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Quick qiud / Mackenzie hall - Default notices- please help


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Hi All .Im sorry if this is a bit long winded.I borrowed £150 back in May 2011. I spoke to a reprehensive of QQ who told me that I could extended the loan for a month for a fee of £44. As I could not pay off the full amount, this seemed like the only option.

 

I did this a further 3 times until I eventually telephoned them, and asked them how I could go about paying the original loan off in instalments instead of extending the loan as I was having difficultly paying this off, and further credit was not helping me !! QQ response was to just not pay the extension loan back on the day it was due, as they could then negotiate a repayment plan.

 

Which I then did ( only to result in a default being logged on my credit report. WHICH I WAS NOT INFORMED COULD HAPPENI then contacted QQ to arrange a repayment scheme and offered them around £30 p/m until it was paid off, they point blank refused and said they will only except a min of £55 p/m.

 

As I could not afford this, the conversation ended by them putting the phone down and them calling me back an hour later to discuss them same thing. This continued between 6-8 times a day for nearly month, it resulted in me telling them that I would contact the police for harassment, while I was nearly in tears. In the end I agreed to pay back the £55 p/m just to stop the constant harassment, as I work nights.

 

This resulted in me unable to pay the first instalment as I already said I could not afford it. I now have a default on my account. My account was then sold on to Mackenzie hall ( YES THEM) on the 3rd of March.

 

They sent me a very agressive letter dated the 12th March 2012, Saying DEFAULT ON FIXED_ SUM LOAN AGREEMENT. in the letter it has the usual threats, it also says that my default has now been registered with callcredit .My questions are - can they just do that? i.e record another default for the same debt?should they notify me before they register a default ?Please help and thanks in advanceMatt

Edited by citizenB
no in paragraphs ? - more formatting for easier reading
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Matt,

 

There is a difference between defaulting on the agreement and being served with a default notice.

 

The original defaults registered on your credit file would have been that you are behind on payments and by how many months.

 

Once you get a certain amount behind on the agreement then you can be served with a default notice with formally gives you xx number of days to remedy the account and what you have to do to remedy it. This then opens the door for the creditor to persue the debtor for the defaulted sums.

 

Although it sounds like they have served more than one default notice they have previously been reporting on your credit file and now served the default notice.

 

I hope that all makes sense,

 

Feebee_71

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Matt,

 

There is a difference between defaulting on the agreement and being served with a default notice.

 

The original defaults registered on your credit file would have been that you are behind on payments and by how many months.

 

Once you get a certain amount behind on the agreement then you can be served with a default notice with formally gives you xx number of days to remedy the account and what you have to do to remedy it. This then opens the door for the creditor to persue the debtor for the defaulted sums.

 

Although it sounds like they have served more than one default notice they have previously been reporting on your credit file and now served the default notice.

 

I hope that all makes sense,

 

Feebee_71

 

 

 

 

 

Hi Feebee, thanks for your reply.

 

So if I may ask, so the original defaults that have been registered on my credit file, to say i am behind in my payments- do they need to notify me in advance? and does that stay on my credit file for 6 years?, the company in question bought the debt on the 3rd of march and sent me a letter on the 12th saying that the default has now been registered with the cra !! can they just do that?

 

Thanks again for your advice.

 

Matt

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you need to be clear on things.

 

the are 'markers' placed on cra files

 

like late payment, no payment etc

 

and there are default notices

 

you can have as many markers as they wish to place

 

but you can only have one 'default notice'

on a debt, unless you made an arrangement to pay and broke that too.

 

all markers or DN's fall off your CRA file where PAID OR NOT on their 6th birthday.

 

if an account has a default registered against it

regardless of if you pay or not, the WHOLE account will vanish on 6th birthday of the defalut notice

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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QQ and Mucky Hall are both onto a looser, to take you to court in the UK MH would have to buy this loan from QQ, as QQ are offshore based and do not have a proper address in the uk.

 

I would report QQ to the OFT who are doing an indepth investigation into this murky market, and repot Mucky Hall to East Ayrshire Trading Standards, who have already acted with this two combinations of sharks.

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Payday loans do not come under the CCA act for the assignment part, this has been discusseed loads of times on here - they are a completely different type of lending, this is one of the bits of legilsation that absolves them from the CCA Act regulations.

 

It is under Section 3 of the CCA Act and deals with notice periods for loans of less than 4 payments, which covers these companies.

 

It is useful to quote in defences as it shows they do not know the legislation properly and use it to mislead the consumer as to their actual powers.

 

Mackenzie Hall are well known on this site and usually run when challenged.

 

Most of my posts (and I am over the 7,000) mark have been dealing with payday loan problems over the last five years so I do know what I am on about.

 

Sometimes using legilsation is useful, but trying to find out if an assignment notice has been sent here is a waste of time and effort.

 

The correspondence trail you mentioned in a previous post however is VITAL to the original poster as it can prove that they tried to come to an arrangement with the creditor but the creditor chose to pass to a third party - also the amount Mackenzie Hall are asking may not be the 'true' amount of the debt.

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I always hold the view of not ignoring it unless you are very sure that nothing will come of it. Regarding DCA's, it's always fun to play them at their own game. I used to do that back when i was in debt, especially to the DCA's that bought my debt for 7-15% of the original amount and still tried to get the full lot. Needless to say, they didnt get what they were after :D

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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QQ have yet to take a case to court - and Mackenzie Hall don't take people to court themselves, they will pass the debt onto their 'solicitor for rent' friends, in their case it could be any one of three companies, all of whom discontinue when a defence is filed (remember it costs THEM an additional £80 to file their allocation questionnaire, it costs the defendant nothing).

