Mackenzie Hall (on behalf of The Lending stream)

[SR1014]

Hello and Happy New Year to everyone...would appreciate some advice please.I have picked up a little of what probably needs to be done from the site but your expertise and experience will no doubt make the difference. In a nutshell - Christmas was ruined for my 77 year old disabled father who received a letter before Christmas from the above companies.(Neither he has heard of - Also fortunately in the last few years he does not owe a penny to anybody)LETTER 1Confirming balance outstandingWe can confirm the balance outstanding on this account is (over £1k)Payment method being a Sterling Bankers Draft or a guaranteed Building Society Cheque made payable to "Mackenzie Hall Ltd" quoting your name , address and Reference number on the rear of the payment and sent to you by Royal mail Special Delivery. You must contact us and provide us with the Special Delivery Reference Number to enable us to track your payment. We also accept payments by credit and debit card.Alternatively you can pay cash into our bank account. The details are as follows. Royal Bank Of ScotlandAccount Number: xxxxxxxSort Code: xx-xx-xxBank Reference Should you have any questions, please telephone our office on xxxxImportant: If you are not the named person above please contact us quoting address ID X to stop any further communication. As I was away on business and couldn’t advise him He immediately contacted MH by telephone quoting the reference, telling her that he knew nothing of the debt and that the police had been contacted but the woman put the phone down him. He then wrote to them (I know - but as above) to deny any knowledge of the 2 companies or any debt and sent by normal post so no proof of postage.He also reported it to the local police and got a crime number as he was a victim of a doorstep confidence trickster a couple of years ago. So anything suspicious he acts upon this way.He then received another letter.LETTER 2.DOORSTEP ASSESSMENTDespite repeated efforts to contact you we have still not received a response.Therefore we may have no option but to sanction a Doorstep visit to your property by our field collectors Meritforce.Alternatively we may advise our clients to issue a Claim against you in your Local Court.If judgment is granted the following may apply:- Your debt being increased to include Legal Costs and Interest- Your name being entered in the Public Records of your Local Court. Failure to satisfy the judgment, if granted, may result in further enforcement action being taken against you. To avoid of this action, payment must be lodged at this office within the next 72 hours. If this is not possible please contact ....... on ...... immediately. "Important if you are not the named person .......etc etcAs you can imagine he is confused and upset and convinced the courts are coming to get him!Is it a case of sending off a CCA request to M.H (or both) and just waiting?Over to you guy's Thanks and Cheers

[unclebulgaria67]

Mucky Hall are a waste of space. They are bottom feeders who do very little, other than harrass people by post and phone. They may arrange a Meritfarce collector to visit, but I think these are mainly self employed people looking to gain commission for any payment arrangement made. They have no powers. If they turn up, he should advise them that they have made a mistake and that he has advised the Police of possible fraud. Then shut the door.

 

If he has sent them a letter advising that he has no knowledge of any debt owing, then he should just ignore them. Keep a log of any phone calls and open/read any letters, but don't do anything with them. The only letters he should take action with are statutory demands (bankruptcy threat) and court claims coming from the court.

 

In the event they continue to cause hassle without providing proof that the debt is his, then send a strongly worded letter to MH's compliance manager by recorded delivery.

 

He should check his credit record to make sure nothing is on there. https://www.noddle.co.uk/

[BRIGADIER2JCS]

