Pursued by Mackenzie Hall.

[KhonJaiDee]

Hi, and thanks for the informative site. I have been a lurker for a while, soaking up the mounds of information available, but I have an issue of my own, now.

 

Since November time, I've been receiving communications from Mackenzie Hall to which I've not responded. These have been both by letter and by telephone and claim that I owe an amount on an old credit card. The first letter basically stated please can you confirm whether you used to live at such-and-such an address, but, as I say, I've never responded to any communication.

 

I have now received a letter headed "Notice of Court Action" stating that if I don't immediately respond and pay the amount in full, they will issue a claim in my "Local Court". The letter does not mention a county court, just "local". Is it for real, or are they just trying it on? What are other members' experiences?

 

I have moved around the UK a lot and spent 4 years abroad (work-related, not to avoid debts), so, for the life of me, I can't recall this debt, and even if I were to be mine, it is more than likely over six years old, but I don't know for sure.

 

Grateful for any guidance, and thanks in advance.

[dollypops]

1. Mac Hall are full of nothing but puff an bluster, and are well known for talking a load of old tosh. [edited], and their employees are around the 21 age max. I have been inside the belly of the beast and it aint very professional.

 

2. They nearly always try and get people to pay for very old statute barred debts. That they know are unenforceable !!

 

3. Do not confirm to them if you have lived at any other address other than the one you are at now. Thats for them to prove, not you.

 

4. Send them the telephone harassment letter clicky

 

5. If you think you do owe this debt and its recent (within the last 6 years) send them a CCA request clicky Template Letter N.

 

6. Under no circumstances deal with this bunch of [edited] by telephone. If they do phoneer mind them of the harrassment letter you have sent and ask them to hold a second while you start recording the call, they will quickly get the message.

 

Everything you post to them MUST be sent RECORDED DELIVERY.

But, most importantly DO NOT send them a bloody penny until they have complied with the CCA Request in full, if they don't then the debt IS unenforceable, and all claims about court are more puff and bluster, let them scream bloody murder, sit back and relax.

If they claim to have bought the debt then i don't know (someone else may confirm) it might be worth sending a SAR to them, as they most probably won't comply with either, which will put them in an ever bigger hole.

 

Also keep an eye on your credit file, as they may try to blacken it, but you can get them if they do that too.

 

I am sure someone else will be along soon though with more advice

[jonni2bad]

dolly - Please be aware of the potential for libel. You could do great harm to the site in the process.

[NailPost]

You can't be done for libel if what is said is true, fair comment or in the public interest.

 

It would be up to MHall to launch a libel action and to succeed they would need to persuade a judge they always comply with the law, they always respond promptly to CCA requests, their staff are always polite and courteous on the phone and never, ever send out letters which may look like official court papers.

 

What do you think!

[dollypops]

Nothing i have said before in my post above, has not been said numerous times by people other than myself as well on these forums.

 

But no problem, advice heeded, and i will re-word certain items, but in all fairness i think that people should know the type of company this is and what they are dealing with, and what to expect.

[bidstermeister]

Well, I for one don't think any less of them after reading that - and I'm a reasonable person

[KhonJaiDee]

Thanks for the guidance, although the finer points of libel law do escape me .

 

I have prepared the you-can't-touch-me-cos-the-debt-is-older-than-six-years letter but the thought crossed my mind that what if it isn't older than 6 years? Would I be dropping myself in it by sending such a missive only for MH to turn round and say, "Ah ha, it's only 5 years 363 days."?

 

For the life of me I cannot remember, and my nomadic lifestyle means that I've mislaid papers along the way.

 

Thanks.

[dollypops]

Thanks for the guidance, although the finer points of libel law do escape me .

 

I have prepared the you-can't-touch-me-cos-the-debt-is-older-than-six-years letter but the thought crossed my mind that what if it isn't older than 6 years? Would I be dropping myself in it by sending such a missive only for MH to turn round and say, "Ah ha, it's only 5 years 363 days."?

 

For the life of me I cannot remember, and my nomadic lifestyle means that I've mislaid papers along the way.

 

Thanks.

