Mackenzie hall help!!!!

[mudbutt]

I had a payday loan from quick quid i owed them £264 ... they sold this debt to these(Edit) they have called me several time but i have not spoken to them i made the mistake of ansering their emails because im trying to sort out my debts so i thought i would send them a full and final settlement which they declined and a few days later they defaulted my cerdit file i am so ****ed off with myself for emailing them at all but anyway this is what i am facing now. they sent me this letter..

 

DEFAULT ON FIXED SUM LOAN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

APPLICTION FOR COUNTY COURT JUDGMENT

 

DEAR MR MUD

 

WE ACT FOR MACKENZIE HALL DEBT PURCHASE LTD. WHO AS YOU WILL BE AWARE ACQUIRED THE ABOVE ACC FROM QQ.

SINCE YOU HAVE NOT MADE PAYMENT TO THE ACC , WE WILL HAVE NO OPTION BUT TO TAKE LEGAL ACTION AGAINST YOU.TAKE NOTICE THAT UNLESS THE ACC IS PAID IN FULL OR YOUR REASONABLE PROPOSAL FOR SETTLEMENT ARE RECEIVED WITHIN 7 DAYS THEN LEGAL PROCEEDINGS SHALL BE ISSUED AGAINST YOU IN COUNTY COURT FOR RECOVERY OF FULL AMOUNT . THE PROCEEDINGS WILL INCLUDE ADDITIONAL CLAIMS FOR LEGAL COSTS AND INTEREST...

 

not sure what to do now please advice thank you.....

Edited September 27, 2011 by maroondevo52
Removed unsuitable word.

[maroondevo52]

Hi, mudbutt.

 

I've moved this thread to the Debt Collectors Forum.

 

Regards.

 

Scott.

[Crocdoc]

It is nothing more than a standard begging letter aimed at frightning you into reponse. Calculate wht you can afford to pay and make them an offer in writing.

 

As for the Default that would happen in any case.

[mudbutt]

do you think it's worth me sending a CCA to them

[BRIGADIER2JCS]

You ca CCA them if you want,

but be aware this no longer prevents

the taking action if they want, but MH

will usually hold until the CCA is provided.

[mudbutt]

Thank you for all the advice i have an Update on Mckenzie hall vs me... I sent then two CCA requests for two different debits, first one was sent 13/09/11 i got no reply so i fired off an ACC IN DISPUTE letter on 06/10/11 i got a reply yesterday from the first one with my £1.00 postal order ( we have contacted our client for copy of agreement and statement of your account. Your Acc is currently on hold. Please be assured that no action will be taken against you. Should we not receive the relevant proof from our client within 40 days we will close your file and return the file to our client. Our client will then decide what steps to take). What should be my next step now ?? Still waiting for second CCA for different debit .......

[Crocdoc]

Sit and wait

[BRIGADIER2JCS]

Yep do absolutely nothinh.

[mudbutt]

I'll sit and wait

[dulwich1980]

Hi there, just reading this thread - I'm in a situation where Lending Stream have passed my account over to mackensie hall despite me trying continuously to set up a repayment plan (LS ignored all my emails).

 

The reply I've had from is as follows;

 

I have contacted our client today and have requested a copy of your loan agreement and statement of your account. Your account will now be placed on hold until such times as this documentation is received.

 

Is there a time limit for them to receive the information from Lending Stream?

 

Thanks

[BRIGADIER2JCS]

For a CCA request the satutory time limit is 12+2 days

for them to get the data to you, if they fail to comply then

you send them the account in dispute letter, the ''normal''

collection activity can still carry on but they cannot enforce

the debt via the courts until the agreement or a compliant

reconstituted agreement is supplied.

 

Brig.

[BRIGADIER2JCS]

If you would like more advice on your problem

please start your own thread.

 

Brig.

[rhos123]

the ''normal''

collection activity can still carry on but they cannot enforce

the debt via the courts until the agreement or a compliant

reconstituted agreement is supplied.

 

what is a COMPLIANT RECONSTITUTED AGREEMENT?

[BRIGADIER2JCS]

Hi, recent case law has allowed a creditor

to produce a reconstituted agreement basically

this is what you would have signed at the time

of opening the account this must comply to

a set format and include the relevant terms

and conditions on the account at the time and

any amendments updates etc.

Given that the specification is complied with

this can satisfy a CCA request under CCA 1974

sections 77/78 etc.,

[rhos123]

Hi, recent case law has allowed a creditor

to produce a reconstituted agreement basically

this is what you would have signed at the time

of opening the account this must comply to

a set format and include the relevant terms

and conditions on the account at the time and

any amendments updates etc.

Given that the specification is complied with

this can satisfy a CCA request under CCA 1974

sections 77/78 etc.,

 

ok thanks for that, however why would the o/c send a recon agreement, a recon is what it is a reconstrution of something... original is allways the best!!!

[BRIGADIER2JCS]

Often old records == over 6 years old

will not be available so the recon is reproduced

from archived data, ie the Ts &Cs etc.

Couple this with statements proved to be

from the account you have an enforceable

agreement.

[twoman]

Hi Brig,

Do they not have to produce the original though if they take you to court pre 2007 agreements?

[rhos123]

Often old records == over 6 years old

will not be available so the recon is reproduced

from archived data, ie the Ts &Cs etc.

Couple this with statements proved to be

from the account you have an enforceable

agreement.

 

so ok statements could be proved to be linked to the account, now take one step forwad, in the c/c . i now i ask the county court jugde, yes sir/madam" i did indeed have a c/c loan .

i have indeed used this account, i am now being charged 39% apr. on your recon agreement. i dont think the original agreemet had 39/% apr. with out the original then who knows

[BRIGADIER2JCS]

A good Challenge!!!!

[twoman]

Ok,

Reconstitued agreements have to be like for like of the original agreement,right or wrong?

If they don't provide the original or have the original how can they say this is what it would have been when you signed it.Is not a case of "what we think" and how can this be passed off as an agreement.?

[rhos123]

Ok,

Reconstitued agreements have to be like for like of the original agreement,right or wrong?

If they don't provide the original or have the original how can they say this is what it would have been when you signed it.Is not a case of "what we think" and how can this be passed off as an agreement.?

 

judge bingo , when my turn comes i will indeed ask the c/c judge many questions! BEING IN DEBT IS INDEED NOT A CRIME!! and NEVER EVER PAY A DCA!!!

[BRIGADIER2JCS]

It is possible now I think for a good recon to

be accepted on the balance of probabilities

whatever the date of the agreement.

[mudbutt]

Got my CCA reply back and all the paper work seems in order what to do now?

[foxtrotoscar]

from muckyhall?

[mudbutt]

yes