Jump to content


  • Tweets

  • Posts

    • is this letter entitled letter of claim? and comes with a reply pack?   please scan up your original agreement to ONE multipage PDF read our upload guide carefully 
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • The agreement started 11/02/2019  for 47 monthly hire payments   Threat-o-gram : We are instructed on behalf of Hyundai Capital UK Limited T/a Hyundai Finance Contract Hire.  This is inaccurate, as on my hire agreement it says - Owner Santander Consumer (UK) plc trading as Volvo Car Financial Services. Hyundai must be who this other persons agreement is with.   The only will is: Should you fail to make payment of the outstanding bablnce of £5,000, or alternatively provide realistic payment proposals within the next 30 days, we are instructed to issue County Court proceedings against you for the balance outstanding. Such proceedings will also include claim for costs.   Yes I still have my agreement. 
    • Hi M10,   Compared to MANY other cases we see here, a refund of 80% is a decent offer in the circumstances.   Take it and get yourself a new item.   Far better than Very and Apple each denying responsibility and passing the buck, and you being stuck in the middle for months with no help.
    • thanks for all that.... yes interesting. you handed the car back in nov 2020, how long was the lease agreement for and when did it start?   if you read the threat-o-gram carefully it doesn't say WILL anything. who are stated as DWF's client please ? and have you still your copy of this agreement?    
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Debt 1 month from removal from credit file NOW Mackenzie Hall add new default date!!


Please note that this topic has not had any new posts for the last 2691 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Please can anyone help or guide me.

 

I have taken responsiblity and worked hard to improve my credit rating.

 

I had a debt with JD Sports, which was one month from being removed from my credit file ( the 6 years up ).

I noticed a new message on my file saying alert, and a purchased debt was made from the JD debt by Mackenzie Hall.

 

I noted the debt was added to my credit file with a new default date...Like now.

 

How can a debt with all but 1 month left to reach the 6 year limit be purchased and then false default date given?

 

I check my file again and the JD one is removed as the 6 years passed

- but now I have the same debt from a new date

 

Please can you please help, is this correct? legal?

 

Thanking you all

Link to post
Share on other sites

do you mean the defaulted date on the org JD entry passed 6yrs

so auto gets removed?

 

I e was it defaulted in its summary 6yrs ago?

 

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... 

Link to post
Share on other sites

Are you sure this in not the date the file was up dated?

Was this JD account actually defaulted? When was the last payment made to the account.

 

MH have been known to claim that it can place a default from the date it acquires a debt totally wrong of course.

 

I can draft a letter for you to challenge this.

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:

Link to post
Share on other sites
do you mean the defaulted date on the org JD entry passed 6yrs

so auto gets removed?

 

I e was it defaulted in its summary 6yrs ago?

 

dx

 

The info was taken from my Experian Credit Report in Feb 2012.

 

Acct was started 02/11/01 Studio mail order ( not JD - I was wrong) and defaulted on 01/07/07 £143.00. Updated 28/02/2010

 

Same Credit Report June 2013.

Acct started 02/11/2001 Studio mail order ( not JD- I was wrong). Default date 01/07/07 £143.00. Updated 28/02/2010

 

Then I found this added in June 2013 Credit report

Acct started 11/02/2001 ( they changed months and day around) Mackenzie Hall Debt Purchase Mail order. Defaulted 04/01/2012 (?? ) £143.00. updated 07/04/2013

and of course MH address added to heading re addresses.

 

Credit Report Aug 2013

Studio acct removed.

MH entry all same as June 2013.

Link to post
Share on other sites

 

MH have been known to claim that it can place a default from the date it acquires a debt totally wrong of course.

 

I can draft a letter for you to challenge this.

 

PLease can you help with a letter, I do believe they have done this.

 

The info was taken from my Experian Credit Report in Feb 2012. Acct was started 02/11/01 Studio mail order ( not JD - I was wrong) and defaulted on 01/07/07 £143.00. Updated 28/02/2010

 

Same Credit Report June 2013.

Acct started 02/11/2001 Studio mail order ( not JD- I was wrong). Default date 01/07/07 £143.00. Updated 28/02/2010

 

Then I found this added in June 2013 Credit report

Acct started 11/02/2001 ( they changed months and day around) Mackenzie Hall Debt Purchase Mail order. Defaulted 04/01/2012 (?? ) £143.00. updated 07/04/2013

and of course MH address added to heading re addresses.

 

Credit Report Aug 2013

Studio acct removed.

MH entry all same as June 2013.

Link to post
Share on other sites

Hello Donna,

 

Yes of course I will draft a letter for you over the weekend!

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:

Link to post
Share on other sites

You're in good hands with brig. His letters always hit the mark.

 

Can i also suggest that you file full and formal complaints with the OFT, ICO and the Mucky hall about this. This is because i can guarantee you arent the only person they are doing this to.

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

Link to post
Share on other sites

I am sure Brig will already know this but paragraph 53 of the ICO Technical Guidance on Defaults addresses sale and assignment of debts to third parties and categorically states that the length of time the default is held on the credit file (i.e six years FROM DATE OF DEFAULT) cannot be changed by the sale of the account.