 

The basic defence of admitting the original loan amount and interest, showing what (if anything) has already been paid to the the company and showing the correspondence trail should suffice. Judges do not like 3 page 'legal jargon templates' for a simple straightforward case. You also have to take into consideration the defendants likelihood of being cross questioned in court by a legal bod about "Rankie" or "McGuffick" or any of the other half-dozen cases they like to misquote.

 

I am a great believer in keeping letters, and defences short, sharp and not allowing for a counter-attack.

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There seems to an issue surrounding the ownership of the debt.

 

You need to send the following letter to MuckHall. They are obliged then to confirm whether or not they are the new owner or whether they are simply collecting on behalf of the original creditor.

 

Draft request for assignment - Amended Draft.pdf

 

If they are simply collecting on behalf of the original creditor, then they are unable to issue a claim against you. Only the Owner of the debt can do that.

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This is why Mackenzie Hall MUST be reported to the OFT and Trading Standards, they do not make it clear in their letter what their status is.

 

The onus is on the Creditor to prove the debt is valid, not for the debtor to send letters ad infinitum to the Credito

 

By 'onto a looser' I mean that if Mackenzie Hall and their solicitor for rent decitde to go to court it can be proved that the original creditor does not have the correct paperwork, correct debt amount and is using court as a first line of debt collection. It does not automatically mean 'they cannot do that' (although in Mucky Hall's canse it could mean exactly that if they have not bought the debt).

 

Remember these payday loan companies disregard the law when they want and use it when they want.

 

The more you start going down the CCA route with them the more frustrated and time wasting the exercise - we have already done that route time and time again and got nowhere fast.

 

Plenty more ways to stop this murky lot in its tracks than hitting them with a massive letter which will only end up in the bin.

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If you mean section 16.3 below it is clear that a notice is NOT needed if they are collecting...

 

16.3 Notice does not have to be given where arrangements for servicing the credit are unchanged as far as the borrower is concerned. For example, if Creditor A sells his rights under a credit agreement to Creditor B but Creditor A still collects the borrower’s repayments in the same way and is the only point of contact for the borrower on matters regarding the agreement, notice does not have to be given.

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Reading through this muddle is a pain in the butt!!!

Mattboy have you checked you credit refence file yourself

or are yoiu relying on the MH statement.?

Clearly you have been informed that the debt

has been sold to MH so it is them you deal with.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Any lender can issue a default. However it depends on what they mean by default. They could mean a default relating to the loan, which means you are simply in default with them, or they could mean they are issuing a default on your Credit file.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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They have to notify you in advance that they will mark your credit file.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If you miss a repayment, it can automatically be entered onto your credit file. With most lenders, not just PDL's, its usually contained in the ToC's that you sign when taking out the loan or finance.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If you miss a repayment, it can automatically be entered onto your credit file. With most lenders, not just PDL's, its usually contained in the ToC's that you sign when taking out the loan or finance.

That would only be correct IF you have signed an agreement that specifically

states that by signing you agree to the creditor their heirs and/or successors

searching on and sharing data with credit reference agencies.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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There is no notice required to place a late or missed payment entry on files,

basically because you know if your late paying or have missed a payment.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I have seen a letter from Mucky Hall and it states that Quick Quid have legally assigned the rights to Mucky Hall Debt Purchase Ltd,and they legally own the debt.

If this is the case can Mucky Hall legally go for court action.

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I have seen a letter from Mucky Hall and it states that Quick Quid have legally assigned the rights to Mucky Hall Debt Purchase Ltd,and they legally own the debt.

If this is the case can Mucky Hall legally go for court action.

Hi yes they have all the rights of the original contract.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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No, they haven't broken the CCA Act, it is under Section 3, where they do not need to send you one as you are paying them back in less than 4 payments.

 

Trying to get out of this by citing the CCA Act all the time is not the way forward, many payday loan lenders will simply bamboozle you with other bits of the CCA Act or refer to their terms and conditions. This justs adds to your stress levels and wastes time.

 

I have found the best way to deal with their intransigent attitude is to complain to the OFT and Trading Standards, both of whom are investigating this murky market.

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Mucky Hall would have a problem with a payday loan, a simple defence would state that the rights obtained from the parent company EXCLUDE court action in the UK as the original creditor was not domiciled in the UK... and Mucky Hall would probably not do court action themselves but pass it on yet again.

 

Stop worrying about what might happen and deal with what IS happening....

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Sillygirl

Mucky Hall would have a problem with a payday loan, a simple defence would state that the rights obtained from the parent company EXCLUDE court action in the UK as the original creditor was not domiciled in the UK... and Mucky Hall would probably not do court action themselves but pass it on yet again.

Don't quite follow that.Surely the credit agreement stands and its legal powers.If it doesn't stand why would QQ even draw one up?

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You are barking up the wrong tree here - the credit agreement was between you and Quick Quid (or CashEuroNet which is a USA company).

 

They would need to have a very strong set of particulars of claim for the court to proceed, but you can write a defence when the time comes which simply states your side, puts YOUR proposal for repayment and that way they would have no legal arguements to come back at you.

 

You do not want to bamboozle the judge with a six or seven page fully legally particularlised defence which would leave you wide open to 'legal abuse' in the court by the other side.

 

The main facts the judge will want to know are

 

1. Did you borrow the money

2. Have you made any repayments - how do you want to repay the loan

3. Why are the company wasting court time when it could have been settled at mediation

 

You need to sit back and stop worrying about what might happen, have you complained to the OFT and Trading Standards yet, if not, why not?

 

That is what you need to be dealing with now, not some hypothetical future court case which may not even go as far as a judge - a lot of these PDL companies run when faced with a simple defence and discontinue, some do go to court in front of a judge and the reaction has been variable. You cannot predict what might happen.

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