to them to respond with the answers to these queries. This may take them a few days - and the clocks ticking. Bear in mind that the date for statute barredness is not the default date but when the last payment/acknowldgement was made (latter in writing of course) so assuming payment was already two or three months late by June 2005 the likelihood is that this is already statute barred and these cretins know it and hope you don't.

[jey_uk]

I had sent the above letter to MHALL for which they responded with the same old CCA and a handful of statements along with a letter demanding for a payment within 7 days.Should I now send a letter saying that the debt is statute barred or should I wait till their next step (as per your suggestion NailPost)

[BRIGADIER2JCS]

I would agree with Nailpost time for SB letter.

[NailPost]

When you state an account of any sort is statute barred it is up to the collector to prove it isn't by showing you documentary proof when the payment was made, where, and for how much. Unless they have the details they have to go and play with traffic on the motorway.

[ims21]

Also be aware that some of these outfits come up with phantom payments to try and throw you off.

 

ims

[NailPost]

They can try and claim the "phantom payment" trick but they have to tll you when, where and how the "payment" was made and that can then be checked with the bank involved. If they try this trick, and you can show the "payment" was not made (I'm putting that in its mildest form) you can then claim the collector is trying to get money from you under false pretences and a complaint to the police would be in order as well as complaints to all of their so-called regulators.

[ims21]

They can try and claim the "phantom payment" trick but they have to tll you when, where and how the "payment" was made and that can then be checked with the bank involved. If they try this trick, and you can show the "payment" was not made (I'm putting that in its mildest form) you can then claim the collector is trying to get money from you under false pretences and a complaint to the police would be in order as well as complaints to all of their so-called regulators.

 

 

Agreed

 

Just wanted to make the OP aware that some of these companies try all sorts of tricks to fool you into sending something in which might be construed as acknowledging the debt and thus resetting the SB clock.

 

ims

[jey_uk]

What is an OP?

[BRIGADIER2JCS]

THE Original poster of this thread.