Hello and Happy New Year to everyone...would appreciate some advice please.I have picked up a little of what probably needs to be done from the site but your expertise and experience will no doubt make the difference. In a nutshell - Christmas was ruined for my 77 year old disabled father who received a letter before Christmas from the above companies.(Neither he has heard of - Also fortunately in the last few years he does not owe a penny to anybody)LETTER 1Confirming balance outstandingWe can confirm the balance outstanding on this account is (over £1k)Payment method being a Sterling Bankers Draft or a guaranteed Building Society Cheque made payable to "Mackenzie Hall Ltd" quoting your name , address and Reference number on the rear of the payment and sent to you by Royal mail Special Delivery. You must contact us and provide us with the Special Delivery Reference Number to enable us to track your payment. We also accept payments by credit and debit card.Alternatively you can pay cash into our bank account. The details are as follows. Royal Bank Of ScotlandAccount Number: xxxxxxxSort Code: xx-xx-xxBank Reference Should you have any questions, please telephone our office on xxxxImportant: If you are not the named person above please contact us quoting address ID X to stop any further communication. As I was away on business and couldn’t advise him He immediately contacted MH by telephone quoting the reference, telling her that he knew nothing of the debt and that the police had been contacted but the woman put the phone down him. He then wrote to them (I know - but as above) to deny any knowledge of the 2 companies or any debt and sent by normal post so no proof of postage.He also reported it to the local police and got a crime number as he was a victim of a doorstep confidence trickster a couple of years ago. So anything suspicious he acts upon this way.He then received another letter.LETTER 2.DOORSTEP ASSESSMENTDespite repeated efforts to contact you we have still not received a response.Therefore we may have no option but to sanction a Doorstep visit to your property by our field collectors Meritforce.Alternatively we may advise our clients to issue a Claim against you in your Local Court.If judgment is granted the following may apply:- Your debt being increased to include Legal Costs and Interest- Your name being entered in the Public Records of your Local Court. Failure to satisfy the judgment, if granted, may result in further enforcement action being taken against you. To avoid of this action, payment must be lodged at this office within the next 72 hours. If this is not possible please contact ....... on ...... immediately. "Important if you are not the named person .......etc etcAs you can imagine he is confused and upset and convinced the courts are coming to get him!Is it a case of sending off a CCA request to M.H (or both) and just waiting?Over to you guy's Thanks and Cheers

 

 

Hi welcome to CAG,

 

As you say your father has no debts the best approach is to check credit reference files, meanwhile send the following letter to The Compliance Manager at Mackenzie Hall by recorded delivery.

 

Ref: as on their letter.

 

Sir,

 

I write regarding your letter dated xx xx xxxx in which it is alleged I owe a debt for £xxx .xx originally from the ''Lending Stream'' please take note I do not acknowledege any debt to Mackenzie Hall or any company you may claim to represent.

 

I do not have any knowledge any liabilty for the alleged debt and have not at any time held an account with your client.

 

As you must be aware it is a breach of the OFT Guidance on Debt Collection 2003/2012 to pursue an alleged debtor when it is not clear he is the actual debtor who owes the debt.

 

Take note Doorstep Assessment will not be allowed, no representative, agent, or employee is is to visit this address at any time if such a visit occurr the person will be invited to leave the property immediately, failure to do so will result in their removal and the police will be called.

 

As you must be aware the onus of proof that I have any liability for the alleged debt lies entirely with Mackenzie Hall and your client, it is not for me to prove that I am not the debtor you seek.

 

This is my final response.

[SR1014]

Many thanks chaps.....recorded delivery letter gone off to the suggested person(s)

 

I will keep you informed

 

Sorting out the toolbar now and the other later in the month.....

[BRIGADIER2JCS]

Thank you!!!

[SR1014]

no problem starting to dig about some old paperwork myself.....Lombard is that Natwest/RBS?

 

anyway different question.....so is it better to start a different post?

 

regards

[BRIGADIER2JCS]

Yes best to keep seperate.

[SR1014]

Hello again it had gone all quiet from MH but my father received another letter from them on Friday 25th December.

 

The detail below is from my conversation with him over the phone but the key points are as follows.

 

They are now quoting a principal figure of £1,672 also a reference number and client reference.

 

The usual you have ignored our letters and attempts to contact you but we are prepared to accept a reduced amount of £1,360 but must be paid by noon 28/01/2013.....and the usual failure to pay will result in...........