 

If you unsure of the age of the debt, then i wouldnt send them that letter at the mo, but keep hold of it you may remember later and then you can fire it off to them.

 

In the meantime, send them this (AND REMEMBER DO NOT EVER CONTACT THEM BY PHONE OR GIVE THEM PHONE NUMBERS)

 

 

Mackenzie Hall

30 The Foregate

Kilmarnock,

Ayrshire,

KA1 1LU

 

Dear Sir/Madam

 

Re:− Account/Reference Number

 

I do not acknowledge any debt to your company, and confirm that no payments will be forthcoming until compliance with this request.

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

 

 

After you post this by RECORDED DELIVERY they have 14 days to comply then the debt becomes unenforceable, if they then come up with the agreement they will have to goto court to enforce it and explain themselevs and risk a fine. And even then you may find it was statute barred anyway

 

[NailPost]

Send the barstewards this letter. They hold a consumer credit licence, they know what the law says. If they don't that's their problem.

 

Dear Sir/Madam

 

Your Ref:− Account/Reference Number

 

I do not acknowledge any debt to your company or any other company you may claim to reprsenet.

 

With reference to the above reference number I require you to send a copy of the signed credit agreement you allege exists.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), we am entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act and does not represent a payment towards the total debt you are claiming.

 

Yours faithfully

Mr A N Other

 

I would pay the £1 by crossed postal order (made payable to Mackenzie Hall) and sent by recorded delivery. They have 12 working days from receipt to comply. That's Mon-Fri. If they don't )and I've yet to hear of this lot ever doign so they are in default and their empty legal threats can safely be ignored) leave them be for a calendar month (28 days) at which point they commit a criminal offence - again I have never heard of them complying so they have criminal records longer than some of the most persistent criminals - and then they will never ever take it to a judge.

[KhonJaiDee]

That's good enough for me.

 

Thank you both for your help.

[KhonJaiDee]

I apologise for resurrecting this old thread, but matters have moved on a little.

 

I sent the letter and postal order as recommended by NailPost and the Royal Mail tracking site confirms the letter as having been delivered from their Kilmarnock office on 2 March 2007. No reply to this has ever been received. However, about two months ago, I began to get voice mail messgaes on my home phone asking me to contact Red and latterly Mackenzie Hall. I ignored them but today received a letter from Mackenzie Hall which is more or less identical to the first one I received a year ago. It seems that they've just decided to forget that I'd written to them in March, and are starting the whole process again. How do I get 'em to stop contacting me. It's worrying because we have my aged mother living with us and she is prone to answering phone calls, merrily divulging any information which the caller requests without enquiring of his/her bona fides.

 

Thanks again for any guidance.

[rory32]

I would raise a complaint with Trading Standards. I would also make a formal complaint to Mac Hall and enclose the following letter with your complaint http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

[rory32]

You may also wish to consider changing your phone number or getting call blocking.

[NailPost]

By making the CCA request you planted the ball firmly n tier court. They failed to respond and are now in default. You could make a complaint to them but MHall's employees are not paid to read letters that do not contain money so don't expect a response. You could make a complaint to their local trading standards office - East Ayrshire Council know all about this lot - but don't expect them to rush round and force MHall to respond.

 

You could of course ignore them because the only proper response from MHall is the production of the necessary paperwork.

[rory32]

The point of making the complaint to MH Nailpost is that if they choose to ignore it the OP can then get the FOS involved.

[NailPost]

My reasoning was based on the CCA request being made in March and as a result is a few weeks before the date the FOS began taking complaints. MHall ignore any letters that don't contain money and a complaint to the FOS will be knocked back because of the timing.

[KhonJaiDee]

Thank you both for the suggestions. I'm tempted to fire off the telephone harassment letter and otherwise ignore them on the basis that whilst they don't respond to my letter of 1 March, the debt is unenforceable.

 

Does this make sense?

[rory32]

Does this make sense?

Entirely, you can just choose to ignore them if you want.

[KhonJaiDee]

But would that be at my peril?

[rory32]

I would advise that you at least get TS involved.

[KhonJaiDee]

That sounds fine by me! Telephone letter and a missive to the Trading Standards people, it is.

 

Thanks again for the reassurance.