 

So tell em to shift it quick smart. Good luck.

Link to post
Share on other sites
You're in good hands with brig. His letters always hit the mark.

 

Can i also suggest that you file full and formal complaints with the OFT, ICO and the Mucky hall about this. This is because i can guarantee you arent the only person they are doing this to.

 

Thank you, yes Brig is being most helpful, along with others. I am very grateful.

 

I would/will send full and formal complaints - just need help with who,where and how.

 

Appreciate your input x

Link to post
Share on other sites
I am sure Brig will already know this but paragraph 53 of the ICO Technical Guidance on Defaults addresses sale and assignment of debts to third parties and categorically states that the length of time the default is held on the credit file (i.e six years FROM DATE OF DEFAULT) cannot be changed by the sale of the account.

 

So tell em to shift it quick smart. Good luck.

 

Thanks. It's all like a foreign lang. to me so having to learn lots quickly.

Link to post
Share on other sites

Sorry for the delay!

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:

Link to post
Share on other sites

OK: This goes my recorded signed for post:

 

The Director of Compliance

Mackenzie Hall

 

 

Date:.............. :

 

ref: us theirs.

 

Sir /Madam,

 

FORMAL COMPLAINT: Manipulation of Registered Default Date:

 

Please take note I do NOT acknowledge any debt to Mackenzie Hall.

 

It has become apparent that since Mackenzie Hall acquired an alleged debt relating to an account with xxxxxxxxxxxx, that the default date has either deliberately or by gross incompetence on behalf of Mackenzie Hall been change from 01/07/2007 to 04/01/2012 clearly this has placed me at a personal disadvantage (financial redress for which will be addressed later).

 

I am aware that some debt purchase companies WRONGLY claim that they can place a new default on an account from the date on which they acquire the account, this would appear to be to enable an extended period for collection of an account and for maintenance of a default entry on credit reference files after the actual 6th anniversary of the original default date.

 

My research shows that Mackenzie Hall have been previously challenged on such actions in the past and should therefore be aware if the ICO Guidance on Defaults and that the original default date of an account CANNOT BE CHANGED.

 

Therefore Mackenzie Hall WILL now remove ALL data it has reported to ALL Credit Reference Agencies COMPLETELY and MUST confirm in writing within 7 working days from the date hereon that it has done so.

 

Given that the actions of Mackenzie Hall have caused me considerable anxiety and distress I seek financial redress for this I am advised that the Sum of £500.00 is appropriate here considering the seriousness of this matter.

 

OK this next section can be added if: There has been NO Payment or UNEQUIVOCAL WRITTEN acknowledgment since the 2007 default date or before, i.e. The debt is statute barred.

 

 

Mackenzie Hall are Formally Notified that this ALLEGDED DEBT IS STATUTE BARRED, therefore I will NOT make any payment.

 

I am fully aware of the OFT Guidance on Debt Collection and the sections regarding the pursuit of statute barred debt.

 

This is my FINAL RESPONSE TO MACKENZIE HALL: FORMAL COMPLAINTS ARE BEING MADE TO THE ICO/FCA and if necessary to the FOS which will involve Mackenzie Hall in Further Costs.

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:

Link to post
Share on other sites

Many Many Thanks !! x

I shall get writing, and keep you posted.

Am I really allowed to ask for compensation? Would they pay? I have been very upset about this, and I have had next store card drop my credit limit for no reason, so believe this false record is why.

Link to post
Share on other sites

:-)

Many Many Thanks !! x

I shall get writing, and keep you posted.

Am I really allowed to ask for compensation? Would they pay? I have been very upset about this, and I have had next store card drop my credit limit for no reason, so believe this false record is why.

 

You most welcome, happy to help.:-)

 

Yes of course redress is always a possibility when this sort of nonsense happens I have a couple of framed cheques from MH when they tried to claim I owed a non existent debt (don't have any).

 

Yes please keep me appraised of the progress>

 

Brig

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:

Link to post
Share on other sites
  • 1 month later...

I actually had a similar problem a few months ago and I guess I could have solved it better and easier if I read this thread right here.

 

Sorry for reviving this necro thread. Just wanna thank BRIGADIER2JCS for the info.

Link to post
Share on other sites
I actually had a similar problem a few months ago and I guess I could have solved it better and easier if I read this thread right here.

 

Sorry for reviving this necro thread. Just wanna thank BRIGADIER2JCS for the info.

 

Much appreciated, thank you.

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:

Link to post
Share on other sites

Hi all,

 

Just an update, I haven't received anything back from Lowell's yet, but did get the standard "they said its correct so it's staying" email from Experian.

 

Will be back to post more updates- not been much to tell you as if yet!

Link to post
Share on other sites

Perhaps tell Experian that they are pretty much breaking the law by allowing this to happen.

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

Link to post
Share on other sites

The Credit Reference Agencies have to rely on the data provided by creditors/debt purchasers/DCAs a CRA has no way of verifying the data apart from 'asking' the client 'is this correct'!

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:

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...