Mackenzie Hall - (I actually do owe the money they're asking for)

[championless]

Hi

 

I've been reading for about half an hour on different threads about Mackenzie Hall and would like some advice. I received one of the telegram red cards asking me to ring the number on the card. I did and the guy told me that i owed £1383.21 for an old catalogue. I would like some advice please if anyone can help me?

 

Is it true that they cannot take legal action if they have bought the debt? I've received a standing order letter offering me to pay 59 payments of £23.05 and was just wondering what i should do about this? Should i ring them and agree to pay (I do owe the debt and i figured that they've found me, so i should pay) Should i agree to this standing order arrangement? If i don't, will they REALLY take legal action or are they just bullies (Their telephone people certainly are)

 

What do you recommend?

[blacksheep1979]

Morally you should pay and also for your own good or you'll ned up with a ccj.

[PriorityOne]

It's a shame that you responded to the postcard trick... it was their way of getting you to make 'phone contact and then feed you all kinds of rubbish about their rights, etc. this is a well-nown method used by several DCAs and yes, they are bullies.

 

Whilst it may be true that you owe money, you may not owe money to them... that's the important difference. If they have the legal right to demand payment from you, then they must also have your Consumer Credit Agreement and details of a Deed of Assignment... both proving that the account has been legally assigned to them for collection by the original creditor.

 

You need to send them a CCA (Consumer Credit Agreement) request. Send it by Recorded Delivery, enclose a cheque/PO for £1 (the fee) and wait. They have to provide you with this document within 12 days from signature. If they do not, then the debt is unenforcebale without them going to court and if they don't have the document, it cannot be enforced in court anyway. If they still have not produced it after one calendar month, then they have also committed a criminal offence and can be reported to Trading Standards and the Office of Fair Trading.

 

Do not pay them anything ! Keep hold of all correspondence and do not discuss anything over the 'phone any more.

 

There is a template letter in the Bank Templates section : Harrassment by Telephone - response letter. It might be an idea to send it now, before they start hassling you by 'phone because now that you've made contact, they just might....

 

[gizmo111]

Do you think that you owe the full amount? A fair bit may be charges.

[NailPost]

It is very unlikely that there would be a valid credit agreement for a catalogue so you would be well advised to demand the relevant documents from MHall. See the sticky section for the correct CCA letter, I think its N. Remember to send a £1 postal order and by recorded delivery.

 

MHall have 12 working days to respond. If they don't have the documents they should acknowledge this pronto and return the £1. If they don't they would, by definition, accept responsibility. If they don't send you the docs within the specified time they are in default and would need to take court action before they can proceed further. If they go to court they would still have to provide the judge with the documents as evidence.

 

If the default continues for a calendar month they have committed a criminal offence and a hefty fine awaits if they proceed to court. No one on this forum, and on other forums, are aware of MHall takijg court action against anyone.

 

Post again for further advice but start off with the CCA letter. And don't phone these barstweards again.

[championless]

Where is the sticky section? Am new to this and can't find it. Am i being dense?

[championless]

Do you think that you owe the full amount? A fair bit may be charges.

 

 

I could call the actual creditor and find this out couldn't i? Does that mean i could get the initial amount reduced, getting rid of all the charges?

[championless]

It is very unlikely that there would be a valid credit agreement for a catalogue so you would be well advised to demand the relevant documents from MHall.quote]

 

Does that mean, if i haven't signed an actual CCA, that the whole thing may not be enforced?

[PriorityOne]

http://www.consumeractiongroup.c o....templates.html

 

The above link should take you to the template letters. Letter N is the CCA request... send it by recorded delivery and see what comes back. If you don't get anything back, then they may just pass your account back to the original creditor and you can deal with them then.

 

Don't 'phone anyone to discuss anything. If anyone wants to speak to you, then it must be in writing. 'Phone calls are very hard to prove if you are relying on anything said. Also, DCAs, etc. are far more aggressive on the 'phone because they think they can get away with it.... feeding you all kinds of bowlarks to stress you into believing that you have to pay them money.

 

SO.. do not 'phone !

[rippedoffagain]

Hi championless

 

You say you owe this money, but when from?

 

The DCA will have paid a fraction for this debt, possibly less than £100!

 

Spend some time reading other threads to familiarise yourself.

 

As others have advised Don't discuss anything on the phone!!

[NailPost]

If a debt collector cannot produce a copy of the credit agreement you signed then they cannot enforce it without producing some other evidence - regular payments made by you against the debt etc. It is very rare for a bank/credit card company/other lender to pass on this documentation when they sell a debt. In fact it is very rare for a debt collector to have any documentation other than your contact details and the amount owed!

 

In these circumstances you should make the debt collector prove the amount he is chasing is right and proper (no penalty charges added etc); that he has the right tocollect (the deed of assignement as its called) and the evidence needed to prove his claim in court.

 

Challenging the debt collector to provide this evidence will make sure the law is followed. It also means the debt collector has to spend more time and effort in collecting the money and minimises his profit.

[championless]

Hi championless

 

You say you owe this money, but when from?

 

 

This was from about two years ago. I owed some money but i don't remember it being this much.

 

They also sent me a demand for £1300 for BT Cellnet, when i've never had a BT mobile. It's crazy, i guess they think now they have my details they can just send me anything!

 

Luckily when i first rang up i refused to give them my phone number. This forum is ace, i didn't realise i had any rights, i just thought i'd have to pay the full amount.

[championless]

http://www.consumeractiongroup.c o....templates.html

 

This link doesn't work. Please help

[djweeble]

It is very unlikely that there would be a valid credit agreement for a catalogue so you would be well advised to demand the relevant documents from MHall.quote]

 

Does that mean, if i haven't signed an actual CCA, that the whole thing may not be enforced?

 

Basically YES.

 

No CCA agreement = no (enforceable) debt.

 

Tell them to stick it

[rippedoffagain]

Try here

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

[championless]

Thanks. Found the letter. Will see how this goes. Thank you everyone for all your help.

[itsamomentintime]

 

 

Tell them to stick it

 

 

 

loving that!!!