 

This is really annoying as one he does not owe anything especially from either of these 2 but more worringly he was getting along ok but now he is all over the place again with his health......for gods sake he is nearly 78 , disabled, cant get out on his own and had a triple bypass heart op a couple of years ago...please advise next steps .....CAR SAR?????? thanks and regards SR010

[SR1014]

SORRY should be 25th January 2013..

[BRIGADIER2JCS]

OK short and stroppy with a copy of the last letter sent to them (post3#)

 

The Compliance Manager

MH

Ref: as before.

 

Sir,

 

I refer you to my letter dated xx xx xxxx and would suggest that you now take note of the contents and act upon them, I have enclosed a copy for your attention just in case the original has been ''misfiled''.

 

For clarification I am not the debtor you seek and deny any liability for the alleged debt.

 

This is my final response, further contact fromMH will be treated as harassment and suitable action WILL be taken.

[SR1014]

Thank you I will get the letter off tomorrow by 1st class recorded post as before.

 

Regards....

[BRIGADIER2JCS]

Good luck.

[SR1014]

Hello,

 

Another letter has arrived.

 

This time acknowledging a CUSTOMER complaint and a copy of their same procedure.

 

Account is now on hold pending a full investigation of the complaint and all collection activity will be suspended until the outcome is concluded......

 

Contact number provided from a complaints administrator.

 

Once again he is all over the place (nearly 78) and I am on my way to see him in the morning, whilst cancelling another works meeting.................anyway as always thanks for your advice...regards

[BRIGADIER2JCS]

Ok They do have to now investigate this properly and give final response, so please reassure him that all is NOT lost.

[SR1014]

Hello again.

Letter dated 21/02/13 received last week on the 27/02 which I received through the post today.

30 day hold on the account to allow response.

Refers to a 'final response' to explain investigation findings.

Complaint summary

• you have no knowledge of the account
  
• you had previously written to us but was not acknowledged
  
• we terminated a telephone call from you
  

Investigation results

I will also bullet point this for ease

• account passed to us from our client the L.S
  
• outstanding balance of £1600 plus
  
• advised in our 5th December letter
  

Disputing account

as above

• discussed with client so enclosed a copy of original loan agreement
  
• however if you believe it is fraudelent please contact police and get a log number
  

Previous correspondence

• confirm letter received on 13th December
  
• unfortunately the account was not placed on hold
  
• as should have contacted L.S
  
• resulting in future collections activity
  

Telephone call

• no record of this
  

Conclusion

• our information is based on our clients advice so
  
• we are rejecting this part of the complaint
  
• our advisor failed to place the letter of 13/12 on hold so we are upholding this
  
• we have been unable to locate the call to MH so are upholding this part of the complaint
  
• account on hold for 30 days but after that collection activities start again
  

Signed by a Complaints Advisor

Then a photocopied 'Statement of a/c for fixed sum credit agreement pursuant to secton 77b of CCA 1974' x 5 pages

plus terms and conditions x 5 pages

Information highlights

• Loan commencement 2012- in August date provided
  
• Current arrears 1600 plus
  
• 1st Excel table in document and duration of loan
  
• loan amount = 560
  
• interest capitalized = 172.50
  
• payment realised = - 172.50
  
• the series of enteries including
  
• interest capitalised x 4
  
• arrear fee
  
• default free
  
• normal refund
  
• termination fee
  
• last balance in table = 1480 plus
  

then last page

signature of debtor - non shown

just name

signed on behalf of LS LLC

creditor - non shown

• 2nd Excel table in document and duration of loan = 6 months commencing on the day we sign agreement
  
• total amount of credit = 575
  
• total amount payable = 1265
  
• APR = 2538.50%
  
• table to show payment schedule to be repaid by 6 instalments by debit card and last date at the end of December
  

So thats the latest but after also going through a DWP review with him last week there is no reason whatsover why he needed this loan and certainly not organised through a debit card etc

He also has a crime number as it was logged in December.

 

Hopefully not to much waffle but please let me know what you think and best regards

(picking on a 77 year old disabled man must be wrong!)

