Mackenzie Hall- Help needed please!

[sweetcyanide]

Hi all,

 

I found the other Mackenzie Hall thread but really need advice, so I thought I'd start one of my own...

 

This morning I received a letter from the debt collection agency McKenzie Hall, saying that they were persuing about £1,900 on behalf of their client.

 

The letter then went on to say they were offering a reduced settlement offer of £0.00! This was on condition that they receive payment by the 14th!

 

This was when I made a huge mistake: I wanted to know a) what the debt was relating to and who their client was, and b) how they got my details, as I only moved a few months ago. So I used their text service and they called me back.

 

The man who phoned informed me the debt was for a barclays account I had years ago (which I thought I had paid off, and if I had not it may even be statute barred by now). He laughed when I said I accepted the reduced settlement offer, and he told me there must have been a mistake on the letter. He then got quite nasty, I felt intimidated so I hung up.

 

It is quite obvious that this is the tactic that Mackenzie Hall use to get to you call so that they can start persuing you for an old debt. I am unsure what to do now though:

 

Is the letter they sent me in any way legally binding? Would they have to stop chasing me if I sent them a letter with a cheque for £0.00, accepting their settlement offer? Or would this just mean that I'd admit liability for the debt, and they would want full payment anyway?

 

At the moment my best course of action may be to contact them asking for details of the debt, and make them prove the amount, account and that they are legally allowed to collect it, and that it has not been statute barred. From what I've read, they may not even be able to prove the debt!

 

Any advice, especially on the legal aspects, would be very much appreciated.

 

*tears hair out*

[alanfromderby]

Search the forum under "Debt Collection Agencies" and you will find a letter which you can send requiring them under the Consumer Credit Act to supply a signed copy of the original agreement.

 

You have to send £1 for this - should they locate a copy and forward it to you it will clear up immediately whether it is statute barred. If they can't supply the information they cannot enforce it anyway.

[sweetcyanide]

I think that could be the best plan- thankyou. As long as I don't life any barring by responding in writing. I wish I had a bit longer to work how to firce them to accept £0.00 though!

[sweetcyanide]

When I go home tonight there was a "notice of court action" from Mckenzie Hall, which was dated the 3rd, and said that unless they received payment by the 10th they would take action! It's pretty obvious this was posted yesterday after I spoke to them. Thier client is Hilco Receivables, who are another debt collectors who I had never heard of until today!

 

I have decided the best course of action, which is a mish mash of Semionole's (thankyou dear, do say if you mind me using it!) and a letter from the nation debt website.

 

Comments and suggestions would be very useful, what do you guys think of it?:

 

Dear Mr Cross,

 

In response to your letters, dated the 4th of May (which I did not receive until the 10th May) and 3rd May (which I did not receive until the 11th May), I need you to clarify the particulars of your claim before I can discuss this matter further.

 

I do not acknowledge any debt to your clients, Hilco Receivables and have never received any correspondence from them. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee. I understand that a copy of this agreement should be supplied within twelve days.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

I would also like to point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” Therefore, you must also show that any debt you require payment of has been acknowledged by me in writing within the last six years.

 

I request that once you have provided this information, all other contact be through letter, and that any further letters have dates which accurately reflect the date on which they were sent. I will not discuss this matter over the telephone as I find your staff to be rude, pushy and unhelpful.

 

Yours sincerely,

 

Sweetcyanide

[Postman]

Your experience of Mackenzie Hall mirrors mine. I received a letter from them last summer. It was headed Statutory Demand which got my attention straight away until I realised it was a fake!

 

I despatched the "send me proof" (S77/78) letter and waited. I'm still waiting! They have been reported to my local trading standards department, the trading standards dept for East Ayrshire Council (who are collecting complaints apparently) and the Office of Fair Trading.

 

Despite this the armholes are still writing to me quite regularly. Last week they said they were unaware of any legitimate reason why the debt hadn't been paid. What? No proof = no debt in my view. A judge would probably agree with me. They offered to cut 40% off the debt but I had to move quickly. In fact the date had already passed. 40% of nothing owed is,erm, nothing.

 

That letter threatened further action would follow if I didn't pay up. Couple of days ago got a card that demanded I contact them urgently. The card added that it wan't a circular or junk mail. Oh No?

 

If I seem flippant its because I am treating this company with the least respect possible. I won't be intimidated by their letters and empty threats. You shouldn't be either. Just ignore them. File their letters carefully and when the 12-working day limit is up (about now isn't it) start preparing your complaint to the statutory authorities. When the calendar month is up post the complaints.

[platinum]

A couple of suggestions

 

See http://www.opsi.gov.uk/acts/acts1998/80029--b.htm#10

 

This gives you the statutory right to give notice to the Data Controller (ie Mackenzie Hall) to stop using data it holds on you in a manner likely to cause distress under the Data Protection Act. Tell them that you will not accept that they have good reason unless they produce documentary evidence in support of it.

 

if that doesn't work, make a complaint under sections 1 and 7(3A) of the Protection from Harassment Act - see http://www.opsi.gov.uk/acts/acts1997/1997040.htm. This does not contain section 7(3A) which is instead recorded in section 44 of the Criminal Justice and Police Act - see http://www.opsi.gov.uk/acts/acts2001/10016--d.htm#44

 

Scottish Law is governed by Section 8 of the Protection from Harassment Act and so 7(3A) does not apply there. However since if the offence was effectively carried out in England or Wales, then it does and makes aiding and abetting an equal offence. I am told it is a Police matter and that who you should complain to - so make complaint against the Company Secretary and each director. If you can find out their names and possibly addresses (obtainable from Companies House for a fee) so much the better.

[mac hall]

I too have received a further demand for payment from this firm. THIS TIME OFFERING TO REDUCE A NON EXISTANT DEBT BY 40%

I am choosing to use the envelope to post various bits of junk mail back to them.

Very childish I know but at least they have to pay the postage.

Even if they are closed down they will re-emerge from the slime as another name.

Don't give them anything.

[Treble8]

I like the idea of using Mac Hall's envelopes to send junk mail back to them. Think I'l do the same.

[helenj999]

I think you are so right and to the point... My husband is a police officer and is looking into harrassment as I get nasty text messages....I have noticed that some people here do defend them and think they may be part of the organisation....so people be careful you dont get the wrong advice.... sorry but i dont trust anyone

[sweetcyanide]

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