[BRIGADIER2JCS]

My personal response would be that a crime has been reported so no further communication can be entered into at this stage and any liability for the allged debt is denied.

[zydeco]

Hi there, can't give any advice on this but am I right in thinking that Muckyhall are claiming that LS gave a loan to a 77 year old on disability with no means to pay it back?

 

I wish I could find a loan company with charitable ideals like that.

Anyway as the Brig says,

 

My personal response would be that a crime has been reported so no further communication can be entered into at this stage and any liability for the alleged debt is denied.

[BRIGADIER2JCS]

It's a long story and needs to be read from post1# to get the full ''flavour''!!

[SR1014]

It's a long story and needs to be read from post1# to get the full ''flavour''!!

 

Again thanks for the advice, I have also asked him to request all bank statements from the period August 2012 till the end of December 2012 to look for any enteries or movements from any accounts.Regards

[SR1014]

Ok good news regarding the bank statements as we have managed to find the relevant ones that cover the period in the first excel table in the thread above.The so called loan agreement has the following entries and amounts as transactions from an account ??1st Excel table in document and duration of loan• Date Description Amount Balance • 2012-08-03 Loan amount = £ 560.00 £ 560.00 • 2012-08-31 Interest capitalized =£ 172.50 £ 732.50• 2012-08-31 Payment realised = £-172.50 £ 560.00• 2012-08-31 Interest capitalized =£ 172.50 £ 732.50• 2012-08-31 Arrear Fee =£ 12.00 £ 744.50• 2012-08-31 Interest capitalized =£ 172.50 £ 917.00• 2012-08-31 Default Fee = £ 10.00 £ 927.00• 2012-08-31 NORMAL REFUND =£ 172.50 £1099.50• 2012-08-31 Termination fee =£ 40.00 £1139.50• 2012-08-31 Interest capitalized = £ 172.50 £1312.00• 2012-08-31 Interest capitalized = £ 172.50 £1484.50We have checked all entries against the bank statements and can find nothing other than the usual direct debit activity for his bills.There is nothing at all to resemble any of those transactions.We also have the original crime number logged on the 8th December.So would appreciate advice on what happens next?Regards

[SR1014]

Ok good news regarding the bank statements as we have managed to find the relevant ones that cover the period in the first excel table in the thread above.The so called loan agreement has the following entries and amounts as transactions from an account ??1st Excel table in document and duration of loan• Date Description Amount Balance • 2012-08-03 Loan amount = £ 560.00 £ 560.00 • 2012-08-31 Interest capitalized =£ 172.50 £ 732.50• 2012-08-31 Payment realised = £-172.50 £ 560.00• 2012-08-31 Interest capitalized =£ 172.50 £ 732.50• 2012-08-31 Arrear Fee =£ 12.00 £ 744.50• 2012-08-31 Interest capitalized =£ 172.50 £ 917.00• 2012-08-31 Default Fee = £ 10.00 £ 927.00• 2012-08-31 NORMAL REFUND =£ 172.50 £1099.50• 2012-08-31 Termination fee =£ 40.00 £1139.50• 2012-08-31 Interest capitalized = £ 172.50 £1312.00• 2012-08-31 Interest capitalized = £ 172.50 £1484.50We have checked all entries against the bank statements and can find nothing other than the usual direct debit activity for his bills.There is nothing at all to resemble any of those transactions.We also have the original crime number logged on the 8th December.So would appreciate advice on what happens next?Regards

[BRIGADIER2JCS]

Thos entries look like an internal accounting and probably need a ''key' to decipher.

[SR1014]

I did put them into columns but it grouped everything together.I do have a scanned version of the table from the actual document , so is there a way I can insert this?Regards

[renegadeimp]

Lots of unfair and unlawful interest there. Unless your loan period was more than a month or two. Not to mention theyve levied unenforceable late payment fees.

[SR1014]

Please see the attached word document Regards